Jobs, Growth and Long-term Prosperity Act

An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) expands the list of eligible expenses under the Medical Expense Tax Credit to include blood coagulation monitors and their disposable peripherals;
(b) introduces a temporary measure to allow certain family members to open a Registered Disability Savings Plan for an adult individual who might not be able to enter into a contract;
(c) extends, for one year, the temporary Mineral Exploration Tax Credit for flow-through share investors;
(d) allows corporations to make split and late eligible dividend designations;
(e) makes the salary of the Governor General taxable and adjusts that salary;
(f) allows a designated partner of a partnership to provide a waiver on behalf of all partners to extend the time limit for issuing a determination in respect of the partnership;
(g) amends the penalty applicable to promoters of charitable donation tax shelters who file false registration information or who fail to register a tax shelter prior to selling interests in the tax shelter;
(h) introduces a new penalty applicable to tax shelter promoters who fail to respond to a demand to file an information return or who file an information return that contains false or misleading sales information;
(i) limits the period for which a tax shelter identification number is valid to one calendar year;
(j) modifies the rules for registering certain foreign charitable organizations as qualified donees;
(k) amends the rules for determining the extent to which a charity has engaged in political activities; and
(l) provides the Minister of National Revenue with the authority to suspend the privileges, with respect to issuing tax receipts, of a registered charity or a registered Canadian amateur athletic association if the charity or association fails to report information that is required to be filed annually in an information return or devotes resources to political activities in excess of the limits set out in the Income Tax Act.
Part 1 also implements other selected income tax measures and related measures. Most notably, it
(a) amends the Income Tax Act consequential on the implementation of the Marketing Freedom for Grain Farmers Act, including the extension of the tax deferral allowed to farmers in a designated area who produce listed grains and receive deferred cash purchase tickets to all Canadian farmers who produce listed grains and receive deferred cash purchase tickets;
(b) provides authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return; and
(c) introduces a requirement for commercial tax preparers to file income tax returns electronically.
Part 2 amends the Excise Tax Act to implement certain excise tax and goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 29, 2012 Budget. It expands the list of GST/HST zero-rated medical and assistive devices as well as the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening diseases. It also exempts certain pharmacists’ professional services from the GST/HST, other than prescription drug dispensing services that are already zero-rated. It further allows certain literacy organizations to claim a rebate of the GST and the federal component of the HST paid on the acquisition of books to be given away for free by those organizations. It also implements legislative requirements relating to the Government of British Columbia’s decision to exit the harmonized sales tax framework. Additional amendments to that Act and related regulations in respect of foreign-based rental vehicles temporarily imported by Canadian residents provide, in certain circumstances, relief from the GST/HST, the Green Levy on fuel-inefficient vehicles and the automobile air conditioner tax. This Part further amends that Act to ensure that changes to the standardized fuel consumption test method used for the EnerGuide, as announced on February 17, 2012 by the Minister of Natural Resources, do not affect the application of the Green Levy.
Finally, Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to provide authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return.
Part 3 contains certain measures related to responsible resource development.
Division 1 of Part 3 enacts the Canadian Environmental Assessment Act, 2012, which establishes a new federal environmental assessment regime. Assessments are conducted in relation to projects, designated by regulations or by the Minister of the Environment, to determine whether they are likely to cause significant adverse environmental effects that fall within the legislative authority of Parliament, or that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that is required for the carrying out of the project.
The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, the National Energy Board or a review panel established by the Minister are to conduct assessments within applicable time limits. At the end of an assessment, a decision statement is to be issued to the project proponent who is required to comply with the conditions set out in it.
The enactment provides for cooperation between the federal government and other jurisdictions by enabling the delegation of an environmental assessment, the substitution of the process of another jurisdiction for an environmental assessment under the Act and the exclusion of a project from the application of the Act when there is an equivalent assessment by another jurisdiction. The enactment requires that there be opportunities for public participation during an environmental assessment, that participant funding programs and a public registry be established, and that there be follow-up programs in relation to all environmental assessments. It also provides for powers of inspection and fines.
Finally, the enactment specifies that federal authorities are not to take certain measures regarding the carrying out of projects on federal lands or outside Canada unless they determine that those projects are not likely to cause significant adverse environmental effects.
This Division also makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other Acts, and repeals the Canadian Environmental Assessment Act.
Division 2 of Part 3 amends the National Energy Board Act to allow the Governor in Council to make the decision about the issuance of certificates for major pipelines. It amends the Act to establish time limits for regulatory reviews under the Act and to enhance the powers of the National Energy Board Chairperson and the Minister responsible for the Act to ensure that those reviews are conducted in a timely manner. It also amends the Act to permit the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters and it establishes an administrative monetary penalty system.
Division 3 of Part 3 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.
Division 4 of Part 3 amends the Nuclear Safety and Control Act to extend the maximum allowable term of temporary members of the Canadian Nuclear Safety Commission from six months to three years. It is also amended to allow for a licence to be transferred with the consent of that Commission and it puts in place an administrative monetary penalty system.
Division 5 of Part 3 amends the Fisheries Act to focus that Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments allow the Minister to enter into agreements with provinces and with other bodies, provide for the control and management of aquatic invasive species, clarify and expand the powers of inspectors, and permit the Governor in Council to designate another Minister as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for the purposes of, and in relation to, subject matters set out by order.
Division 6 of Part 3 amends the Canadian Environmental Protection Act, 1999 to provide the Minister of the Environment with the authority to renew disposal at sea permits in prescribed circumstances. It is also amended to change the publication requirements for disposal at sea permits and to provide authority to make regulations respecting time limits for their issuance and renewal.
Division 7 of Part 3 amends the Species at Risk Act to allow for the issuance of authorizations with a longer term, to clarify the authority to renew the authorizations and to make compliance with conditions of permits enforceable. The Act is also amended to provide authority to make regulations respecting time limits for the issuance and renewal of permits under the Act. Furthermore, section 77 is amended to ensure that the National Energy Board will be able to issue a certificate when required to do so by the Governor in Council under subsection 54(1) of the National Energy Board Act.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends a number of Acts to eliminate the requirement for the Auditor General of Canada to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.
Division 2 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products.
Division 3 of Part 4 provides that PPP Canada Inc. is an agent of Her Majesty for purposes limited to its mandated activities at the federal level, including the provision of advice to federal departments and Crown corporations on public-private partnership projects.
Division 4 of Part 4 amends the Northwest Territories Act, the Nunavut Act and the Yukon Act to provide the authority for the Governor in Council to set, on the recommendation of the Minister of Finance, the maximum amount of territorial borrowings and to make regulations in relation to those maximum amounts, including what constitutes borrowing, the relevant entities and the valuation of the borrowings.
Division 5 of Part 4 amends the Financial Administration Act to modify, for parent Crown corporations, the period to which their quarterly financial reports relate, so that it is aligned with their financial year, and to include in the place of certain annual tabling requirements related to the business and activities of parent Crown corporations a requirement to make public consolidated quarterly reports on their business and activities. It also amends the Alternative Fuels Act and the Public Service Employment Act to eliminate certain reporting requirements.
Division 6 of Part 4 amends the Department of Human Resources and Skills Development Act to establish the Social Security Tribunal and to add provisions authorizing the electronic administration or enforcement of programs, legislation, activities or policies. It also amends the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act so that appeals from decisions made under those Acts will be heard by the Social Security Tribunal. Finally, it provides for transitional provisions and makes consequential amendments to other Acts.
Division 7 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the protection of personal information obtained in the course of administering or enforcing the Canada Pension Plan and the Old Age Security Act and repeals provisions in the Canada Pension Plan and the Old Age Security Act that are substantially the same as those that are added to the Human Resources and Skills Development Act.
Division 8 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the social insurance registers and Social Insurance Numbers. It also amends the Canada Pension Plan in relation to Social Insurance Numbers and the Employment Insurance Act to repeal certain provisions relating to the social insurance registers and Social Insurance Numbers and to maintain the power to charge the costs of those registers to the Employment Insurance Operating Account.
Division 9 of Part 4 amends the Parks Canada Agency Act to provide that the Agency may enter into agreements with other ministers or bodies to assist in the administration and enforcement of legislation in places outside national parks, national historic sites, national marine conservation areas and other protected heritage areas if considerations of geography make it impractical for the other minister or body to administer and enforce that legislation in those places. It also amends that Act to provide that the Chief Executive Officer is to report to the Minister of the Environment under section 31 of that Act every five years. It amends that Act to remove the requirements for annual corporate plans, annual reports and annual audits, and amends that Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act to provide that that Minister is to review management plans for national parks, national historic sites, national marine conservation areas and other protected heritage areas at least every 10 years and is to have any amendments to a plan tabled in Parliament.
Division 10 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act in order to allow public sector investment pools that satisfy certain criteria, including pursuing commercial objectives, to directly invest in a Canadian financial institution, subject to approval by the Minister of Finance.
Division 11 of Part 4 amends the National Housing Act, the Canada Mortgage and Housing Corporation Act and the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act to enhance the governance and oversight framework of the Canada Mortgage and Housing Corporation.
This Division also amends the National Housing Act to establish a registry for institutions that issue covered bonds and for covered bond programs and to provide for the protection of covered bond contracts and covered bond collateral in the event of an issuer’s bankruptcy or insolvency. It also makes amendments to the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to prohibit institutions from issuing covered bonds except within the framework established under the National Housing Act. Finally, it includes a coordinating amendment to the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act.
Division 12 of Part 4 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
Division 13 of Part 4 amends the Bretton Woods and Related Agreements Act to reflect an increase in Canada’s quota subscription, as related to the ratification of the 2010 Quota and Governance reform resolution of the Board of Governors of the International Monetary Fund, and to align the timing of the annual report under that Act to correspond to that of the annual report under the Official Development Assistance Accountability Act.
Division 14 of Part 4 amends the Canada Health Act so that members of the Royal Canadian Mounted Police are included in the definition of “insured person”.
Division 15 of Part 4 amends the Canadian Security Intelligence Service Act to
(a) remove the office of the Inspector General;
(b) require the Security Intelligence Review Committee to submit to the Minister of Public Safety and Emergency Preparedness a certificate on the Director of the Canadian Security Intelligence Service’s annual report; and
(c) increase the information on the Service’s activities to be provided by that Committee to that Minister.
Division 16 of Part 4 amends the Currency Act to clarify certain provisions that relate to the calling in and the redemption of coins.
Division 17 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act in order to implement the total transfer protection for the 2012-2013 fiscal year and to give effect to certain elements of major transfer renewal that were announced by the Minister of Finance on December 19, 2011. It also makes certain administrative amendments to that Act and to the Canada Health Act.
Division 18 of Part 4 amends the Fisheries Act to authorize the Minister of Fisheries and Oceans to allocate fish for the purpose of financing scientific and fisheries management activities in the context of joint project agreements.
Division 19 of Part 4 amends the Food and Drugs Act to give the Minister of Health the power to establish a list that sets out prescription drugs or classes of prescription drugs and to provide that the list may be incorporated by reference. It also gives the Minister the power to issue marketing authorizations that exempt a food, or an advertisement with respect to a food, from certain provisions of the Act. The division also provides that a regulation with respect to a food and a marketing authorization may incorporate by reference any document. It also makes consequential amendments to other Acts.
Division 20 of Part 4 amends the Government Employees Compensation Act to allow prescribed entities to be subrogated to the rights of employees to make claims against third parties.
Division 21 of Part 4 amends the International Development Research Centre Act to reduce the maximum number of governors of the Centre to 14, and to consequently change other rules about the number of governors.
Division 22 of Part 4 amends Part I of the Canada Labour Code to require the parties to a collective agreement to file a copy of it with the Minister of Labour, subject to the regulations, as a condition for it to come into force. It amends Part III of that Act to require employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. The Division also amends that Part to create an offence and to increase maximum fines for offences under that Part.
Division 23 of Part 4 repeals the Fair Wages and Hours of Labour Act.
Division 24 of Part 4 amends the Old Age Security Act to provide the Minister of Human Resources and Skills Development with the authority to waive the requirement for an application for Old Age Security benefits for many eligible seniors, to gradually increase the age of eligibility for the Old Age Security Pension, the Guaranteed Income Supplement, the Allowance and the Allowance for the Survivor and to allow individuals to voluntarily defer their Old Age Security Pension up to five years past the age of eligibility, in exchange for a higher, actuarially adjusted, pension.
Division 25 of Part 4 dissolves the Public Appointments Commission and its secretariat.
Division 26 of Part 4 amends the Seeds Act to give the President of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.
Division 27 of Part 4 amends the Statutory Instruments Act to remove the distribution requirements for the Canada Gazette.
Division 28 of Part 4 amends the Investment Canada Act in order to authorize the Minister of Industry to communicate or disclose certain information relating to investments and to accept security in order to promote compliance with undertakings.
Division 29 of Part 4 amends the Customs Act to allow the Minister of Public Safety and Emergency Preparedness to designate a portion of a roadway or other access way that leads to a customs office and that is used by persons arriving in Canada and by persons travelling within Canada as a mixed-traffic corridor. All persons who are travelling in a mixed-traffic corridor must present themselves to a border services officer and state whether they are arriving from a location outside or within Canada.
Division 30 of Part 4 gives retroactive effect to subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985.
Division 31 of Part 4 amends the Railway Safety Act to limit the apportionment of costs to a road authority when a grant has been made under section 12 of that Act.
Division 32 of Part 4 amends the Canadian International Trade Tribunal Act to replace the two Vice-chairperson positions with two permanent member positions.
Division 33 of Part 4 repeals the International Centre for Human Rights and Democratic Development Act and authorizes the closing out of the affairs of the Centre established by that Act.
Division 34 of Part 4 amends the Health of Animals Act to allow the Minister of Agriculture and Agri-Food to declare certain areas to be control zones in respect of a disease or toxic substance. The enactment also grants the Minister certain powers, including the power to make regulations prohibiting the movement of persons, animals or things in the control zones for the purpose of eliminating a disease or toxic substance or controlling its spread and the power to impose conditions on the movement of animals or things in those zones.
Division 35 of Part 4 amends the Canada School of Public Service Act to abolish the Board of Governors of the Canada School of Public Service and to place certain responsibilities on the Minister designated for the purposes of the Act and on the President of the School.
Division 36 of Part 4 amends the Bank Act by adding a preamble to it.
Division 37 of Part 4 amends the Corrections and Conditional Release Act to eliminate the requirement of a hearing for certain reviews.
Division 38 of Part 4 amends the Coasting Trade Act to add seismic activities to the list of exceptions to the prohibition against foreign ships and non-duty paid ships engaging in the coasting trade.
Division 39 of Part 4 amends the Status of the Artist Act to dissolve the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.
Division 40 of Part 4 amends the National Round Table on the Environment and the Economy Act to give the Round Table the power to sell or otherwise dispose of its assets and satisfy its debts and liabilities and to give the Minister of the Environment the power to direct the Round Table in respect of the exercise of some of its powers. The Division provides for the repeal of the Act and makes consequential amendments to other acts.
Division 41 of Part 4 amends the Telecommunications Act to change the rules relating to foreign ownership of Canadian carriers eligible to operate as telecommunications common carriers and to permit the recovery of costs associated with the administration and enforcement of the national do not call list.
Division 42 of Part 4 amends the Employment Equity Act to remove the requirements that are specific to the Federal Contractors Program for Employment Equity.
Division 43 of Part 4 amends the Employment Insurance Act to permit a person’s benefits to be determined by reference to their highest earnings in a given number of weeks, to permit regulations to be made respecting what constitutes suitable employment, to remove the requirement that a consent to deduction be in writing, to provide a limitation period within which certain repayments of overpayments need to be deducted and paid and to clarify the provisions respecting the refund of premiums to self-employed persons. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including requiring that the rate be set on a seven-year break-even basis once the Employment Insurance Operating Account returns to balance. The Division makes consequential amendments to the Canada Employment Insurance Financing Board Act.
Division 44 of Part 4 amends the Customs Tariff to make certain imported fuels duty-free and to increase the travellers’ exemption thresholds.
Division 45 of Part 4 amends the Canada Marine Act to require provisions of a port authority’s letters patent relating to limits on the authority’s power to borrow money to be recommended by the Minister of Transport and the Minister of Finance before they are approved by the Governor in Council.
Division 46 of Part 4 amends the First Nations Land Management Act to implement changes made to the Framework Agreement on First Nation Land Management, including changes relating to the description of land that is to be subject to a land code, and to provide for the coming into force of land codes and the development by First Nations of environmental protection regimes.
Division 47 of Part 4 amends the Canada Travelling Exhibitions Indemnification Act to increase the maximum indemnity in respect of individual travelling exhibitions, as well as the maximum indemnity in respect of all travelling exhibitions.
Division 48 of Part 4 amends the Canadian Air Transport Security Authority Act to provide that the chief executive officer of the Authority is appointed by the Governor in Council and that an employee may not replace the chief executive officer for more than 90 days without the Governor in Council’s approval.
Division 49 of Part 4 amends the First Nations Fiscal and Statistical Management Act to repeal provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the Institute’s affairs.
Division 50 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide for the payment or reimbursement of fees for career transition services for veterans or their survivors.
Division 51 of Part 4 amends the Department of Human Resources and Skills Development Act to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act. It repeals the Department of Social Development Act and, in doing so, eliminates the National Council of Welfare.
Division 52 of Part 4 amends the Wage Earner Protection Program Act in order to correct the English version of the definition “eligible wages”.
Division 53 of Part 4 repeals the Kyoto Protocol Implementation Act.
Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.
Division 55 of Part 4 enacts the Shared Services Canada Act to establish Shared Services Canada to provide certain administrative services specified by the Governor in Council. The Act provides for the Governor in Council to designate a minister to preside over Shared Services Canada.
Division 56 of Part 4 amends the Assisted Human Reproduction Act to respond to the Supreme Court of Canada decision in Reference re Assisted Human Reproduction Act that was rendered in 2010, including by repealing the provisions that were found to be unconstitutional and abolishing the Assisted Human Reproduction Agency of Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
June 18, 2012 Failed That the motion be amended by deleting all of the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because this House: a) does not know the full implications of the budget cuts given that the government has kept the details of the $5.2 billion in spending cuts from the Parliamentary Budget Officer whose lawyer, Joseph Magnet, says the government is violating the Federal Accountability Act and should turn the information over to the Parliamentary Budget Officer; b) is concerned with the impact of the changes in the Bill on Canadian society, such as: i) making it more difficult for Canadians to access Employment Insurance (EI) when they need it and forcing them to accept jobs at 70% of what they previously earned or lose their EI; ii) raising the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years and thus driving thousands of Canadians into poverty while downloading spending to the provinces; iii) cutting back the federal health transfers to the provinces from 2017 on, which will result in a loss of $31 billion to the health care system; and iv) gutting the federal environmental assessment regime and weakening fish habitat protection which will adversely affect Canada's environmental sustainability for generations to come; and c) is opposed to the removal of critical oversight powers of the Auditor General over a dozen agencies and the systematic concentration of powers in the hands of government ministers over agencies such as the National Energy Board, which weakens Canadians' confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically eroding institutional checks and balances to the government's ideologically driven agenda”.
June 13, 2012 Passed That Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be concurred in at report stage.
June 13, 2012 Failed That Bill C-38 be amended by deleting the Schedule.
June 13, 2012 Failed That Bill C-38, in Clause 753, be amended by replacing lines 8 and 9 on page 424 with the following: “force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 711.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 706.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 700.
June 13, 2012 Failed That Bill C-38, in Clause 699, be amended by replacing line 16 on page 401 with the following: “2007, is repealed as of April 30, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 699.
June 13, 2012 Failed That Bill C-38, in Clause 696, be amended by replacing lines 2 and 3 on page 401 with the following: “on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 685.
June 13, 2012 Failed That Bill C-38, in Clause 684, be amended by replacing lines 6 to 8 on page 396 with the following: “684. This Division comes into force on September 1, 2012.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 661.
June 13, 2012 Failed That Bill C-38, in Clause 681, be amended by replacing lines 32 to 34 on page 394 with the following: “681. This Division comes into force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 656.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 654.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 620.
June 13, 2012 Failed That Bill C-38, in Clause 619, be amended by replacing lines 22 and 23 on page 378 with the following: “608(2) and (3) come into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 606.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 603.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 602.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 595.
June 13, 2012 Failed That Bill C-38, in Clause 594, be amended by replacing lines 6 and 7 on page 365 with the following: “on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 578.
June 13, 2012 Failed That Bill C-38, in Clause 577, be amended by replacing lines 18 to 20 on page 361 with the following: “577. This Division comes into force on June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 532.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 531.
June 13, 2012 Failed That Bill C-38, in Clause 530, be amended by replacing lines 24 and 25 on page 342 with the following: “on January 15, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 526.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by deleting lines 6 to 10 on page 341.
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing lines 6 to 10 on page 341 with the following: “And whereas respect for provincial laws of general application is necessary to ensure the quality of the banking services offered;”
June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing line 33 on page 340 with the following: “Whereas a strong, efficient and publicly accountable banking sector”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 525.
June 13, 2012 Failed That Bill C-38, in Clause 522, be amended by replacing line 2 on page 340 with the following: “possible after the end of each fiscal year but”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 516.
June 13, 2012 Failed That Bill C-38, in Clause 515, be amended by replacing line 28 on page 338 with the following: “September 1, 2013 or, if it is later, on the day on”
June 13, 2012 Failed That Bill C-38, in Clause 508, be amended (a) by replacing line 1 on page 336 with the following: “( b) humanely dispose of that animal or thing or require” (b) by replacing line 3 on page 336 with the following: “care or control of it to humanely dispose of it if, according to expert opinion, treatment under paragraph ( a) is not feasible or is not able to be carried out quickly enough to be effective in eliminating the disease or toxic substance or preventing its spread.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 506.
June 13, 2012 Failed That Bill C-38, in Clause 505, be amended by replacing lines 9 and 10 on page 333 with the following: “on January 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 490.
June 13, 2012 Failed That Bill C-38, in Clause 489, be amended by replacing line 20 on page 329 with the following: “February 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 487.
June 13, 2012 Failed That Bill C-38, in Clause 486, be amended by replacing line 30 on page 328 with the following: “January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 484.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 481.
June 13, 2012 Failed That Bill C-38, in Clause 480, be amended by replacing line 13 on page 326 with the following: “subsection 23(1) and all criteria and factors considered in reaching a decision or sending notice under that subsection, with the exception of all commercially sensitive information;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 479.
June 13, 2012 Failed That Bill C-38, in Clause 478, be amended by replacing lines 25 to 27 on page 325 with the following: “478. This Division comes into force on September 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 476.
June 13, 2012 Failed That Bill C-38, in Clause 475, be amended by replacing lines 18 and 19 on page 324 with the following: “tion 4.1, including their issuance and their”
June 13, 2012 Failed That Bill C-38, in Clause 474, be amended by replacing line 3 on page 324 with the following: “that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”
June 13, 2012 Failed That Bill C-38, in Clause 473, be amended by replacing lines 12 and 13 on page 323 with the following: “tion 4.2, including their issuance and their”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 473.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 468.
June 13, 2012 Failed That Bill C-38, in Clause 467, be amended by replacing lines 3 to 5 on page 322 with the following: “464 and 465, come into force on June 15, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 446.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 445.
June 13, 2012 Failed That Bill C-38, in Clause 444, be amended by replacing lines 1 to 3 on page 306 with the following: “444. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 441.
June 13, 2012 Failed That Bill C-38, in Clause 440, be amended by replacing lines 21 and 22 on page 305 with the following: “force on January 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 427.
June 13, 2012 Failed That Bill C-38, in Clause 426, be amended by replacing lines 1 to 3 on page 299 with the following: “426. This Division comes into force on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 420.
June 13, 2012 Failed That Bill C-38, in Clause 419, be amended by replacing lines 12 and 13 on page 295 with the following: “force on January 1, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 416, be amended by replacing line 40 on page 292 with the following: “considers appropriate and must be subject to regulatory approval.”
June 13, 2012 Failed That Bill C-38, in Clause 413, be amended by deleting lines 25 and 26 on page 291.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 412.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 411.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 391.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 378.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 377.
June 13, 2012 Failed That Bill C-38, in Clause 374, be amended by replacing lines 31 to 33 on page 280 with the following: “374. This Division comes into force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 368, be amended by adding after line 34 on page 274 the following: “(3) Every officer appointed under this section must conduct every operation, wherever it takes place, in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 368.
June 13, 2012 Failed That Bill C-38, in Clause 367, be amended by replacing lines 9 and 10 on page 272 with the following: “force on January 1, 2014.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 353.
June 13, 2012 Failed That Bill C-38, in Clause 325, be amended (a) by replacing line 20 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 22 on page 244 with the following: “at least every 10 years, taking into account any feedback received from the public under subsection (2.1), and shall cause any” (c) by adding after line 24 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 324, be amended (a) by replacing lines 13 and 14 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the management plan for each park at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (b) by adding after line 16 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 319, be amended (a) by replacing line 39 on page 243 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 41 on page 243 with the following: “protected heritage area at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (c) by adding after line 43 on page 243 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
June 13, 2012 Failed That Bill C-38, in Clause 318, be amended by adding after line 36 on page 243 the following: “(2) The report referred to in subsection (1) shall include, for the previous calendar year, all information related to any action or enforcement measure taken in accordance with subsection 6(1) under any Act or regulation set out in Part 3 or Part 4 of the Schedule.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 317.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 315.
June 13, 2012 Failed That Bill C-38, in Clause 314, be amended by replacing lines 8 and 9 on page 242 with the following: “on May 1, 2013.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 304.
June 13, 2012 Failed That Bill C-38, in Clause 303, be amended by replacing lines 2 and 3 on page 235 with the following: “on September 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 283.
June 13, 2012 Failed That Bill C-38, in Clause 281, be amended by replacing line 33 on page 226 with the following: “April 1, 2016.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 223.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 219.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 218.
June 13, 2012 Failed That Bill C-38, in Clause 217, be amended by replacing lines 21 to 23 on page 194 with the following: “217. This Division comes into force on April 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 217.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 214.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 209.
June 13, 2012 Failed That Bill C-38, in Clause 175, be amended by replacing line 17 on page 185 with the following: “financial statements of the Council, and the Council shall make the report available for public scrutiny at the offices of the Council.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 170.
June 13, 2012 Failed That Bill C-38, in Clause 163, be amended by replacing line 29 on page 181 with the following: “(6.1) Subject to subsection 73(9), the agreement or permit must set out”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 163.
June 13, 2012 Failed That Bill C-38, in Clause 161, be amended by deleting lines 32 to 39 on page 180.
June 13, 2012 Failed That Bill C-38, in Clause 160, be amended by replacing line 13 on page 180 with the following: “published in the Environmental Registry and in the Canada Gazette; or”
June 13, 2012 Failed That Bill C-38, in Clause 159, be amended by replacing line 25 on page 179 with the following: “mental Registry as well as in the Canada Gazette.”
June 13, 2012 Failed That Bill C-38, in Clause 157, be amended by replacing lines 37 and 38 on page 178 with the following: “and, subject to the regulations, after consulting relevant peer-reviewed science, considering public concerns and taking all appropriate measures to ensure that no ecosystem will be significantly adversely affected, renew it no more than once. (1.1) Before issuing a permit referred to under subsection (1), the Minister shall ensure that the issuance of the permit will not have any adverse effects on critical habitat as it is defined in subsection 2(1) of the Species at Risk Act. ”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 157.
June 13, 2012 Failed That Bill C-38, in Clause 156, be amended by replacing lines 29 and 30 on page 178 with the following: “and 153 come into force on July 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 154, be amended by replacing line 18 on page 177 with the following: “Act may not be commenced later than twenty-five years”
June 13, 2012 Failed That Bill C-38, in Clause 150, be amended by replacing lines 25 to 29 on page 176 with the following: “recommendation of the Minister following consultation with the public and experts or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section following consultation with the public and experts.”
June 13, 2012 Failed That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following: “( i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”
June 13, 2012 Failed That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following: “42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”
June 13, 2012 Failed That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following: “enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”
June 13, 2012 Failed That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following: “results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”
June 13, 2012 Failed That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following: “made by the Governor in Council under subsection (5) applicable to that”
June 13, 2012 Failed That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following: “(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”
June 13, 2012 Failed That Bill C-38 be amended by adding after line 32 on page 157 the following new clause: “139.1 The Act is amended by adding the following after section 32: 32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”
June 13, 2012 Failed That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following: “32. (1) No person shall kill or harm fish by any”
June 13, 2012 Failed That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following: “(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”
June 13, 2012 Failed That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following: “commercial, recrea-”
June 13, 2012 Failed That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following: “programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”
June 13, 2012 Failed That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following: “thing impeding the free”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 132.
June 13, 2012 Failed That Bill C-38, in Clause 131, be amended by replacing lines 35 and 36 on page 149 with the following: “force on August 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 124, be amended by replacing line 24 on page 141 with the following: “replace a licence after consulting the public, expert opinion and peer-reviewed scientific evidence, or decide whether it is in the public interest to authorize its transfer, on”
June 13, 2012 Failed That Bill C-38, in Clause 123, be amended by replacing line 18 on page 141 with the following: “seven months.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 122.
June 13, 2012 Failed That Bill C-38, in Clause 121, be amended by replacing lines 7 and 8 on page 141 with the following: “June 1, 2015.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 116.
June 13, 2012 Failed That Bill C-38, in Clause 115, be amended by replacing lines 33 and 34 on page 138 with the following: “and 99 to 114 come into force on September 1, 2015.”
June 13, 2012 Failed That Bill C-38, in Clause 97, be amended by replacing lines 40 and 41 on page 125 with the following: “120.5 The Board may issue a ”
June 13, 2012 Failed That Bill C-38, in Clause 94, be amended by replacing line 36 on page 124 with the following: “recommendation, the Board shall, after all required consultation with members of the public and with First Nations, seek to avoid”
June 13, 2012 Failed That Bill C-38, in Clause 93, be amended by replacing line 25 on page 124 with the following: “oil or gas, the Board shall, after all required consultation with members of the public and with First Nations and taking into account all considerations that appear to it to be relevant, satisfy itself that the”
June 13, 2012 Failed That Bill C-38, in Clause 90, be amended by replacing line 12 on page 118 with the following: “was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through or”
June 13, 2012 Failed That Bill C-38, in Clause 89, be amended by replacing line 16 on page 117 with the following: “certificate under section 52 or 53 authorizing the”
June 13, 2012 Failed That Bill C-38, in Clause 88, be amended by replacing line 11 on page 117 with the following: “under which section 58.29 does not apply or leave from the Board under”
June 13, 2012 Failed That Bill C-38, in Clause 87, be amended by replacing line 44 on page 114 with the following: “a work to which that Act applies, unless it passes in, on, over, under, through or across a navigable water.”
June 13, 2012 Failed That Bill C-38, in Clause 86, be amended by replacing line 32 on page 112 with the following: “V, except sections 74, 76 to 78, 108, 110 to 111.3,”
June 13, 2012 Failed That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following: “the Board shall have regard to all representations referred to in section 55.2.”
June 13, 2012 Failed That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following: “the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”
June 13, 2012 Failed That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following: “shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”
June 13, 2012 Failed That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following: “(4) Subsections 121(3) to(5) apply to”
June 13, 2012 Failed That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following: “(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”
June 13, 2012 Failed That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following: “(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following: “(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
June 13, 2012 Failed That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following: “15. (1) The Chairperson or the Board may authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following: “14. (1) The Chairperson may propose a motion to authorize one”
June 13, 2012 Failed That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following: “(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”
June 13, 2012 Failed That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following: “an application, the Chairperson may propose a motion to put in place a”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 68.
June 13, 2012 Failed That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following: “force on April 30, 2016.”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following: “with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”
June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following: “Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality; Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development; Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality; Whereas the Government of Canada seeks to avoid duplication or unnecessary delays; And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 52.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 19.
June 13, 2012 Failed That Bill C-38, in Clause 16, be amended by replacing line 5 on page 14 with the following: “on January 1, 2013 a salary of $137,000.”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 16.
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 4.
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing line 5 on page 8 with the following: “interest, being any activity that contributes to the social or cultural lives of Canadians or that contributes to Canada's economic or ecological well-being.”
June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing lines 1 to 5 on page 7 with the following: ““political activity” means the making of a gift by a donor to a qualified donee for the purpose of allowing the donor to maintain a level of funding of political activities that is less than 10% of its income for a taxation year by delegating the carrying out of political activities to the qualified donee;”
June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 1.
June 12, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than 10 further hours shall be allotted to the consideration at report stage of the Bill and 8 hours shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the 10 hours for the consideration at report stage and at the expiry of the 8 hours for the consideration at the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
May 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 14, 2012 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because it: ( a) weakens Canadians’ confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of government ministers; ( b) shields the government from criticism on extremely controversial non-budgetary issues by bundling them into one enormous piece of legislation masquerading as a budgetary bill; ( c) undermines the critical role played by such trusted oversight bodies as the Office of the Auditor General of Canada, the CSIS Inspector General and the National Energy Board, amongst many others, thereby silencing institutional checks and balances to the government’s ideological agenda; ( d) raises the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years in a reckless effort to balance the government’s misguided spending on prisons, incompetent military procurement and inappropriate Ministerial expenses; ( e) includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection that will adversely affect fragile ecosystems and Canada’s environmental sustainability for generations to come; ( f) calls into question Canada’s food inspection and public health regime by removing critical oversight powers of the Auditor General in relation to the Canada Food Inspection Agency all while providing an avenue and paving the way for opportunities to privatize a number of essential inspection functions; and ( g) does nothing to provide a solution for the growing number of Canadians looking for employment in Canada’s challenging job market and instead fuels further job loss, which according to the Parliamentary Budget Officer will amount to a total loss of 43,000 jobs in 2014.”.
May 3, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the sixth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Old Age SecurityPetitionsRoutine Proceedings

June 13th, 2012 / 4:45 p.m.
See context

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I have 12 petitions in which members of the metro Vancouver community call upon the government to maintain the current retirement age for old age security benefits.

The petitioners from Surrey, Richmond, Coquitlam, Port Coquitlam, north Vancouver, Vancouver, my riding of Vancouver Quadra and many other communities in metro Vancouver point out that over half of old age security recipients earn less than $25,000 a year, that this two year delay will cost up to $30,000 per person over two years for those with the lowest incomes and that single women will be disproportionately affected by the change.

The petitioners call upon the government to remove the two year increase from Bill C-38 to ensure that we do not increase income inequality with this measure.

The EnvironmentPetitionsRoutine Proceedings

June 13th, 2012 / 4:40 p.m.
See context

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I have two petitions to present to the House today.

With respect to the first petition, there is a project afoot to develop a megaquarry north of Toronto, in Melancthon country. This quarry would be big enough to swallow up 60% of my riding and deep enough to bury a 20-storey building. This megaquarry would sit atop a complex watershed and threaten to poison the drinking water of about one million Canadians. The farmland that it would take out of production produces about half the potatoes eaten in the GTA each year.

This is an issue that brings into stark relief the challenge of sustainable urban development. I am, therefore, happy to table in the House a petition calling upon the Government of Canada to conduct an environmental assessment of this megaquarry development.

May this petition, and the next one I will present, serve as a last minute reminder of what a tragic disservice the government proposes to visit, not only on Canadians, but on our Earth, with the anti-environmental provisions of Bill C-38.

I am honoured to table my second petition from citizens in and around my riding.

The petitioners are deeply concerned with the current perilous trajectory of greenhouse gas emissions and the rapidly closing window to avert dangerous global warming in a socially responsible manner.

Among other things, the petitioners call upon this Parliament, in concert with provinces and territories, to create and implement a science-based and innovative Canadian energy strategy that would position Canada as a world leader on climate change solutions.

The EnvironmentOral Questions

June 13th, 2012 / 3:10 p.m.
See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, in Bill C-38, by eliminating the Kyoto Protocol Implementation Act and putting strict limits on the number of environmental assessments, the Conservatives are playing along with the oil companies and looking to accelerate pipeline approvals and oil sands development.

In an open letter to the Prime Minister, more than 100 environmental lawyers criticized this approach and cautioned that it could lead to many more legal battles.

Since it is not too late, does the government plan on withdrawing the provisions that are detrimental to the environment, as called for by the vast majority of Quebeckers and the Bloc Québécois?

Government SubsidiesOral Questions

June 13th, 2012 / 3:10 p.m.
See context

NDP

Pierre Dionne Labelle NDP Rivière-du-Nord, QC

Mr. Speaker, with Bill C-38, the Conservative government continues to muzzle anyone who has the misfortune of saying or thinking something that contradicts the Prime Minister's Office.

After attacking scientists, the Conservatives are now attacking civil society groups.

Environmental groups are not the only ones being put through the wringer. It is happening to other groups that are politically active, fighting to eliminate poverty or demand better housing, for example.

Why are the Conservatives so intent on going after all the groups that contradict them, instead of learning from their experience? Is this the Prime Minister's vision of democracy—starving anyone who says what he does not want to hear?

The EconomyOral Questions

June 13th, 2012 / 2:55 p.m.
See context

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, later today the House will begin voting on legislation to implement economic action 2012. This important and necessary legislation takes long-term responsible steps to ensure Canada's finances are sustainable and support jobs and economic growth.

Around the world, Canadians see the negative economic and social consequences of countries that delay and defer necessary reforms. Canada simply cannot afford to delay action.

Could the Minister of Finance please underline for Canadians and the House the importance of Bill C-38 and economic action plan 2012?

The EnvironmentOral Questions

June 13th, 2012 / 2:45 p.m.
See context

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, if we really want to improve our assessment process, we need more scientists at the Canadian Environmental Assessment Agency. Instead, the government decimated the agency and transferred its responsibilities to the National Energy Board, but this kind of work is not in the board's bailiwick. Then the government cut the board off at the knees so that pipelines could be built without appropriate assessments meant to protect the natural resources that communities depend on.

Why will the government not split up the indigestible mishmash that is Bill C-38 so that these environmental reforms can receive the parliamentary consideration they deserve?

The EnvironmentOral Questions

June 13th, 2012 / 2:45 p.m.
See context

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, Canadians care about the environment too. Albertans are grappling with up to a half a million litres of crude oil spilled from a ruptured pipeline, which experts say may never be cleaned up.

Gord and Bonnie Johnston watched their waterfront property become a lake of oil. They are now living in a hotel wondering what to do next. Fifty years ago, when this pipeline was built, there was no effective environmental assessment in place, and now we see the consequences.

Will the Prime Minister explain personally to Mr. and Mrs. Johnston just why he is using Bill C-38 to unravel decades of work to improve environmental safeguards and results?

The EnvironmentOral Questions

June 13th, 2012 / 2:40 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the NDP respects Canadian seniors, and that is why we will not vote in favour of the budget.

The environment commissioner said that with Bill C-38, there would be only 20 to 30 federal environmental assessments a year.

These irresponsible cuts will allow pipelines to cross our rivers with virtually no safeguards. But Canadians are already carrying the weight of $7 billion in environmental debt.

Why add to the environmental debt of future generations? Why are the Conservatives so irresponsible?

Citizenship and ImmigrationOral Questions

June 13th, 2012 / 2:35 p.m.
See context

NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, the NDP will always vote against the Conservatives' irresponsible budgets. These changes should have been debated independently from the budget measures.

The people who wish to immigrate here followed the rules. They put their lives on hold, believing, as they should, that Canada would process their applications in a fair and equitable manner. However, under clause 707 of Bill C-38, exactly the opposite will happen.

Instead of wiping out tens of thousands of applications with the stroke of a pen, will the minister agree to withdraw this clause from the bill?

Citizenship and ImmigrationOral Questions

June 13th, 2012 / 2:35 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, let us be clear. When this government came to office in 2006, it inherited from the Liberals a backlog of immigration cases, with 840,000 people waiting for up to eight years in the system. That is absolutely true.

In 2008, we brought forward amendments to the immigration act to allow us to begin to reduce those backlogs. The Liberals and the NDP voted against those amendments. Had we not adopted those amendments in 2008, the backlog would now be 1.5 million cases, with people waiting for up to 15 years. Thanks to the actions in this budget, in Bill C-38, we will have a just-in-time immigration system.

Federal-Provincial RelationsOral Questions

June 13th, 2012 / 2:30 p.m.
See context

Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, the Prime Minister must admit that the Atlantic premiers are quite concerned about the problems with Bill C-38. The western premiers have called for some strategies as well.

Does the Prime Minister not see the contradiction here? He goes to Europe demanding fiscal co-operation between the European countries, but when it comes to Canada, he refuses to even meet face-to-face with this country's premiers.

Pay EquityStatements By Members

June 13th, 2012 / 2:15 p.m.
See context

NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, as chair of the NDP women's caucus, today, I would like to express our deep indignation over the disastrous consequences that Bill C-38, a real Trojan Horse, will have in many areas of gender equality in Canada.

Cuts to old age security and employment insurance and the elimination of the Canadian Women's Health Network and the National Aboriginal Health Organization will have a greater impact on women than on men.

Equality is not a priority for this government. Clause 602 of Bill C-38 eliminates federal contractors' obligation to respect pay equity. This will have serious consequences for women's access to employment.

I am proud that the NDP continues to work for Canadian women so that gender equality is not just wishful thinking but a reality.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11:50 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am glad you tuned up the other side.

I am pleased that the member is happy about the Rouge Valley national park, but government policy on existing parks is destroying them. In my province, at the Prince Edward Island National Park, it has contracted out, laid off workers and have made full-time workers into seasonal workers. That is what is happening there.

That is not the way to build a national park system. In Bill C-38, why is the government eliminating the requirement for Parks Canada to table an annual corporate plan and financial report? What does it have to hide in terms of—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11:40 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise on a point of order. I hate to be persnickety about this but there is absolutely nothing about the Rouge Valley National Park in Bill C-38. I just want to ask about relevance.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11:35 p.m.
See context

Conservative

Corneliu Chisu Conservative Pickering—Scarborough East, ON

Mr. Speaker, I appreciate the opportunity to speak in the House tonight on behalf of my constituents of Pickering—Scarborough East to Bill C-38, the jobs, growth and long-term prosperity act, and against the NDP and Liberal opposition attempts to delay and defeat it.

I fully support the bill as it logically provides the very foundation, which I can appreciate as an engineer, for building Canada's future economic strength for many years to come in order to maintain our country as the best place in the world to live, raise a family and do business.

I have two professions, the profession of arms and professional engineering. This bill focuses like a laser on the well-being of Canada. That is true. Bill C-38, as members may know, includes vital measures contained in Canada's economic action plan 2012 first introduced in this chamber nearly four months ago. It will help set the stage for the next wave of job creation and economic growth and position Canada for a secure and prosperous future.

Before continuing, I will note one great measure in economic action plan 2012 that my constituents in Pickering—Scarborough East are very excited about.

As we all know, national parks are very popular in Canada—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would like to thank the hon. member for the very interesting speech.

I will be very brief as I know time is running out on this debate.

Today, over 120 environmental lawyers from across Canada issued a statement warning that the destruction of the Canadian Environmental Assessment Act through Bill C-38 would cause more delays, more uncertainty, and more court challenges.

I want to draw the attention of members to what good environmental assessment has done over the years. The fact is it is a tool for planning.

If it had not been for an environmental assessment that allowed the cumulative effects of the Honshu Paper-Mitsubishi plant in northern Alberta called Alpac to be studied, that huge multinational factory would not have decided on its own to offer to improve its environmental regime during the process. The same thing happened with Louisiana Pacific in Saskatchewan with its oriented strandboard plant.

With this current bill, we will have more pollution, more environmental devastation. We will lack the tools to plan and prepare for projects that mitigate their environmental effects.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11:05 p.m.
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Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, it is a delight to be able to participate in this debate on Bill C-38, the jobs, growth and long-term prosperity act. Like my colleague, the member for Cumberland—Colchester—Musquodoboit Valley, I want to address the changes proposed in Bill C-38 to the Fisheries Act, in particular.

Let me begin by telling the House how I approach legislation, and not just this legislation but all legislation that I see. I ask myself a couple of key questions. The first one is, “What problem is this legislation attempting to solve?” Of course a related question is, “Is there a problem at all, or are we happy enough with the status quo?” I think that is a key question to ask. The second key question is, “Does this legislation solve that problem in the best way possible?” In the end, my comments about these changes to the Fisheries Act are going to answer those questions.

The focus of the original Fisheries Act was to regulate fishing and activities that directly impact fishing. However, over the years the Fisheries Act has grown to include powers and authorities aimed at conservation and protection of fish and fish habitat. On its own, that may not have been a bad thing.

The problem is due to direction, some of it coming from the courts. We now no longer effectively discriminate how we regulate small-scale impacts and low-value fisheries, like stream crossings on farmland, and projects that are larger scale with those large impacts and more valuable fisheries, like a hydroelectric development or sockeye salmon.

The government has been talking with stakeholders over a number of years. I have been connected to Fisheries and Oceans now for several years and have been part of this. We know that people care about fisheries protection and proponents that undertake development activities in and around fisheries waters. They talk to us about their challenges.

Based on their knowledge and the issues they have raised, we have determined that we need to do at least three things to solve this problem. We need to streamline our process and reduce overlap and duplication. Second, we need to reinforce our commitment to protect Canada's commercial, recreational and aboriginal fisheries. We need to be more discriminating as to where and how we apply our mandate to protect fisheries.

We could add a fourth, and that is that we need to create an enabling environment to be able to partner with others, whether they be provinces or conservation groups and others.

In a nutshell, I think we need to move the federal government out of the business of reviewing every activity on every body of water, regardless of the impact, to focusing on activities that pose a significant threat to the sustainability and productivity of commercial, recreational or aboriginal fisheries.

We want to adopt a common sense approach to managing real and significant threats to fisheries and the habitat that supports them while minimizing the restrictions on routine, everyday activities that have little or no impact on the productivity of Canada's fisheries.

We recognize the importance of Canada's fisheries across the country, and our government is introducing changes that would focus our fish and fish habitat protection measures on Canada's commercial, recreational and aboriginal fisheries.

The new changes would protect the productivity of Canada's fisheries while providing much-needed clarity to Canadians by, first of all, focusing the government's protection efforts on those three fisheries; second, drawing a distinction between vital waterways that support Canada's fisheries and unproductive bodies of water, like man-made reservoirs, drainage ditches in some cases and irrigation channels; and third, identifying and managing real threats to the fisheries, including direct impacts to fish, habitat destruction and aquatic invasive species.

To help focus limited resources on projects and areas that are significant in scope and in impact, the act would enable the exemption of certain types of lower risk and routine activities or waters, like digging farm ditches or draining flooded fields, from the prohibition.

Under the revised Fisheries Act, the government would be able to enter into productive partnerships with provinces, industry and conservation groups to enable them to use their expertise to protect, monitor and conserve Canada's fisheries. This would allow the federal government to maximize its ability to collaborate with agencies and organizations that care about protecting fisheries. Enhanced partnering opportunities with organizations would help support the conservation of fisheries. Collaboration would also be streamlined by enhanced abilities to enter into legal agreements for the effective protection of fisheries.

Better partnerships with other government agencies are also key to reducing duplication and overlap. We are proposing to achieve this through new authorities that would allow other federal departments, such as the National Energy Board or the Canadian Nuclear Safety Commission, for example, or provinces, to issue authorizations under the Fisheries Act.

The new act would also give the minister the authority to declare that, if a provincial regulation made under the Fisheries Act meets or beats the federal government standards, only the provincial regulation would need apply. If the province has strong protection in place, the federal government would not need to intervene.

Let me say this, because this has been the subject of some question. There is a new prohibition in the act, a new section 35. This new section would replace text that had become outdated and no longer reflected today's reality. The prohibition states that it is prohibited for any person to undertake any works, undertakings or activities that result in serious harm to fish that are part of a commercial, recreational or aboriginal fishery or a fish that supports these fisheries. It also defines in the act what that serious harm is. It is the death of fish or permanent alteration to or destruction of fish habitat. Fish habitat is defined in the act as spawning grounds and any other areas, including nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes.

The amended Fisheries Act also includes tools to enable greater protection of ecologically significant areas such as spawning grounds for sockeye salmon, which is important of course in British Columbia where I come from. These amendments would make it easier to clearly identify and therefore to better protect these zones. Other tools to protect fisheries include enhanced compliance and enforcement tools, such as enforceable conditions, the obligation for proponents to notify government officials in the event of serious harm to fisheries, and penalties that are aligned with the Environmental Enforcement Act.

The amendments to the Fisheries Act would also provide for greater transparency in decision-making. Under the existing law the Minister of Fisheries and Oceans does not have to take any specific factors into consideration when he is making decisions. In the new Fisheries Act, factors that the minister would need to take into account when making certain decisions and exercising certain powers would add clarity and transparency to decisions. The minister would have to show that he has considered key factors before he can make regulatory decisions related to, for example, the new prohibition, regulations and authorizations. The minister would also need to consider these factors when he is exercising powers related to fish passage, exclusions and authorizations and designating ecologically significant areas, just to name a few. They are listed in the act, and I encourage my colleagues to go and look at them in more detail.

In addition, the minister would prepare and present to Parliament a report on the administration of agreements and equivalency, if any agreements are entered into with the provinces, and enforcement of the provisions relating to fisheries protection and pollution protection after the end of each fiscal year.

The new act would recognize that this is where protection is needed, not in farmers' fields, not in irrigation ditches, not where there are no fisheries; it would recognize that we cannot do this alone and allow us to effectively partner with the provinces and territories, aboriginal groups, conservation organizations and other stakeholders for the protection of Canada's fisheries.

Now I will get back to those questions. Is there a problem? I think there is, and I think many Canadians do as well.

Does this legislation address these problems in an effective way? I think it does. It is not perfect; no legislation is, but it goes a long way to addressing these problems. We are going to have sustainability and productivity of commercial, recreational and aboriginal fisheries for future generations of Canadians, and that is what we need.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the cuts to the Canadian Food Inspection Agency are particularly unusual in that there is one portion of the budget, as opposed to being in Bill C-38, where funds will be provided to a number of agencies to deal with the results of Weatherill report, which dealt with listeriosis at the Maple Leaf plant, whereas the Canadian Food Inspection Agency bears the whole brunt of a $50 million cut. At the same time, the budget says that we will take food labels off some food products and tell consumers that they can look on the Internet for information. Coincidentally, the Conservatives are also cutting access to the Internet, the CAP sites in rural areas.

As one mom speaking to another mom, could the member tell me what consumers or moms are supposed to do when the information they might want can be found on the Internet but not on the product?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:50 p.m.
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NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, I rise in the House this evening to speak to Bill C-38, this massive bill that I would like to put into the recycle bin, but cannot. That is why I am here. I am representing the people of Berthier—Maskinongé.

The 2012 budget contains reckless cuts to services including the old-age security program, health care, transfers to the provinces and environmental assessments.

Bill C-38 is the budget implementation bill, but this bill is unlike any other. This 425-page document includes not only the measures described in the budget, but also some changes that were not previously announced to the public. What a surprise. As a result, there is less transparency and more secrecy surrounding the government. That is just great.

This aspect worries me quite a bit. As elected members, we have a duty to defend the interests of our constituents. Beyond partisanship are the voters. That is why we are here. Those voters put their trust in us and we must be as transparent as possible. I am not seeing that across the way. With this bill the government is not being transparent with the public.

This bill is even preventing us, my colleagues and me, from doing our jobs. How can we study such a document in detail in such a short amount of time? The very essence of Parliament is being undermined because MPs are prevented from being well-informed about the content of the bill and its repercussions.

I am very worried and so are the people in my riding. They are worried about their jobs and, as I speak, I still have not received a clear answer from this government about the future of the Shawinigan tax centre. They are worried about their jobs. They are worried about the environment.

Every day, I receive letters from people who are worried about the government's cuts and the 2012 budget. These people feel that they have been taken hostage by the government and they are looking for a way to have their voices heard.

I thought I would share with you a letter from one of my constituents who wrote to me about the environment and said:

Ms. Brosseau,

I am writing to express my indignation and shame about the cuts the Conservative government is making to Fisheries and Oceans Canada, Environment Canada and Parks Canada.

Through these cuts and Bill C-38, the Conservative government is destroying the entire environmental protection structure, created over a number of years, to benefit the polluting and destructive industries.

Need I remind you that the environment and human health are closely linked? By cutting environmental protection measures, this government is endangering the public, and particularly the least fortunate who are usually more exposed to environmental stressors.

Need I also remind you that a number of economic sectors depend on a healthy environment? For example, by removing some fish habitats from the Fisheries Act, this government is showing its blatant lack of knowledge of environmental dynamics. Contamination knows no borders, and it can cause irreparable damage to the fragile balances within ecosystems.

Ms. Brosseau, can you remind this government that it serves Canadians and not the other way around? Can you also remind the government that it must not compromise the ability of future generations to meet their needs, and that it must especially not compromise the health of current citizens.

Charles de Grandpré

The public is concerned and informed. These people see what the government is trying to do with this Trojan Horse bill.

I am here to share their concerns. These people have a right to be heard.

I think the government should listen to them.

Canadians are worried about creating high-quality jobs, protecting our environment and improving retirement security.

What is this government doing? It is driving up the unemployment rate. The Parliamentary Budget Officer estimates that this budget will result in the loss of 43,000 jobs in Canada. The government is withdrawing Canada from the Kyoto protocol and weakening environmental protection regulations, while attacking environmental protection groups. By withdrawing from Kyoto, the Conservatives are making Canada the laughingstock of the world. The Conservatives are slashing old age security, despite the fact that the Parliamentary Budget Officer has confirmed that the old age security system is viable. Yet the Conservatives still want to balance their budget at the expense of our seniors.

I would now like to quote some of my constituents who have written to me recently about the budget. “Bill C-38 worries us and we oppose the idea behind this bill, especially when it comes to EI reforms.” Another citizen said, “Dignity has no age or social status.” Another wrote the following, “Yes, old age security at age 67 is discouraging, and employment insurance requires far too many hours to qualify.” Lastly, another person said, “I worked my entire life, and now, at age 65, I am starving and very sick.”

These are just a few of the comments that I received. They clearly show that people are concerned, and not just in my riding.

In closing, I would like to talk about the changes to the Canadian Food Inspection Agency. Several parts of the agency are about to be privatized. These cuts to food inspection are a step backward, since we know that the listeriosis crisis in 2008 was caused by a lack of inspectors.

I would like to read a quote by Bob Kingston, president of the union that represents Canadian food inspectors. On April 24, 2012, he said:

These cuts and changes were planned behind closed doors and without the benefit of public input or the perspective of those who work on the front lines.

[...]

We will be doing all we can to make sure politicians and the public understand the impact of these cuts and hopefully the government will live up to its promise that food safety will not be compromised.

Bill C-38 also amends the Seeds Act to give the president of the CFIA the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops. This is found in division 26 of part 4. This amendment opens the door to having private companies do food inspection related work. This also sends worrisome signals about the growing likelihood of privatization of some parts of the Canadian Food Inspection Agency.

These changes scare me and I know that I am not the only one who feels this way.

How can the government make $56.1 million in cuts to the Canadian Food Inspection Agency and still assure Canadians that they will be safe?

Canadians need transparency. People are not going to have confidence in this government if it quietly passes measures that will have a significant impact on the entire population. Why do the Conservatives want to pass this bill, which contains so many cuts, so quickly? Who stands to gain from them? The people in my riding? Canadians? I do not know. These are questions that I am asking myself as a member of Parliament, a citizen and a mother.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:35 p.m.
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Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, I rise today to speak in favour of Bill C-38, jobs, growth and long-term prosperity act and against the NDP and opposition attempts to delay it with their multiple amendments to defeat it. While the NDP and Liberals want to engage in partisan games to delay Bill C-38, I know as an eastern Canadian the importance of economic action plan 2012 and its commitment to responsible resource development.

I am proud of the work that has been done by our Conservative government to better and more effectively contribute to our economic growth and job creation in a sustainable, responsible way now and for future generations.

In today's economy, it is paramount to ensure that Canada's great natural resources, including the fisheries, be proactively managed to ensure that we are globally competitive and that we remain competitive for years to come. I would like to focus on the fisheries modernizations contained in the bill and dispel some of the concerns raised by the opposition to delay today's act. It is time to bring Canada's fisheries protection into the 21st century. We are proposing changes to the Fisheries Act that would enable us to make real tangible strides toward managing threats to Canada's recreational, commercial and aboriginal fisheries for the benefit of all Canadians.

The changes to the Fisheries Act would protect the productivity of Canada's fisheries while providing much needed clarity to Canadians by, first, focusing the government's protection efforts on commercial, recreational and aboriginal fisheries; second, drawing a distinction between the vital waterways that support Canada's fisheries and unproductive bodies of water; and third, identifying and managing real threats to the fisheries, including direct impacts to fish habitat destruction and aquatic invasive species.

Many have welcomed these amendments to the Fisheries Act and our larger commitment to responsible resource development. In my own riding of Cumberland—Colchester—Musquodoboit Valley, the mayor of Colchester recently wrote me supporting the changes we are making to this act so that they can better support different development projects within the riding, such as main culverts, road creation and managing the fisheries resources within that municipality. They are strong supporters of this legislation.

I would like to take the time to address the positive changes in today's act related to the Fisheries Act in more detail.

First, the proposed changes to the Fisheries Act include a suite of tools that would help protect Canada's fisheries. However, like all great ideas, the opposition has chosen to ignore these. These include the establishment of ecologically sensitive areas, such as critical spawning habitat for salmon and other species. If any activities are proposed within these areas, proponents would be required to submit plans for review. The minister could then specify the protection requirements for these areas.

Other tools to protect fisheries include enhanced compliance and enforcement tools such as enforceable conditions of authorizations, the obligation for proponents to notify government officials in the event of serious harm to fisheries and significant penalties that are aligned with the Environmental Enforcement Act.

With respect to the word “habitat”, there is a new prohibition in the legislation which states that it is prohibited for any person to undertake works, undertakings, or activities that result in serious harm to fish that are part of the commercial, recreational or aboriginal fisheries or to fish that support these fisheries. “Serious harm” would be defined as the “death of fish or any permanent alteration to or destruction of fish habitat”.

Our government recognizes that healthy and productive fish habitat is essential in order to sustain fish that contribute to or are a part of a commercial, recreational or aboriginal fishery. We are serious about focusing our resources on managing the threats to these important fisheries which includes fish habitat.

Protecting commercial, recreational and aboriginal fisheries requires protecting their habitat over a large geographic scale. Our focus is to manage threats to commercial, recreational and aboriginal fisheries to ensure that they are available for future generations of Canadians, looking at today and years down the road, something the opposition's “living for today” mindset is unfamiliar with.

It is also important to note that the prohibition also refers to protecting the fish that support these fisheries so that many other fish species would remain protected.

Conservation groups have also indicated that we are currently using our resources ineffectively and that there are better ways to protect important wetlands, rivers, lakes and oceans.

The message we received from them was that the laws are indiscriminate and mean that all bodies of water, whether fish live there or not, are subject to the same rules and evaluation, regardless of size, environment or contribution to a fishery.

The proposed changes to the Fisheries Act address these issues by focusing our efforts on fisheries of commercial, recreational and aboriginal importance. Over the course of the next few months, we will be engaging key partners and stakeholders to develop the regulatory and policy framework to support the new and focused direction set out by these proposed changes to the Fisheries Act.

Through these changes, Fisheries and Oceans Canada would be better able to focus on its core mandate of protecting Canada's commercial, recreation and aboriginal fisheries, and also would ensure their sustainability and ongoing productivity. We would also reduce duplication and overlap.

We want to move the federal government out of the business of reviewing every activity in every body of water, regardless of the impact, to focusing on activities that pose a significant threat to the sustainability and productivity of the commercial, recreation or aboriginal fisheries. We want to adopt a common sense approach to managing real and significant threats to fisheries and the habitat that supports them, while minimizing the restrictions on routine and everyday activities that have little or no impact on the productivity of Canada's fisheries.

However, we cannot do this alone. The Fisheries Act amendments would allow us to effectively partner with the provinces and territories, aboriginal groups, conservation organizations and other stakeholders for the protection of Canada's fisheries. Under the revised Fisheries Act, the government would be able to enter into productive partnerships with provinces, industry and conservation groups to enable them to use their expertise to protect, monitor and conserve Canada's fisheries. This would allow the federal government to maximize its ability to collaborate with agencies and organizations that care about protecting the fisheries.

The new act would give the minister the authority to declare that if a provincial regulation made under the Fisheries Act met or exceeded the federal government standards, only the provincial regulations would apply where provinces have significant protection standards already in place. The federal government would not need to intervene in these situations.

Unlike the NDP and the Liberals, our government supports economic development in this country, while also ensuring the sustainability and ongoing productivity of commercial, recreational and aboriginal fisheries for future generations of Canadians.

The proposed changes in the Fisheries Act would help us achieve that goal. We ask the opposition members to get behind the bill and support it.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:20 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, Bill C-38 is so huge that the media have called it a mammoth bill. For those who may never have seen one, because you cannot just go to a zoo and see a mammoth, elephants are descended from mammoths, but mammoths are larger. So when the media called this a mammoth bill, the analogy was clear. As my former colleague from Montcalm would say, this is a thick document.

To further educate everyone, I should explain that mammoths have disappeared. We would like Bill C-38 to do the same. Unfortunately, we are stuck with this bill because the government has a majority. But this is not the first time the Conservative government has handed us a poison pill in one of its implementation bills. It did that even when it had a minority.

We all remember the crisis that erupted when the government made the not-so-subtle decision to eliminate funding for political parties in an implementation bill, thinking that the measure would slip through unnoticed. It also decided to start messing around with pay equity and remove the right to strike from certain officers and public servants. That did not happen because the majority, which was the opposition, decided that it was ready to topple the government and trigger an election.

Refusing to back down, and playing cheap partisan politics, the Conservative government decided to prorogue Parliament to prevent an election. That is how it operates. That is how it does business. When things are not going its way, it behaves utterly undemocratically. That is what it did once. Other times, it decided to trigger elections even though the House had passed a law to set fixed election dates.

A whole bunch of measures were included in this bill. The Conservatives are taking advantage of their majority, since they know they can pass the bill despite challenges by the opposition and the public. The government wants to muzzle not only the opposition, but also all organizations and all individuals who might be affected by Bill C-38. The government put things in this bill that were not previously announced. I heard some other members earlier giving a list of these things. For instance, Bill C-38 includes a complete overhaul of employment insurance.

Everyone was surprised, because never, ever—not in the election campaign or since coming to power in 2006—had the government even suggested that it would make any such changes that would penalize the regions in particular. I know that Quebec and the Atlantic provinces will be especially hard hit by this reform. Many seasonal workers back home will of course suffer as a result of this new reform, which this government should have presented in a separate bill.

That is also what the government should have done for many other measures that were included in this bill without any forewarning. Another example is adding two years to the retirement age for seniors. I heard a Conservative member rhyming off a bunch of quotations. Well, I have some quotations of my own, including one from the Fédération de l'Âge d'Or du Québec, which said that this government is behaving like a dictator and abandoning seniors with this decision to increase the retirement age in Bill C-38. I quote:

Not only is there a complete lack of measures to improve the quality of life of seniors, but the government is restructuring programs in a way that will jeopardize the future for generations of seniors to come.

That is what we heard in response to this change, which the Conservatives also had not announced during the election campaign. They also want to change the Bank Act. We have heard about this. The Bloc Québécois has raised this issue here in the House. We are not the only ones. This also caused a stir in Quebec City, when the finance minister unilaterally decided to disregard Quebec's Consumer Protection Act, saying that banks fall under federal jurisdiction.

However, he forgot to mention that contracts fall under Quebec's jurisdiction, as does the province's Consumer Protection Act. That is simply telling the banks that they can now do whatever they want in the province and there is no longer any legislation that applies. The Quebec justice minister, Mr. Fournier, even wrote a letter to the Minister of Finance of Canada, in which he said:

...we wish to inform you of our concerns with respect to your proposal. The federal Parliament cannot decide in a peremptory manner that provincial laws do not apply to a given sector.

The rejection of Mr. Fournier's arguments will undoubtedly make him want to push a little harder for a sovereign Quebec, given that he himself said that he no longer saw himself as part of today's Canada as a result of the Conservative government's decisions.

We do not want to achieve our own country in this way, because we want to build a country with honour and enthusiasm, as someone already said, and not because the government knocks us on the head. Nevertheless, more and more people are thinking about it because this government is sweeping away all Quebec's values.

The same principle applies to food inspection. The budget implementation bill contains changes to food inspection. This government does not seem to have learned any lessons from the listeriosis crisis. I was a member of the agriculture sub-committee established to identify the problems that unfortunately caused the death of 22 people at the time. Even today, the government is knowingly playing with people's health and safety, which defies all logic.

What the government wants to do is limit debate as much as possible; all these time allocations have made that clear. It is the same for Bill C-38.

Although the general public has been warned by the opposition parties in the House, it does not change the fact that we are continuing to discover many new measures in this document, which is over 400 pages long. These measures are going to affect the public, perhaps not right away in some cases, but certainly within a short enough period that the government will hear a lot about it during the next election.

Although the government did not want to talk about the measures it was going to insidiously add to Bill C-38, I am certain that it is going to get an earful about them from Canadians between now and 2015, when the next election is held. Some aspects of this bill are completely unacceptable, particularly those that affect the environment.

For instance, we know that division 1 of part 3 enacts a whole new piece of legislation on environmental protection, whose purpose is to expedite the approval of large projects, particularly those involving oil sands exploitation. The same is true of division 2 of part 3, which amends the National Energy Board Act in order to allow the Governor in Council, or cabinet, to decide whether a certificate should be issued for any large pipeline projects.

What the government wants now is clear: it wants as few environmental assessments as possible in order to fast-track these large projects, which are often harmful to the environment, as much as possible.

These projects can be implemented but things must be done right. An assessment must be conducted using the strictest possible standards. If the project meets those standards, then it can be implemented.

Finally, the government wants to help the large oil companies—as though they need any more help—and the gas companies by approving all their projects as quickly as possible.

This example pertains to the environment. I do not need to reiterate—it has been said often enough—that this bill puts an end to the Kyoto protocol once and for all. I am wondering what this is doing in a budget implementation bill.

However, we have been asked many times, during questions and comments, what is good about the budget implementation bill.

The government listened to the Bloc Québécois when it asked that the Governor General be required to pay income tax, just like all Canadians and Quebeckers, except the Governor General's salary was doubled by the Conservative government. That is rather ironic.

I have not done the exact calculations. It is not easy, because in addition to his salary, he receives other compensation, but at the end of the day, he will earn more money after being taxed than if we had kept things as is. That is rather ironic on the part of the Conservative government. I imagine they gave this gift to the Governor General in celebration of the Queen's jubilee.

Nevertheless, it is a symbolic gain: The Governor General of Canada will finally pay taxes.

It is no surprise that for these reasons, the Bloc Québécois will vote against Bill C-38. We will obviously be here tomorrow to try to make this government listen to reason, to make it pass certain amendments that would shorten this mammoth bill a bit. Nevertheless, what will remain is a massive, unacceptable bill.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the member for Ottawa South's speech was very comprehensive and important.

I am unhappy with the fact that this bill is continually described as though it will do great things for jobs and the economy, while we have failed as parliamentarians to examine the ways in which Bill C-38 is a threat to jobs and our economy.

I am taken by the fact that many Conservative members have spoken tonight about the importance of competitiveness, research and development, and innovation, yet all the best studies in the world on competitiveness—I mentioned, for example, Michael Porter at Harvard University—have said that when the rigour of environmental regulations is reduced, the result is less competitiveness and fewer innovations.

This is the one area where Canada is really lagging, R and D and innovation. Would my hon. friend comment on whether he agrees with me that this so-called budget implementation bill will actually undermine Canada's competitiveness and reduce our ability to come up with the research and innovation to stay ahead?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 9:35 p.m.
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Conservative

Devinder Shory Conservative Calgary Northeast, AB

Mr. Speaker, I am pleased to have the opportunity to rise in the House today in support of Bill C-38 at report stage.

I must begin by expressing disappointment at the opposition's delay tactics which threaten the important measures contained in the bill. Instead of debating the issues that really matter to Canadians opposition members choose to engage in dire prophecies of doom and gloom and temper tantrums similar to ones by toddlers on a supermarket floor. Fortunately, Canadians can see past the opposition's melodrama.

As we heard again and again during the lengthiest consideration of a budget bill in more than 20 years, the legislation before us today focuses on what Canadians want. It would strengthen our economy, promote jobs and growth and ensure Canada's long-term prosperity. It would ensure the sustainability of programs not only for today, but also for future generations to come. For example, the changes to old age security would ensure that these benefits would remain sustainable and would be there when retired Canadians need them. The changes to employment insurance would make it easier for unemployed Canadians to get back to work in a more timely manner. Of course, we are also making changes to ensure balance when it comes to environmental regulations. Canadians want a government that balances the environment with our responsibility to promote jobs, growth and long-term prosperity.

Crucial to a sound economy is law and order. In that regard, our government committed to getting tough with criminals when we were first elected. We have backed up that commitment with concrete actions. We have listened to the needs of victims, police officers and ordinary Canadians, all of whom told us that the time has come to take strong measures to deal with gangs and violent crimes.

We have taken steps to give law enforcement officials the resources and legislation they need to address crime and help ensure that law-abiding citizens are not afraid to walk down the streets. We have strengthened and modernized the Criminal Code. We have introduced measures to make sure that people convicted of a serious crime are dealt with appropriately.

Bill C-38 contains important measures which would help us do even more, specifically to combat guns, drugs and other contraband goods that often find their way onto our streets and into our school grounds due to smuggling operations by gangs and organized groups. It is those measures that I would like to speak about today.

In some cases these criminals use land ports of entry. In others, our shared waterways with the U.S. often provide a ready-made channel for criminals to smuggle these illegal products into Canada, threatening our homes, our families and our neighbours.

Many of us have heard the stories of high-powered boats skipping across the St. Lawrence or Great Lakes waterways with law enforcement agents in hot pursuit. The good news is that in some cases these criminals are stopped in their tracks, but the bad news is that in many cases they manage to get away. The criminals who smuggle illegal goods across our border with the U.S. can sometimes avoid capture and prosecution in one country by slipping across the international boundary. Law enforcement officials from the U.S. and Canada have to call off the chase at the border due to jurisdictional limitations, which means that illegal and dangerous goods can and do sometimes make their way into the hands of gangs, thugs and dangerous criminals.

Bill C-38 would help put an end to that. It would give law enforcement officials on both sides of the border the tools they need to do their jobs effectively, which is something our government has continued to do here in Canada since we were first elected in 2006.

The legislation before us today contains important measures that would ratify an agreement which our government signed with the U.S. to allow specially trained and designated Canadian and U.S. officers to work together on jointly crewed marine vessels, known as shiprider teams, in order to enforce the law on both sides of the international boundary line.

It spells out how these joint operations would be carried out, while also proposing amendments to the Customs Act, the Criminal Code, the Immigration and Refugee Protection Act and the Royal Canadian Mounted Police Act.

The measures in Bill C-38 stipulate that all shiprider operations would be conducted in a manner respecting the rights and freedoms protected by the Canadian Charter of Rights and Freedoms and domestic privacy protections. They would also be done in a way that respects the domestic sovereignty of both nations and in accordance with the rule of law.

For example, in Canadian waters, operations would be subject to Canadian laws and procedures and conducted under the direction and control of Canadian law enforcement officers. The opposite would apply when ships are operating in U.S. waters.

The bottom line is this: By being able to enforce the law on both sides of the border, Canadian and U.S. law enforcement officers would no longer be faced with jurisdictional challenges associated with cross-border policing that are often exploited with criminal organizations. Shiprider officers would now be able to continue pursuit of criminals trying to evade arrest and prosecution by ducking across the border.

In addition, these operations would allow Canadian and U.S. law enforcement agencies to maximize existing border law enforcement resources. Instead of mirroring operations on either side of the border, this integrated approach would allow resources to be deployed most strategically along the border and leverage enforcement capacity, range and capability.

This is just one way in which Bill C-38 would help reduce cross-border crime while protecting our economy by cracking down on the smuggling of illegal contraband.

Criminals who smuggle illegal guns and drugs across our borders will have to face the consequences of their actions. They will be caught and they will be prosecuted.

In practical terms, we know from direct experience that shiprider is an effective border law enforcement tool. In 2007, operations in the Cornwall-Massena region in the east, and British Columbia-Washington border region in the west netted a large quantity of marijuana, over one million contraband cigarettes, six vessels and a huge amount of cash. However, it is some of the images that really tell the story and I will give a few examples.

Several years ago, the United States Coast Guard took a photo of a smuggler on the Great Lakes gesturing in contempt as he crossed the maritime border. The smuggler knew that the Coast Guard could do nothing to respond as he had managed to make it into Canadian waters with the help of a hand-held GPS. The Coast Guard could only monitor the situation. What a sad story.

Fast forward to 2007, and this time the Coast Guard, working with an RCMP officer aboard a shiprider vessel, set off in pursuit of a speedboat suspected of carrying drugs from the United States to Canada. When the pilot crossed the international boundary, he kept on going, knowing that officers could arrest him on either side of the border. The officers did not catch the boat on the water, but with the assistance of local police, they were able to intercept the perpetrator on shore yielding a haul of marijuana, more than one million cigarettes and a car.

In another instance, a fleeing boat stopped after it had crossed the Canadian border only to be approached by shiprider personnel. While no contraband was found on the vessel, the boat itself tested positive for cocaine residue and was promptly seized.

That same year, local police asked for shiprider assistance in a suspected case of child abduction. Because law enforcement officials on both sides of the border were able to co-operate, the abduction was averted and the child was returned unharmed.

The presence of shiprider operations in the area also helped to displace a considerable amount of smuggling to border ports of entry. The Canada Border Services Agency noted that there was a marked increase in arrests at land-based border crossings as a result of the shiprider program.

Considering all of the examples I gave, I urge my colleagues on the other side to support the bill so that we can implement these important measures.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 9:20 p.m.
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Simcoe—Grey Ontario

Conservative

Kellie Leitch ConservativeParliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour

Mr. Speaker, I am proud to be here to discuss some of the highlights of Bill C-38, the jobs, growth and long-term prosperity act, and to speak against the NDP and other opposition amendments that are focused on delaying the passage of the bill.

As our economic record shows, Canada has performed well in the face of global economic uncertainty. Both the IMF and the OECD forecast that we will have among the strongest economic growth in the G7 over this year and the next.

This resilient performance did not happen by accident. It is the fruit of hard labour, solid economic principles, and consistent implementation of a plan that works: Canada's economic action plan.

Economic action plan 2012 sets out a comprehensive agenda to bolster Canada's fundamental strengths and addresses the important challenges confronting the economy over the long term. Our economy's strength provides an opportunity for our government to take significant actions today that will position Canada for a secure and prosperous future.

So far, Canada has had every reason to be proud of its successes. Since our government introduced the economic action plan in 2009 to respond to the global economic recession, Canada has created nearly 760,000 net new jobs, which is the best record in the G7.

Nevertheless, the global economy remains fragile, especially in Europe, and too many Canadians are still looking for work. That is why, in this uncertain economic climate, our government is staying focused on our low-tax plan for jobs and growth, a plan that is focused and works toward serving Canadians well. To this end, economic action plan 2012 focuses on the drivers of growth and job creation, innovation, investment, education skills and communities.

Through my remarks today, I would like to highlight some of the measures our government is proposing to keep the labour market healthy and prosperous.

My first point today will focus on employment insurance. EI is Canada's single largest labour market program. It provides temporary income replacement to help individuals and their families, as well as training and other labour market supports to help Canadians return to employment.

Bill C-38 makes targeted changes to make EI a more efficient program that promotes job creation, removes disincentives to work, supports unemployed Canadians and quickly connects Canadians to jobs that improve their quality of life and Canada's economy.

To outline these important measures, I will break this down into some details.

Our government is committed to helping Canadians who are looking for work. That is why our government will invest $74 million in a new national EI pilot project to ensure claimants are not discouraged from accepting work while still receiving EI benefits. This new pilot project, the working while on claim pilot project, will cut the current earnings clawback in half, to 50% of earnings, and apply it to all earnings while on claim. This will ensure EI claimants always benefit from accepting work by allowing them to keep more of what they earn while still on employment insurance.

Second, matching workers with available jobs is critical to supporting economic growth and productivity. Economic action plan 2012 will invest $21 million to enhance the content and timeliness of job and labour market information that is provided to Canadians looking for work. Along with providing relevant and timely job information, we will strengthen and clarify what is required of claimants who are receiving regular EI benefits and looking for work.

Third, our government recognizes that Canadians want stable and predictable EI premium rates and a transparent rate-setting mechanism. Our government would ensure predictability and stability in the EI premium rate. Over the next few years, we will limit annual rate increases to 5¢ until the EI operating account is balanced. Once the account has been returned to balance, the EI premium rate will be set annually on a seven year break-even rate to ensure that EI premiums are no higher than needed to pay for the EI program. After the seven year rate is set, annual adjustments to the rate will also be limited to 5¢.

Overall, these changes to employment insurance have been widely welcomed, especially from small business.

Indeed, the Canadian Federation of Independent Business said:

Since the recession, skills and labour shortages have re-emerged as a major concern for Canada’s small business community. We believe the changes to defining suitable employment, based on how frequently EI is claimed, will help to remove disincentives to work and hopefully make it easier for small firms to find the people they need.

Another way we propose to help meet Canadian labour market needs is to solidify our immigration system. Economic action plan 2012 helps set the stage for strengthening our immigration system into one that is targeted, fast and efficient, and can sustain Canada's economic growth and deliver prosperity for the future. Canada needs immigrants who are ready, willing and able to fully integrate into Canada's labour market, particularly when there are essential skills shortages.

Economic action plan 2012 reinforces the government's commitment to move toward a more economically focused immigration system with the following three measures.

First, we will improve the responsiveness of Canada's immigration system by immediately directing our efforts toward addressing modern labour market realities.

Second, we will work with the provinces, territories and stakeholders to support further improvements to foreign credential recognition and to identify the next stages of target occupations beyond 2012. This will help more highly skilled newcomers find work related to their training, allowing them to quickly contribute to Canada's economy.

Third, we will continue to consider additional measures to strengthen and improve the temporary foreign workers program. This will help support our economic recovery and growth by better aligning the program with labour market demands.

Reaction to these changes has been very positive. In the words of the Canadian Construction Association:

The reforms promised by the budget to...immigration will ensure the country is well placed to take advantage of the more than $500 billion in major economic projects expected in Canada over the next ten years.

When it comes to creating a labour market that is strong and efficient, our government continues to take responsible action that meets our changing circumstances. Canadians gave us a strong mandate to stay focused on the economy and that is exactly what we have done and continue to do. We have a record to prove it.

Since July 2009, employment has increased by nearly 760,000 net new jobs, the strongest job growth among G7 countries over the economic recovery. More than 90% of these jobs created since July 2009 have been full-time positions and 80% are in high wage industries and in the private sector. While these are positive signs, Canada cannot rest on its record of success. We need to keep focused on the economy and on creating high quality jobs.

That is why I urge members of the House to pass Bill C-38 without delay because it will help create jobs for Canadians, and that is the right thing to do.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 9:05 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, today, I want to express the opposition of the people of Saint-Bruno—Saint-Hubert to the Conservatives' Trojan Horse bill.

Since the budget and this bill were introduced, I have received dozens, if not hundreds, of messages opposing Bill C-38 and asking me to pass along their messages. I had the opportunity to participate in consultations organized by the official opposition in Ottawa and Regina, where I heard from many groups, including the Canadian Medical Association, the Fédération interprofessionnelle de la santé du Québec, researchers, university professors and citizens, who are opposed to both the form and substance of the bill.

Let us talk about the form of Bill C-38. This bill is supposed to be a budget implementation bill. But it includes a number of reforms that were never mentioned in the latest budget. The government is using the budget implementation as a pretext for implementing its ill-advised reforms, for which it was never elected.

Many of my colleagues have pointed out that increasing the age of eligibility for old age security from 65 to 67 was not proposed to Canadians during the last election campaign. This government even promised not to touch pensions.

When the Minister of Finance said today that old age security and pensions are different, he was getting into semantics. Canadians did not have the opportunity to debate this issue during the election campaign, even though there were discussions between the minister and the Department of Human Resources and Skills Development before the last Parliament was dissolved. As such, this situation is an affront to democracy.

The other problem with this bill is its omnibus form. Including so many reforms that affect the environment and the fisheries and that will have such a great impact on communities without consulting those communities or experts is dangerous. Quickly throwing together an employment insurance reform is also problematic, particularly when the minister cannot name a single person or group that she consulted. These actions all constitute a significant abuse of democracy.

This bill will also affect women. The first thing that comes to mind is that women will be especially affected by the increase in the age of eligibility for old age security. Women depend on this program more than men, and this measure condemns thousands of seniors to a life of poverty.

It is estimated that this measure will triple the poverty rate among female seniors. This bill also amends the Employment Equity Act so that it no longer applies to federal contracts, which will affect a number of groups, including women. I will never understand the logic behind this measure. Do I understand correctly that profit is now more important than equality?

Such reasoning is shameful. We need to put people first. That is what motivates me to question the cuts that will have an impact on food safety. This bill will make a number of changes, including decreasing the number of food inspector positions to the same level as before the listeriosis crisis in 2008. What is more, this bill also amends the Seeds Act to give the president of the Canada Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.

Again, this part of the bill is problematic.

These changes were made without any studies and without any serious consultation. Food inspection and food safety for Canadians should be a sector where public interest comes first.

The statistics and the many witnesses who appeared before the Standing Committee on Health are clear: countless diseases and deaths are linked to food. Sometimes, they result from direct poisoning—salmonella, for example—but it is mostly because of what the food contains.

Bill C-38 also includes changes whereby the nutritional value listed on the labels will no longer be verified. The government is not giving Canadians the tools and ability to make informed choices in terms of health.

Health is another theme of this bill. One of the aspects of the budget that has people talking—and that also shocked the provincial and territorial governments—is the unilateral decision by the federal government to reduce health transfers starting in 2016. The Prime Minister himself had promised, during the leaders debate, not to reduce health transfers below the current 6% level.

After 50 years of public health insurance, our system is facing a number of challenges. Now we have to deal with an epidemic of chronic illnesses and conditions that require follow-up. We have to ensure that our health care system meets the public's needs today.

The government's decision is equivalent to eliminating the deficit at the expense of the provinces and depriving them of $31 billion, according to the Parliamentary Budget Officer.

What is more, this government is being inconsistent. On one hand, it is saying that we have to control health costs. On the other hand, it is refusing to legislate to reduce the level of sodium and trans fats in food and it is cutting food inspection and monitoring. Those are decisions that are going to cost our health care system billions of dollars in the long run.

Let us be serious and let us be consistent. We do not have to penalize the public and the patients in order to reduce health care expenses. Let us work on prevention. Let us regulate the amount of sodium and trans fats in food, in order to make it easier for people to get healthy food. Let us work with the provincial and territorial governments to make home care available and to make prescription drugs accessible for everyone. If we want to control health care costs, we must also ensure that the money is well managed and well spent.

That is why I am surprised that this government has decided that the Auditor General should no longer have the authority to audit the spending of the Canadian Institutes of Health Research. We collectively invest a billion dollars every year in research, through the Canadian Institutes of Health Research. That is a significant amount of money that the Auditor General should look at if he deems it necessary.

Lastly, increasing the age of eligibility for old age security will have consequences for health care. Dr. John Haggie, president of the Canadian Medical Association, said:

We are greatly concerned about the move to raise the age of eligibility for Old Age Security. Many seniors have low incomes and delaying this relatively modest payment by two years is certain to have a negative impact...Gnawing away at Canada’s social safety net will no doubt force hard choices on some of tomorrow’s seniors... the choice between whether to buy groceries or to buy their medicine...People who skip their meds, or lack a nutritious diet or enough heat in their homes, will be sicker. In the end, this will put a greater burden on our health care system.

This is a bad bill. It implements a budget that is bad for the Canadian economy and workers. It is bad for women. It is bad for democracy. It is mediocre for the health of Canadians and for the public health care system.

That is why I am going to vote against this bill. That is why it should have been split and examined more carefully.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 9 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Madam Speaker, I believe Algoma Steel is where it is today as a result of the guy who happens to be our interim leader, whom that party over there loves to attack. In a different time, it was that individual who saved the plant.

I happened to be in Sault Ste. Marie a couple of weeks ago, and there is not satisfaction up there about Bill C-38. They are very concerned about it, and they are concerned about it in their seasonal industries.

However, the point I want to make relates to the member's comments on seniors, where he is absolutely wrong. For people who are 54 years old and saving two cents on a cup of coffee with the GST cuts so they lose their pension of $30,000 over two years, if they are in a low-income group and have to go on provincial welfare, is that doing something for future seniors? I do not think so, and the reason the government is making that—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 9 p.m.
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NDP

Mathieu Ravignat NDP Pontiac, QC

Madam Speaker, in my riding, industries are shutting down and it is very hard for people to find good jobs in the region they grew up in.

Communities are losing their young people, and now there are employment insurance measures in Bill C-38 that will make it even harder for people to stay in their home regions and find seasonal work.

What does the member have to say to those people?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 8:35 p.m.
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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Madam Speaker, the Conservative government introduced Bill C-38, which is supposed to be a budget bill focused on creating good jobs in Canada and which could help both urban centres and rural regions develop economically.

My colleagues and I analyzed this budget and came to the conclusion that the government has failed and that this is a rather pathetic attempt. The changes to employment insurance in this budget appear to be a direct attack on workers. This does not surprise me, because in recent weeks, the Minister of Human Resources and Skills Development called seasonal workers lazy.

In a region like mine, Saguenay—Lac-Saint-Jean, seasonal work is a reality for workers. For those who are not familiar with my region, it is known for its forestry workers. Tourism and agriculture are also important in this region.

These three sectors of economic activity are very important pillars of Canada's economy. Workers have no choice but to apply for employment insurance from Service Canada for a few weeks or months, between seasons and job losses. These people will suffer from the cuts. In light of the fact that we are barely out of an economic recession, the situation is extremely precarious. I would like the unemployment rate to be lower than it is in my region, but the reality is that the rate is rather high. This Conservative budget must help develop the economy.

For example, I did not find anything in this budget bill that would help the Saguenay—Lac-Saint-Jean economy, such as increasing the gas tax transfer to municipalities. There is a large city in my region, Saguenay, but there are also eight smaller cities and small towns with 500 to 6,000 residents each. For small municipalities like these, infrastructure costs call for significant financial resources. Infrastructure needs include waste water treatment systems, paving and even drinking water systems. Unfortunately, the government is more or less leaving small municipalities to their own devices. That is why I am pleased with the NDP's proposal to double the gas tax transfer to municipalities and to index it yearly. This measure shows that, unlike the Conservative government, the NDP really cares about helping small municipalities make progress.

It is important for the federal government to invest in rural infrastructure, but it is just as important to develop the economy. A development project has been proposed for my riding. Even the defeated Conservative candidate supported it. The proposal is to set up a customs office in Bagotville. Because the community does not currently offer that service, it cannot welcome foreign visitors, such as Europeans with a lot of money to spend, directly. Unfortunately, because the community lacks a customs office, it is losing a lot of those people because the process is complicated. Those people have to go through customs in Quebec City or Montreal, and when they are on vacation, they are not interested in driving four hours to get to the Saguenay.

This proposal is sound. The community has submitted its request to the Canada Border Services Agency several times, but unfortunately, it has met with rejection each time. Even the region's MP, the member for Roberval—Lac-Saint-Jean and Minister of Transport, Infrastructure and Communities, has done nothing. He made it clear that the project is not a high priority for him. I find that deplorable because it is, after all, an economic measure that even the Conservative candidate supported during the last election campaign a year ago. Unfortunately, the Conservatives are kind of breaking their promise.

Other measures could help Canadian families and families in Saguenay—Lac-Saint-Jean. For instance, I would like to propose a refundable tax credit for family caregivers. I am a member of the Standing Committee on Health, along with other colleagues of mine in the NDP. We realize that people who need to take care of a family member or loved one and who must take on a new role—and might even have to quit their job to do so—are not receiving a refundable tax credit.

This is the real kicker, because these people are already losing income by quitting their jobs. Since their income has decreased, they often do not pay taxes. On top of the huge sacrifice they are making to take care of their loved one, their income also goes down. Since they no longer pay income tax and the tax credit is not refundable, they cannot access the money that could have helped them get out of poverty. We have a great deal of poverty in Canada, even though it is not always obvious.

If the Conservative government would invest just $700 million to improve the guaranteed income supplement, this would lift 250,000 Canadian seniors out of poverty. We in the NDP care deeply about this. It is very important to us that Canadian seniors get out of poverty, especially since these are the people who dedicated their lives to building their communities. They have made sacrifices in order to build this beautiful country of ours, and the Conservative government is leaving them destitute.

It would be so easy. It would cost $700 million, which is not much for the Government of Canada, to lift seniors out of poverty. Unfortunately, we know where Conservative members' interests lie. All they want to do is lower taxes for large corporations.

In the NDP, we are not against lowering taxes, not at all. However, lowering taxes on businesses has to be done wisely. That is why we are proposing to give a 2% tax cut to small and medium-sized businesses, because they are the ones creating the most new jobs in Canada, more than the corporations are.

I will come back to my region again. Over the past few decades, there have been plant closures and many families in Saguenay-Lac-Saint-Jean have lost their income. What is more, with the forestry industry faltering right now, it is very hard for a region like mine to develop economically.

With a 2% tax credit, small businesses would see their tax rate go from 11% to 9%. That would give some flexibility to the employers who employ people from their communities. This credit might allow them to have higher profits at the end of the year, expand their business and hire more workers.

I think that is quite reasonable. I am pleased that my party is taking this position.

I also want to condemn the fact that, in its budget, this Conservative government is abolishing funding for the National Council of Welfare. It is an independent, federal group that advises the Minister of Human Resources and Skills Development on poverty. Its annual budget is only $1.1 million. That is peanuts for the Government of Canada.

In recent years, the National Council on Welfare has done fantastic studies that have helped both the government, because the studies are submitted to the minister, and non-profit organizations and the provinces, which help people escape poverty.

The government chose not to listen and has eliminated funding for the National Council of Welfare. Unfortunately, this organization is irreplaceable. We will lose a great deal of expertise on the fight against poverty.

I would also like to talk about another item that I did not see in the Conservative budget and that could help the economy. All members know how the Canada summer jobs program helps communities hire young people and gives them summer jobs. It could be that first job that provides the first work experience. It can also give young people experience working in their field in the summer. Unfortunately, the budget has been frozen for several years.

The minimum wage is increasing; the program is becoming increasingly popular; and more and more organizations are submitting applications. However, every year, the program becomes less and less generous. It is really unfortunate because everyone here knows how much it helps our communities. So that is a suggestion that I am making to the Conservative government.

I know that the Conservatives like tax credits. Why not give a refundable tax credit for adult physical fitness.

There is an obesity problem in Canada. I am a member of the Standing Committee on Health, and we talk a lot about prevention. We need to give Canadians a bit of a nudge to help them take charge of their health because, in the end, this is going to cost money.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 8:20 p.m.
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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

Madam Speaker, it is a pleasure to have the chance to join in this debate and rise in support of Bill C-38, the jobs, growth and long-term prosperity act. However, I must express my disappointment that the opposition has chosen delay tactics over responsible governance, threatening the passage of this legislation by obstructing crucial measures to promote jobs and economic growth in Canada.

Our Conservative government has been very clear that jobs and economic growth are our top priorities. It is the same today as when we were first elected in 2006. In fact, nearly 760,000 net new jobs have been created since July 2009, and 90% of them full-time. This is reflected in our most recent budget.

Members should listen to the words of Canadian Chamber of Commerce president, Perrin Beatty, who stated:

We have urged the government to focus on where Canada needs to be five or 10 years from now, even if it means taking tough decisions now. The government has acted.... The result will be a stronger economy and more jobs.

That is what the budget implementation legislation before us today is all about. It is about ensuring that our economy continues to create dependable jobs and a high qualify of life today and for the future.

Several of my hon. colleagues have spoken very eloquently to the legislation as a whole and to the importance of taking responsible action now to sustain our economy while keeping taxes low and returning to balanced budgets. I will spend my time discussing the components of Bill C-38 that pertain to matters of public safety and security, in particular our border with the United States.

In addition to strengthening our economy and building our government's strong track record of job creation, Bill C-38 contains some very important provisions that would further enhance our ability to keep the border safe while also improving the way government operates.

I am very proud to note that this legislation contain a provision that would help us crack down on organized crime groups, gang members and other thugs who often earn a major portion of their illegal income by smuggling contraband goods, such as guns and drugs, or by smuggling illegal migrants across our border with the United States.

The relevant provisions would implement the Canada-United States Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations and, as a key feature of those operations, authorize specially trained and designated Canadian and U.S. law enforcement officers to work together to enforce the law on both sides of our shared border. They would involve specially trained and appointed Canadian and United States law enforcement officers working in integrated teams, transiting back and forth across the border to deal with cross-border criminality, while still respecting the sovereignty of both Canada and the United States.

In layman's terms, the proposed legislation would regularize the practice of allowing law enforcement vessels, jointly crewed by designated U.S. coast guard and Canadian RCMP officers, to enforce the law on both sides of the international boundary line. In Canadian territory, these teams, known as shiprider teams, would enforce Canadian law and, in the U.S. territory, would enforce U.S. law while under the direction and control of a designated officer from the host country. What that means is that organized crime would no longer be able to exploit the border to evade arrest and prosecution. Instead, law enforcement would be able to continue to pursue and arrest criminals regardless of which side of the border they are on. This is good news for everyone.

I should point out that this practice has already been occurring on a pilot basis since 2005 for certain high-profile events, such as the 2006 Super Bowl in Detroit and the 2010 Olympic Winter Games in Vancouver. We know that this shared approach is effective when it comes to cracking down on cross-border crime.

I will take a moment to read some testimony heard by the finance committee during its extensive consideration of Bill C-38 which details the experience of the RCMP during its 2007 piloting of this important program.

With respect to the 2007 pilot projects that were the longer term pilots, two of them were concurrent, one on the west coast and one on the St. Lawrence seaway in the area of Cornwall. Chief superintendent, Joe Oliver, told the members of the finance committee:

The Shiprider teams were involved in a number of interdictions and arrests. They were involved in six direct arrests, and they contributed to 40-some other arrests. They were involved in the seizure of contraband cigarettes and marijuana, the confiscation of proceeds of crime—vessels that were used for cross-border smuggling and modified for those purposes—as well as conveyances on land. They contributed.

[...] In one case, in Cornwall, there was a complaint of a child abduction that was in the border zone and a vessel had been used. The Shiprider team had the operational flexibility to cross back and forth checking marinas along the Canada-U.S. border, on both sides of the border, which then helped them quickly identify where the vessel had landed and helped identify the vehicle, which ultimately led to the safe return of a child. They were seen as contributing to that investigation as well.

These highlight some of the successes that we've seen with the deployment of Shiprider along our shared waterways with our American counterparts.

Those are the kinds of results that Bill C-38 would deliver to Canadians.

When it comes to public safety, the legislation contained in the bill would ensure that law enforcement has the tools it requires to keep Canadian families safe and our borders secure.

I will now speak to an additional measure contained in the bill that would similarly promote economic benefits by protecting the border and cracking down on the smuggling of contraband.

Amendments to the Customs Act would provide urgent legal authority for the border officers currently operating at the Cornwall border crossing to stop incoming traffic. These amendments would authorize the Minister of Public Safety to designate a “mixed traffic corridor” when operations of the custom office are interrupted due to extenuating circumstances and impose new obligations on all travellers using such a corridor to stop and report to border guards.

I must emphasize that this new designation authority is only intended to be used in extenuating circumstances, for example, in case of flooding, fire damage, or other situations that render an existing customs office unusable or inaccessible so that it can be quickly relocated nearby rather than having to be closed altogether. This would ensure the ongoing operation of Cornwall's port of entry and the trade that it supports between Canada and the United States.

Both of the measures I have spoken about today are critical to the safety and security of all Canadians and would ensure that our government delivers on its commitments in a fiscally prudent manner.

I. therefore. urge all hon. members to support the bill and to stand up to the divisive delay tactics the opposition has relied on to defeat this critical piece of legislation that would bring jobs, growth and long-term economic prosperity to all Canadians.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 8:05 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, over the last three decades, high profile events and reports focused the world's attention on the global environment and its needs and the international action necessary to improve the situation: the 1987 World Commission on Environment and Development: Our Common Future report; the Montreal Protocol on Substances that Deplete the Ozone Layer; the 1992 Earth Summit in Rio de Janeiro and its Agenda 21; the 2000 Millennium Summit in New York and its millennium development goals; the 2002 World Summit on Sustainable Development in Johannesburg; and the 2005 Kyoto protocol to reduce greenhouse gas emissions, just to name a few.

Thirty years ago sustainable development was defined as development which met the needs of the present without compromising the ability of future generations to meet their own needs. It was commonly understood that we did not inherit the earth from our ancestors; we borrowed it from our children.

Twenty years ago more than 178 governments signed Agenda 21, which reads:

Humanity stands at a defining moment in history. We are confronted with...the continuing deterioration of the ecosystems on which we depend for our well-being. However, integration of environment and development concerns and greater attention to them will lead to the fulfilment of basic needs, improved living standards for all, better protected and managed ecosystems and a safer, more prosperous future. No nation can achieve this on its own; but together we can - in a global partnership for sustainable development.

With one fell swoop, through Bill C-38, Canada is abandoning sustainable development and returning to the 1950s way of thinking and acting, namely fast tracking development at any cost. Canada is also abandoning its fair share for a global partnership for sustainable development, particularly through walking away from Kyoto.

For 25 years, I fought for an improved environment, consulted to Environment Canada and served on the intergovernmental panel on climate change. Like millions of Canadians, I am devastated by the government abandoning the environment, sustainable development and its international responsibility, muzzling scientists and silencing the voices of its critics.

Last week more than 500 organizations across Canada, for example, the Canadian Association of Physicians for the Environment, David Suzuki Foundation, the Pembina Institute spoke out for democracy and the environment in Canada. The Black Out Speak Out website states, “Our land, water and climate are all threatened by the latest federal budget. Proposed changes will weaken environmental laws and silence the voices of those who seek to defend them. Silence is not an option”.

While the government claims a balanced approach to protecting the environment and promoting economic growth, its actions are in direct opposition. Bill C-38 repeals the Canadian Environmental Assessment Act and the Kyoto Protocol Implementation Act. It weakens several environmental laws, including protection for species at risk in water, and nearly eliminates fish habitat in the Fisheries Act. It gives the federal cabinet authority to overrule the decision by the National Energy Board and eliminates the National Round Table on the Environment and the Economy.

We have environmental legislation to avoid repeating the mistakes of the past. For example, the pea soup sulphur dioxide fog that killed 4,000 people in London, England in 1952; minamata disease that poisoned thousands of Japanese with methyl mercury, beginning in 1956; and the oil slick and debris river that caught fire in Cleveland, Ohio in 1969.

During the subcommittee's review of part 3 of Bill C-38, Ms. Rachel Forbes, staff council, West Coast Environmental Law, said that she did not believe the proposed amendments in the new legislation as currently drafted would accomplish any of the government's four pillars, namely: more predictable and timely reviews; less duplication in reviewing projects; strong environmental protection; and enhanced consultation with aboriginal peoples and may actually hinder them.

The hon. Thomas Siddon has repeatedly voiced concerns regarding Bill C-38 saying, “They are totally watering down and emasculating the Fisheries Act...they are making a Swiss cheese out of [it]. At the subcommittee he reported:

The bottom line...to take your time and do it right. To bundle all of this into a budget bill, with all its other facets, is not becoming of a Conservative government, period.

Mr. Stephen Hazell, senior counsel, Ecovision Law, agreed:

My recommendation is that this subcommittee remove the proposed CEAA 2012 from Bill C-38, and propose to the overall finance committee that it be referred to the House of Commons environment and sustainable development committee for its review

The environment sections of Bill C-38 should be removed, presented as a stand-alone bill and be sent to a legislative committee for clause-by-clause study.

The government should also ensure that any change to existing environmental laws and regulations be made in a manner that respects aboriginal peoples and treaty rights of aboriginal peoples in Canada that are recognized and affirmed in the Constitution.

National Chief Shawn Atleo reported during subcommittee hearings:

To date, first nations have not been engaged or consulted on any of the changes to the environmental and resource development regime proposed within Bill C-38...In its current form, Part 3 of C-38 clearly represents a derogation of established and asserted first nations rights.

The Union of BC Indian Chiefs voiced similar concerns in an open letter:

The federal government’s unilateral and draconian approach to amending the environmental assessment process is not being quietly accepted by First Nations, environmental organizations, or the general Canadian public.

Canadians should know that after a mere 16 hours of study of what the environment commissioner calls some of the most significant policy developments in 30 to 40 years, the subcommittee is left with many questions regarding the legislation. In light of these, the government should, for example, table in the House of Commons: what types of projects will be included or excluded under the proposed changes to CEAA, and specifically, the proportion and types of current assessments that will no longer receive federal oversight; assessments of the environmental assessment process in each province and territory, how the government will define whether or not a provincial process is equivalent to the federal process and how assessment of cumulative impacts will be undertaken; and the projected cost of changes to the CEAA for each province and territory.

Governments worldwide are concerned with making the shift to the green economy, to stimulate growth, create new jobs, eradicate poverty and limit humanity's ecological footprint. One of Canada's reforms must be a shift to the green economy. It is therefore extremely unfortunate that the bill pits the economy against the environment and that the debate is so polarized. Canadians deserve a real discussion.

Going forward, the government should recognize that it does not face a choice between saving our economy and saving our environment, but rather between being a producer and a consumer in the old economy and being a leader in the new economy. It should initiate discussions with provinces, territories, municipalities, labour organizations, industry sectors, first nations and others to develop a green economy strategy for Canada, with goals for 2015, 2020, 2025 and 2030. It should ensure that its development strategy includes skills development, training programs, certification courses and transitional policies for workers and communities.

Finally, the government is waging an unprecedented war on science and on the environment with uncertain consequences for nature and society. As in the baseball adage, “It's the top of the ninth”, the government has been hitting nature hard, but nature always bats last.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 7:45 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Madam Speaker, it is my pleasure to speak tonight to our budget implementation bill, Bill C-38. I have been listening to most of the speakers today, as I have been here on duty. Speakers on our side have been talking about the substance of the bill and different aspects of the bill that are of interest to those individual speakers. On the opposite side, we have heard a lot about process and why members opposite are upset about it, so I am happy to speak about process this evening.

I want to make sure those tuning in at home and those in the House who have not been here for many years understand the actual process of how we get here.

Every year, the finance committee meets and starts a pre-budget consultation. In the fall of the year it goes across the country, meeting with different individuals and groups to get input on what should be in the budget. The Minister of Finance does the same. Our ministers do the same, and I am assuming some opposition members also do some consultation.

Our Minister of Finance has been very gracious in asking for input from all sides of the House on the development of the budget, and this year it was developed and presented in late March. It was a very large budget. It had lots in it. There are lots of changes in the budget, and that is a policy document. The budget is really the policy aspect of where we would like to see the country go, based on the financial aspects put out in the budget, not specifics but policy direction.

Members should know that, under the current law, there is actually no law requiring the government to present a budget at any particular time during the year. Finance ministers in Canadian history have presented a budget in the spring, and we continue that process, but that is not a legal requirement.

If we look at what has happened south of the border in the United States, it has been two or three years since a budget has been presented. They are having a tremendous amount of financial difficulties, as we all know, and part of their problem is that they cannot get their act together in terms of putting their country on the right financial footing from the government's perspective. Having a budget that could pass both Houses is part of the issue.

Here we have a budget that has come forward. It has been passed by this House and by the Senate. The budget we pass, we pass it in principle. From the budget, there are implementation bills. There are actually two, one in the spring, which we are debating tonight, and one in the fall, because it is difficult or almost impossible for the bureaucratic staff to go through every change and policy direction that is in the budget and turn it into actions. That is what an implementation budget is. It is turning what was said in the budget into actual actions, and of course it will require changes to different laws and to different aspects. This budget does exactly the same.

There has been some indication that what happened in the budget, which was passed, all of a sudden is showing up in this implementation bill, coming from nowhere. I want to point out some of the items, and I only have time to do four or five, that were actually in the budget, which this House passed and which are in the implementation bill. Some of it the opposition considers controversial. I do not know how controversial it is when it has been there.

Let us start with a simple one. In Part 2, on the sales and excise tax measures, which changes the GST and HST treatment of some medical devices, assistive devices and medical treatments, we have zeroed them out. Basically we had to pay GST on them before. In the implementation bill, we do not.

If we look at the jobs, growth and prosperity budget, which was passed by the House, and we turn to page 167, it talks about health related tax measures. It talks about the economic action plan 2012, which proposes expanded health-related tax relief under the GST and HST. It is right there in black and white. It is in the budget book. It was passed by this House.

The bureaucrats take what was in the budget and turn it into action, from policy to action in the implementation bill. It is there. We cannot argue that there is something new that we have not seen before that has not been discussed. It is right there.

Let us move on. One area that has been very controversial is what is happening with the natural resources area. In chapter 3 we have responsible resource development from pages 88 to 100 of the budget bill, “Modernizing the Regulatory System for Project Reviews”. That is almost 20 pages on what the policy changes should be to make our system more efficient and effective with respect to regulatory reviews, environmental assessments and improving projects. The issue is not, as we are hearing about, that we are making changes. Those changes are clear, if members read the budget bill, which they got on March 29, which is the day it was presented. We have had it for a couple of months. We know what changes there will be. All this budget implementation bill does is take what was said in the budget, what was passed by the House, and implement it. Of course it requires some changes to legislation. The policy is there and we are implementing that policy.

Here is another small one that I think is important. If we look at Part 4, Division 3, there is a section in the implementation bill about PPP Canada, the public-private partnership program we have. If members look at page 156 of the budget, imagine that, it talks about infrastructure money and that we will work with the municipalities to provide support for infrastructure development in this country. Part of that policy discussion was to enhance the role of the PPP to make that happen, to get the private sector involved with the public sector to make a difference in the infrastructure in this country. It is in the budget.

There are no surprises. The implementation bill did not come out of the blue with something that was not there before. It is on page 156. It is not exactly that, because it is policy. The budget document is policy, which we have to implement. That is what this act does.

We have a really simple one. Part 4, Division 16, talks about the Currency Act, and in the budget, on page 217, it talks about the elimination of the penny and why we are doing it. It is a policy decision. It is in the budget passed by this House and the Senate. In principle, we agreed to it. What do we have to do? We have to implement the change. It is in the implementation bill that is before us on page 217. It comes as no surprise to anyone that we are getting rid of the penny. It is in this bill. There are no changes and no issue with process.

Another piece, which I have heard today, which really surprises me, is about Part 4, Division 17, amending the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act. It is at page 190, and it goes on for a number of pages. There was one speaker on the opposite side who said we were cutting back money to the provinces in terms of the federal transfer for health, which is absolutely inaccurate. If we look in the budget book, we see it talks about what we are doing in terms of the plan we have to extend the 6% all the way to 2016-2017, which inaccurately was portrayed that we were cutting back. In fact, during the election we promised one year less, I believe, maybe even two years less that we would extend that 6% and then we would review it. The Minister of Finance stated in his budget book, in his policies, that we were extending that for an additional two years on top of what we had already committed to and that we would have a 3% accelerator after that. Therefore, it was clear that was what we were doing.

Guess what? What is in the implementation portion of this bill is implementing what was in that policy document. There are no surprises. It was there in black and white, supported by the House. It was not supported by every party, do not get me wrong, but it was passed, so if it is passed by the House I think we should implement it. Instead of just passing something and not doing anything about it, we are actually doing something about it.

This implementation bill is big, but so was the budget. The Minister of Finance and the Prime Minister had the leadership foresight to say we need to continue to do things to make it so we do not fall behind, like other countries around the world—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 7:40 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

I hear them laughing, Madam Speaker. I guess that homelessness and housing is a laughing matter for the Conservative members. How outrageous and how insulting that is to the 1.5 million Canadians who are struggling to meet their housing costs. I find it reprehensible that the Conservatives cannot even listen respectfully to a debate that is based on bringing forward the real experience of people who are having difficulties in their local communities.

Whether it is housing, pensions, EI, or even something like the Coast Guard in Vancouver, this budget is disappointing. Recently, I was very happy that two of our members, the member for New Westminster—Coquitlam and the member for St. John's East, came to Vancouver and held a very successful forum regarding the cutting of the Kitsilano Coast Guard station. There is an uproar in our city about why this cut has to take place. There are attacks on environmental organizations. In British Columbia, environmental assessments and proper reviews are really important. People take them very seriously. One only has to look at the hearings that are taking place for the northern gateway pipeline to know that people are very concerned about how our environment would be placed at risk. What would this bill do? In one fell swoop it would completely gut our environmental assessment process, after years of developing it into a legitimate process.

No matter which way we look at this bill, when the Conservatives put out the line that somehow Canadians are going to benefit, really what are they thinking about? Are they so blind to what is actually taking place? They do not have to take our word for it. They can talk to any organization, whether it is the Canadian Association of Retired Persons, the Federation of Canadian Municipalities, or environmental groups. Any organization will point out how this bill would have such a deep impact on people in this country.

I have not even spoken about the process we have gone through, but I will end by saying that besides the substance of the bill, the process has been completely appalling. Imagine a bill that is over 400 pages long. Imagine a bill that would change over 70 pieces of legislation. Imagine a bill that was rushed through one committee and a subcommittee. Even the Senate has five committees studying this bill right now, before the bill has even been sent to the Senate, assuming it is going to pass here after the Conservatives ram it through. Even the Senate has taken more time to consider Bill C-38.

In this place, the Conservative government only has one agenda. The Conservatives do not care about what anybody has to say. They are hell-bent on getting this bill through. It is a crying shame that we are at this point.

More and more Canadians are waking up to this. The Conservatives may laugh today. They may say they do not really care what people think, but I think they have a surprise coming. I think that people who maybe even voted for local Conservative members of Parliament, people who are living on pensions and people who are struggling are very upset about this bill and how it would impact them.

Tonight we are debating this bill. We are going to go to the very end and use all the energy we can to show that the amendments we have brought forward on this bill are a reflection of the opposition that Canadians have to it. We are going to do that as much as we can.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 7:35 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Madam Speaker, it is very interesting to listen to the debate tonight in the House of Commons on Bill C-38 and to hear our Conservative colleagues tell us that Canada is the best of the best as they reel off their speaking points.

I want to begin my remarks tonight on Bill C-38 by pointing out what needs to be said, which is that the real threat of the budget bill is how it would contribute to income inequality in this country.

There is no question that over the last two decades we have seen a widening gap between wealth and poverty in this country. It is mainly because of public policies that we have seen a drain on things like affordable housing, eligibility for employment insurance, high day care costs and the cost of education. When we look at the record of the Conservative government, it is a terrible record of the growing inequality in this country.

What I find offensive about the bill is that it is completely out of balance. On the one hand, it does nothing to redress things like corporate tax cuts. The government has now given I think it is more than $60 billion to corporations that were profitable and actually did not need a break. On the other hand, the government has been cutting away at the bare essentials that Canadians need.

In a riding like mine, Vancouver East, we have a very low-income community. People struggle day by day to make ends meet. When we look at the bill, we should ask one simple question: What is in the bill that they could hope for that would improve their quality of life?

When we go through this massive budget bill, into which the government has thrown everything but the kitchen sink, and examine it clause by clause, issue by issue, it is very bad news for low-income and middle-income Canadians. On employment insurance, people cannot even get their phone calls returned, and those who are eligible cannot get on EI simply because the services are not being provided.

I do not fault the front-line workers at Service Canada for that. They are struggling to keep up with the call demand. I fault the Minister of Human Resources and Skills Development and the federal government who have deliberately arranged the services so that they are now so difficult to access it makes it almost impossible to have a query answered or to get onto employment insurance. This is something we hear about in my community office every day as people phone in.

One only has to look at pensions. I recently held a pension forum in my riding of Vancouver East. People are very worried. It is not just the older folks who might be approaching the age for OAS who are worried, but also the younger generation of Canadians who understand that the government will be cutting out their income security in the future. These people do not rely on RRSPs. They do not rely on the pooled registered pension plan that we have debated in this House. These people have paid into the Canada pension plan and need old age security. These are the people who will be hurt.

One of things that I find to be the most offensive in this budget is that it does absolutely nothing to address one of the fundamental crises we face in this country, which is the lack of affordable housing.

In metro Vancouver, which is the whole of the Lower Mainland, there is an organization called the Rental Housing Supply Coalition. The coalition includes renters, co-ops, social housing, rental apartment owners and managers, building owners and managers, as well as metro Vancouver officials. It is a very unusual coalition of people who do not often work together, but they have come together because they are so concerned about what is going on in metro Vancouver. There are approximately 31,000 households, which represent probably close to 100,000 people, spending so much on rent that they are just one cheque away from homelessness.

Unfortunately, we know about homelessness in our city, but this crisis is affecting working people now. It is affecting people who will never be able to afford a home. They are struggling to find an affordable place to live and are spending 40% to 60% of their income on rent.

Recently, the City of Vancouver issued a report which shows that homelessness has doubled in the last year. This is a city council that has put enormous energy, effort and investment into dealing with homelessness in our city. What has it received from the federal government? Zip, zero.

I feel angry that this budget which has been touted by the Conservative government is widening the gap and leaving so many people behind.

I will give another example in housing. There are over 600,000 households in Canada that are assisted under federal housing programs. There is a long record of social housing and co-op housing in this country. However, we are facing another crisis in that many of the long-term operating agreements are going to expire. We know that the number of assisted households has dropped by about 22,000 since 2007 and it is predicted that another 63,000 households will be affected by 2015. I have to point out that this is existing, stable, affordable social housing that we are at risk of losing because the Conservative government has been completely blind to organizations like the Federation of Canadian Municipalities, the big-city mayors and housing organizations which have drawn to the Conservatives' attention that unless we—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 7:25 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I listened closely to my colleague opposite.

He wants to know what the NDP would have done in the past. In my opinion, the members opposite are completely out of touch with reality.

I listened carefully as he praised Canada. As a Canadian, I too am very proud of Canada and its international reputation. However, I am skeptical when my colleague talks about modernization and being at the cutting edge of research.

Bill C-38 trims the Auditor General's oversight powers, eliminating mandatory audits of the financial statements of a dozen agencies, including the Canadian Food Inspection Agency, the Canadian Transportation Accident Investigation and Safety Board and the Canadian Institutes of Health Research.

I would like to know what my colleague opposite has to say about these issues.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 7 p.m.
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NDP

Dan Harris NDP Scarborough Southwest, ON

Mr. Speaker, we on this side think there is still a lot of work to do in order to make certain parts of our economy sustainable for the environment.

I wish I could rise tonight in this House and speak to a budget bill that was good for Canada and for Canadians. Sadly, I cannot. Instead, I rise to talk about the work of a Conservative government that hid its agenda from Canadians in the last federal election, that is about to pass legislation that would be harmful to Canadians and to our great country both at home and abroad. I rise to talk about a government that is again in contempt of Parliament and, as such, is demonstrating contempt for Canadians and their families.

Over the past few weeks, parliamentarians have been invited to look into this 420-page-plus brick of a so-called budget bill. However, this is not a budget bill. It is really a bill designed to implement many provisions of the Conservatives' hidden agenda, an agenda largely kept secret from the Canadian people during that last election. This bill is about sneaking in major changes to legislation that governs the fabric of Canadian society. In reality, it is a Trojan Horse waiting to get past the walls before unleashing havoc. Once passed, this bill would set changes which Canadians at this time can only guess about.

Bill C-38 has all sorts of provisions that would have an impact on everything from old age security, food inspection and health care transfers right on through to immigration. Of course, one-third of this Trojan Horse bill includes significant proposed changes to environmental protection regulations. This bill would dismantle the measures that were put in place to protect our environment and tackle climate change. They are changes that, rather than bringing us stronger protections, would try to turn back the clock and cancel international accountability measures on climate change. This bill would also repeal the current Canadian Environmental Assessment Act and, as a result, would allow the Conservatives to considerably weaken the assessment system. We would likely see federal environmental assessments plummet from roughly 6,000 a year to only a few dozen. I say quite categorically that the overhaul of the Canadian Environmental Assessment Act does not belong in a budget bill. Under the guise of cutting red tape, the Conservatives would repeal the Canadian Environmental Assessment Act that Canadians have known for generations and replace it with a polluter-friendly Canadian environmental assessment act, circa 2012.

The official opposition contends that this proposed legislative change did not belong in the finance committee, that the environment committee is where the debate and study belonged, and that the committee should have been given the appropriate time to study the changes. This is political expediency at its worst.

Bill C-38 also sets out proposed time limits for the completion of reviews. The minister, and not anyone else, would have the power to shut down a review panel if he or she thought it would it not finish on time. Of course, we all know there is not a one-size-fits-all kind of box. Different environmental assessments require different periods of time. Some, because of unforeseen circumstances, might need to be lengthened. The Conservative government would slap a time limit on an assessment and if did not meet that, then too bad. The minister would have the power to change things and to cancel an assessment. Proper assessment is key to ensuring the benefit to and protection of Canadians. That type of decision needs due diligence supplied by comprehensive reviews by experts, not by a minister and also not through five-minute rounds of questions in the finance committee. However, this is just one example of the profound changes that this bill would make.

Many of the proposed changes in this brick of a budget bill have nothing to do with budget implementation. It is over 400 pages long, would amend 60 different pieces of legislation, rescinding half a dozen and adding three more. Again, I add that these proposed changes would be made with almost no input from Parliament or from Canadians. The disrespect for democracy is shameful.

The short title of this bill, the jobs, growth and long-term prosperity act, does not in any way reflect its content. It reminds me of the kind of doublespeak that was prevalent during the time of the Mike Harris government in Ontario, with bills like the poison pill Tenant Protection Act which stripped tenants of protections like rent control. However, I cannot say I am completely surprised. That government was fond of omnibus bills. The Minister of Finance, Minister of Foreign Affairs and President of the Treasury Board in the current government were also all part of those dark days.

I think the Speaker of the day said it best when he called it an “ominous bill”, and that is what we have here. Much of this ominous Trojan Horse bill has nothing to do with the budget. This budget is about austerity for austerity's sake and the Conservative's hidden agenda.

The Parliamentary Budget Officer has confirmed that public sector job cuts would be in the order of almost 27,000 over the next three years. In addition, about 6,000 contract positions would also be cut. The government refused to detail where many of these cuts would be made, but many of the services and programs that Canadians rely upon would be diminished or eliminated. In fact, the refusal of the government to provide information about the actual number of public sector jobs it is about to axe, information it has but will not share with Parliament, is the very basis for our charge of contempt of Parliament currently being considered by the Speaker.

Make no mistake, the current Conservative government has no respect for Parliament. We have seen that very clearly over the past year now that the Conservatives have their majority based on the support of 39% of the population. They believe that gives them carte blanche to do whatever they want without oversight and without answering to Parliament or to the Canadian people.

I think the polls very clearly illustrate that Canadians are indeed watching. More and more of them are not liking what they see. I know that people in my riding are watching and I have been hearing from my constituents loud and clear.

From Ms. Cleveland in Scarborough, “I'm angered but not surprised with the PC budget. When they stopped using 'Progressive' in their name, they should have change it to the Regressive Conservatives. Stephen Harper promised jobs growth but delivered reckless cuts. There is nothing on jobs, nothing on inequality and nothing to strengthen our front-line health services....Also, the fact that he is using billions of dollars for military jets and warships but slashes funding for environmental issues which affect Canadians in every way, we are supposed to be a peacekeeping nation but he is slowly pushing us to become a fighting nation like the States. Of course, the big question surrounding Mr. Harper--” My apologies.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 6:45 p.m.
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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Marquette, MB

Mr. Speaker, I welcome the opportunity to highlight some key measures in Bill C-38, our government's plan to keep this country on a course toward long-term growth and prosperity. Bill C-38 would unleash the potential of Canadian business and entrepreneurs to innovate and thrive in the modern economy.

However, unlike members opposite, our Conservative government recognizes that Canada's resource sector is an asset that will bring greater prosperity to all Canadians and not a point of division.

In fact, I represent a rural natural resource constituency and I am very proud to do so. I have farmers, ranchers, loggers, tourist operators and a burgeoning energy industry in my constituency. My constituency also happens to be the number one producer of canola in the country, which is something else I am very proud of. The people in my constituency and in my communities live with natural resources harvesting and natural resources conservation every day.

I would make the point that, in terms of the Fisheries Act, the amendments we are making are strongly supported by rural municipalities in my constituency and right across the country. Many of my municipalities have very small budgets. They are not very wealthy. The draconian enforcement of the old, ineffective Fisheries Act put an incredible strain on local ratepayers, with zero environmental gain. Therefore, the changes that we are making to the Fisheries Act are welcomed by rural communities across the country.

It is for that reason that I am so disappointed that the opposition has chosen to proceed with these costly delay tactics.

Major resource development projects create jobs and spur development across the country. In 2011 alone, the natural resources sector employed an incredible 790,000 workers in communities right across the country. It is predicted that in the next 10 years more than 500 major projects, representing $500 billion in new investments, are planned across the country. An increasing global demand, especially from emerging markets, bodes very well for Canada. We will reap even greater benefits from our natural resources by encouraging greater private sector investment.

However, currently, Canadian businesses in the natural resources sector that wish to undertake major economic development projects must navigate a complex and unwieldy maze of regulatory requirements and processes. The poster child for bad environmental process is the Mackenzie Valley pipeline, a project I have some familiarity with having done some of the early environmental work up there myself back in the 1970s. It was proven decades ago that the Mackenzie Valley pipeline could have been built in a very environmentally sound way.

The process was repeated in the 1990s, completely unnecessarily. Eventually, the project was shelved due to low natural gas prices.

The 34 years of environmental processes resulted in no project and dozens of aboriginal communities in the Mackenzie Valley impoverished for the foreseeable future because, with the low natural gas prices these days, I think there is a big question mark over the building of the Mackenzie Valley pipeline.

These approval processes are long and unpredictable and actually contribute very little to environmental improvement. Delays and red tape often plague projects that pose few environmental risks. Thousands of small projects have been caught up in this unwieldy process.

Testifying before the House subcommittee, which engaged in an in-depth study of this legislation, Dave Collyer, president of the Canadian Association of Petroleum Producers, told MPs:

The current regulatory process has often led to project delays and cost escalation, which both defer and reduce the employment and revenue benefits accruing to Canadians from these investments. In some cases, projects have unfortunately been cancelled or deferred for many years without any discernible improvement in environmental performance or outcomes.

The Mackenzie Valley pipeline is a perfect example of what Mr. Collyer was talking about.

By forcing these thousands of low-risk projects to go through the review process, the existing system draws resources away from projects that are very large. This approach is not economically sound or environmentally beneficial.

One of the mistakes my friends opposite make is that they think an environmental process is the same as an environmental outcome. This government is focused on environmental outcomes. On our watch, since 2006, most of Canada's environmental indicators have improved. I would recommend that members opposite actually look at what is going on in the environment before they go on and on at length about environmental processes.

Right now, in the federal government alone, accountability for assessments rests with dozens of departments and agencies, leading to duplication and needlessly wastes resources. The starting point in federal environmental assessments can also be unpredictable, which cause lengthy delays. This leads to delays in investment and job creation and some plans are even abandoned because of this lengthy environmental process.

It is no wonder that the members for Edmonton—Strathcona and Newton—North Delta both cited environmental lawyers. Environmental lawyers get rich under this process and so it is understandable that environmental lawyers would be very upset by what we are doing to make the environmental process more efficient. One less day of an environmental process means one less day of fees for environmental lawyers.

This is why our Conservative government has worked hard since 2006 to streamline and improve the regulatory process. However, much more needs to be done. A modern regulatory system should support progress on economically viable, major economic projects and sustain Canada's reputation as an attractive place to invest while contributing to better environmental outcomes. There is that word “outcomes”, meaning results. That is what this government is focused on.

Today's bill would help modernize the federal regulatory system by establishing clear timelines, reducing duplication and regulatory burdens and focusing resources on large projects. The bill includes a number of initiatives to meet this objective. Our legislation would implement system-wide improvements to achieve the goal of one project, one review in clearly defined time periods. It is not that well-known but a number of years ago, under a Liberal government, the Yukon imposed timelines on environmental assessment reviews and it is working very well.

In addition, we will invest $54 million over two years to support more effective project approvals through the major projects management office initiative. This initiative has helped to transform the approvals process for major natural resource projects by shortening average review timelines from 4 years to just 22 months, with no change in environmental outcomes. Environmental outcomes still continue to improve because that is what happens in western free market democracies. Environmental outcomes always continue to improve as we expend the resources that we have earned through our economic development on better and better environmental technology.

It is through measures like these and our government's efficient, responsible approach that we are supporting responsible resource development, creating jobs while protecting the environment. A significant element of this economic boost is represented by Canada's unique oil sands industry which employs over 130,000 people while generating wealth that benefits all of our citizens.

I had the honour in the winter of 2009-10 to do environmental work myself in the oil sands. What I saw there made me very proud to be a citizen of this country. I saw not only responsible resource development in action, but the incredible skill level of oil sands workers from all across the country who were contributing to this wealth creation juggernaut that benefits everybody.

Over the next 25 years, the Canadian Energy Research Institute estimates that oil sands growth will support, on average, 480,000 jobs per year in Canada and add an incredible $2.3 trillion to our GDP. At the same time, a strong Alberta economy generates significant benefits for Canada as a whole.

As members of the House can see, our government remains committed to making Canada a great place to create and expand businesses and develop our incredible natural resource endowment, from tax relief to the responsible regulatory program we are putting in, to things like the flow-through shares as part of the mineral exploration tax credit. I could go on and on.

In my allotted time today, I have only had an opportunity to touch on a few of the very important measures in the jobs, growth and long-term prosperity act. Given that, I would strongly encourage all members of the House to actually read the legislation and give it the support it deserves.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 6:45 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the hon. member's question is very complex and I will try to give a succinct a response.

The example that the hon. member has raised, though, is a really important one to give us a context for looking at Bill C-38. One of the strongest reasons for maintaining a strong federal Fisheries Act and a strong Canadian Environmental Assessment Act is to ensure that we have full reviews of major projects that may actually impact the environment or human health.

Given the recent incidents that have occurred in this week period, we have had two breaks in pipelines in my province of Alberta, not detected by the pipeline owner or operator, not detected by either federal or provincial officers, but detected by first nations people or by farmers.

We should have a proper review of this critical federal legislation, if we plan to change it, and we should revert to the very thorough robust processes that were in place before the government took the reins of power.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 6:30 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the late Jack Layton was very public in his commitment that the New Democrat official opposition would continue to seek constructive dialogue with the government on the development and reform of federal law and policy. We have been steadfast in our dedication to that commitment. We have persisted in seeking more robust dialogues with Canadians and opportunities for debate among the duly elected members of Parliament.

Sadly, the Conservative government has reneged on its own promises of a more open, transparent and participatory government. Bill C-38 and the process for its passage in one budget bill amending 70 laws is clear evidence of the opposite direction and reneging of those undertakings.

My final remarks today on Bill C-38 will be delivered with great despair, great despair for the expedited undemocratic process for enacting Bill C-38 and changes to 70 laws, despair for the deliberate undermining of more than four decades of collaborative efforts of previous governments to work with ecologists, limnologists, first nations, environmental organizations, fisheries officers, environmental inspectors, justice officials and prosecutors to develop and implement strong federal laws for the protection of the environment, despair that Canada's environmental laws are being shredded at the admission of the Minister of Natural Resources because one Chinese official purportedly queried why Canada's pipeline review process was taking so long and several farmers apparently complaining to the Minister of Fisheries about measures to protect fisheries.

I despair that Canadians were once lauded at international forums for our progressive environmental laws and democratic processes to engage Canadians in their making and application. Bill C-38 has been roundly criticized by highly respected and experienced Canadians, with decades of experience in environmental law, science and governance, including four former fisheries ministers, two former Progressive Conservative ministers, one of whom was a former Speaker.

Canada's foremost scientists have decried the actions of the government to undermine the federal Fisheries Act and the Canadian Environmental Assessment Act, absent any reasonable consultations on credible ways to expedite and coordinate project approvals, while still preventing environmental damage through effective application of these laws.

Bill C-38 is wrong in substance and in its process. I will speak first to the process.

The Canadian Environmental Assessment Act was forged through a series of open, transparent and inclusive consultation processes starting several years before the law was even enacted, a process I was privileged to contribute to over many decades. Provisions of the bill were openly discussed and debated in advance of its enactment, in fact, in advance of it ever being tabled in this place. Parallel discussions were held with a broad array of persons on the regulations that would be promulgated under this yet to be enacted law, a very wise and constructive way of coming forward with legislation. A discussion was held with the public about the umbrella act and consultations were also held directly with scientists, engineers, industry, biologists, limnologists on how the law was to be implemented.

A regulatory advisory committee known as the RAC was established including representatives from industry, environmental groups, farmers and both levels of government. This constructive rule-making process ensured that the laws were practicable and legally and scientifically sound.

Now we have the Conservative government's non-process on bringing forward substantial changes to laws that have withstood time.

The regulatory advisory committee has not met once since the government seized the reins of power. The so-called responsible resource development act was tabled with zero advance consultation. Is this a responsible process? There has been no parallel process to discuss the regulations that will be needed to give substance to this proposed law.

We and regulated industry are left with great legal uncertainty. Members of Parliament are being required to vote on substantial legal reforms to long-standing laws in a complete vacuum. A predictable result will be a highly contested and widely litigated process, which we heard today in a press conference of leading environmental lawyers across the country.

What happened to the open, transparent, participatory government that the Conservatives promised? That promise has been shredded along with a once robust federal environmental regulatory regime. The government has violated its commitments under article 3 of the North American Agreement on Environmental Cooperation, and that requirement is to provide advance notice and opportunity for anyone in Canada to comment on any proposed environmental law or policy.

Let us recall the origin of the Canadian Environmental Assessment Act. In the 1980s and the early 1990s, because of the failure of the federal government to enforce its duties to access impacts of major projects, a number of cases were brought before the courts. Most noteworthy was the celebrated 1992 decision by the Supreme Court of Canada in the Friends of the Oldman River Society case. The court ruled that the powers and therefore responsibilities of the federal government to protect the environment were shared with the provinces, that there was no conflict between the federal and provincial governments and that they both had responsibilities under the Constitution. In coming forward with that finding, the Supreme Court justice cited a once roundly referred to report of the National Task Force on Environment and Economy, a report that I would highly recommend government members read.

Way back then governments were actually bringing together industry and environmentalists in recognizing that we had to have environment and economy together.

One concrete result was the enactment in the 1990s of the fulsome federal environmental assessment regime. The key rationale for the enactment of that law was to provide greater legal certainty through an open, transparent, scientifically-founded, credible project review process. The new regime, which will be brought into effect should Bill C-38 become law, erases that certainty and replaces it with a system rife with political influence and discretion. Federal reviews can be replaced by provincial processes without proof of equivalency or the need to even ensure cumulative impact assessment, the very opposite of a sound, sustainable, credible energy resource regulatory regime which the government keeps promising.

The proposed new environmental assessment regime will substantially reduce the rights of concerned communities to participate in major project review processes. It will also severely limit the potential for reviews at all and on terms which will be politically driven.

The federal Fisheries Act would also be substantially amended through Bill C-38, absent any credible consultation. These reforms to the Fisheries Act would erase the most powerful environmental protection law, the key measure which has triggered the majority of previous major environmental assessments and as a result stronger environmental reviews. The effect, as I have mentioned, would be the diminishment of the unilateral constitutional federal power to protect Canada's fisheries. As was the case with CEAA, where there were consultations over many decades, previous governments had intense consultations.

However, it is not just federal laws that are being undermined. The measures in the bill and the budget would undermine the very foundations of good science that should be the basis of our laws.

In implementing this law, the government is violating its trade agreement with the United States of America and Mexico. The Conservatives committed under NAFTA that they would strengthen the development and enforcement of environmental laws and regulations and strive to continually improve them.

Under the NAFTA investment chapter, it specifies it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. That is exactly what the Conservative government intends to do through Bill C-38, and we can anticipate that the citizens of Canada may incur the cost of actions brought under NAFTA.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 5:45 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I am pleased to rise in the House today in support of Bill C-38 and to explain the necessary changes to the old age security program.

I appreciate as well the opportunity to stand in the House against the NDP and the opposition's tired tactics of delaying, which only serve to threaten Canadian jobs, growth and long-term prosperity.

The changes proposed to the OAS program in Bill C-38 would secure the retirement benefits of future generations, making the program sustainable for the long term.

When these changes were first announced in economic action plan 2012, the Calgary Herald recognized the importance of these measures as part of our government's broader plan to protect Canada's fiscal future, saying:

It's a budget item that seems both responsible fiscally.... The firm-but-reasonable OAS strategy is in fact representative of the budget's overall tone.... Canada has shown great economic strength relative to world powers in Europe and the Americas since the fall of 2008, and continued leadership on that front is important.

The numbers tell us that we have to confront our fiscal and demographic realities to serve the best interests of all Canadians, both now and into the future.

The recent census confirmed that Canada has more seniors than ever before. My riding of Bruce—Grey—Owen Sound has one of the larger concentrations of seniors, and it is going to continue to grow as a retirement area.

The population of Canadian seniors is expected to keep growing in the coming years. By 2030, less than 20 years from now, almost one in four Canadians will be 65 years of age or older, compared to one in seven today. The number of OAS recipients is expected to almost double over the next 20 years, from about 4.9 million in 2011 to 9.3 million by 2030, when the last of the baby boomers reaches 65.

The annual cost of the old age security program is projected to increase from approximately $38 billion in 2011 to over $108 billion in 2030. OAS is the largest single social program of the Government of Canada, and it is 100% funded by tax revenues. Today 13¢ of every federal tax dollar is spent on old age security. If no changes are made, in about 20 years that will grow to 21¢, or one-fifth of all federal tax dollars spent.

At the same time, Canadians are living longer and healthier lives. With the growing number of seniors who will be collecting OAS for longer periods of time, the total cost of benefits will become increasingly difficult to afford for tomorrow's workers and taxpayers.

We cannot stand idly by. We will not stand idly by. We cannot allow the old age security program to continue on its current path. That is why we are taking action: because we want to ensure that future generations have an OAS program they can count on in their older years.

Before I talk about the proposed changes, it is important to clarify that those seniors who currently receive OAS will not lose a cent and will not be affected.

The most important change we are proposing is to increase the eligibility age for the OAS pension and GIS from 65 to 67 by 2029, with a gradual increase starting on April 1, 2023. In essence, it will be phased in over six years.

We are giving advance notification and a long phase-in period to allow Canadians ample time to adapt their retirement income plans and to smooth the transition to the new age of eligibility. We think our phased-in approach is both fair and reasonable.

Two other changes to the OAS are being proposed: proactive enrolment and voluntary deferral.

Starting in 2013, we plan to begin proactive enrolment of OAS benefits to eliminate the need for some eligible seniors to apply for their OAS pension and the GIS. This measure will be implemented over a four-year period and will reduce the application burden on many seniors as well as the government's administrative costs.

On July 1, 2013, we also plan to allow for a voluntary deferral of the OAS pension. This would let people delay receiving their OAS pension by up to five years, up to age 70, in exchange for an enhanced monthly pension, similar to what is happening in CPP.

This new measure will provide people with more flexibility as they plan their transition from work to retirement. Not only will it increase flexibility for older workers, but the option to defer has also been welcomed by small business owners across the country.

Ben Brunnen, chief economist with the Calgary Chamber of Commerce, has been clear that this represents a win for Canadian business by saying:

The OAS changes help remove disincentives and create choice for older workers to stay in the workforce, which can have a big impact on the labour market—especially for a smaller company.

Let me return to the age of eligibility and be absolutely clear about the timeline: current OAS pensioners will not be affected by this change, nor will people who are close to the current OAS age of eligibility. People aged 54 or older as of March 31, 2012—in other words, those born on or before March 31, 1958—would be eligible to apply for the OAS pension and the GIS at the age of 65.

We will ensure that certain federal income support programs that end at age 65 are aligned with changes to the OAS program. This would include programs for veterans and low-income first nation seniors on reserve. This will ensure that individuals receiving benefits from these programs would not face a gap in income at ages 65 and 66.

We will also consider the situation of people between 65 and 67 who receive disability or survivor benefits from the Canada pension plan. These benefits typically stop or are reduced at age 65, when the recipient becomes eligible for old age security. This will be discussed with the ministers of finance of the provinces and territories, who are joint stewards of the CPP, during the next regular review of the program.

Our government has been clear that the proposed changes would not affect the Canada pension plan, as the CPP and OAS are two separate programs. The Chief Actuary has confirmed that CPP is financially sound and fully sustainable for generations to come.

The OAS program cannot continue in its present form. Once again, as we have said, it is becoming unaffordable and needs to reflect demographic realities, and that is why we are changing it now. If we refuse to acknowledge these realities and simply sit back and do nothing, the OAS program would become unsustainable, as it would if the opposition parties had their way.

Conservatives are convinced that the only just and practical way to relieve the cost pressures on OAS is to increase the age of eligibility. As the Government of Canada, it is our obligation to make responsible and prudent decisions for Canadians of all ages over the coming decades. Not only is it our obligation to make responsible and prudent decisions, some of them tough decisions, but we are up to the task. Through our actions, that is exactly what we are doing.

Back when OAS was first put in place, the average age of a male was 67 to 68 years old and the average age of a female was 69 to 71 years old, depending upon which figures one looked at. However, today those ages are 80 and 83. We are living longer, and that is a good thing, but programs like this need to be looked at and changed from time to time.

Many countries in the world have already made these changes or are looking at making these changes. I think it is high time that Canada did the same thing. This policy would put us in good shape for seniors down the road. My sons, when it is their time, will have a healthy OAS there for them.

However, if we do not deal with it, I fear they will be looking at something that is reduced or gone altogether.

I will leave it at that. I look forward to any questions.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 5:30 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Madam Speaker, I was saying that what we are facing here is not simply a budget bill. What we are facing here is a double-sided telephone directory of items and issues that go way beyond the budget. Not only that, but as a parliamentarian, I and many of my colleagues feel that we have been denied the opportunity to debate this so-called telephone directory of a bill, Bill C-38, in any meaningful way.

Members on all sides of the House were elected to come here. We run to be MPs because we believe in parliamentary democracy. The role of government in a parliamentary democracy is to propose, and the role of the opposition is to hold the government accountable, as it is for some of the MPs sitting on the other side, as well. There is nothing stopping them from getting up to ask questions if they need clarification.

In a parliamentary democracy, we do not have a dictatorship, we do not have a republic, we do not have the power to veto. Therefore, it behooves even majority governments to allow the parliamentary process to play out, because only then can the people of Canada have full confidence in the workings of this House.

The Conservatives are not used to having a majority. I have been hoping they would learn that they do not have to use time allocation, that they do not always have to smack the opposition on the side of the head and say that we are not going to be given time to debate. I was hoping that after they had used time allocation a few times it would have occurred to them that they do not have to do that. They have a majority. They could let the debate take place and let the Canadian public see what they are trying to do.

They say they have so much pride in what is in the bill. If they have so much pride in this thick document, they should be willing for us to have those discussions right here in this Parliament.

I heard a colleague say that we have had three months. There has not been three months of debate on this bill in this House. If there has been, it must have happened in a different reality in which only the government lives, because it certainly has not happened on this side of the House.

As a result of, I could call it arrogance or the fumes of power which have invaded certain heads, it absolutely boggles my mind that over and over the Conservatives keep using time allocation. We had a vote earlier today once again to limit the debate on this bill which is thicker than many of our communities' phone books. It is a great concern and we really have to pay attention to that.

Let us take a look at what is buried in the bill. There is a whole lot buried in the bill that will have a huge impact upon the world we leave for our children.

I hear a lot of rhetoric about protecting our environment, but when I see the kinds of attacks in this bill on environmental assessments and environmental protections, it causes me a great deal of concern.

Some will say who cares if I am concerned. I am an elected MP. A riding of constituents voted for me and sent me here in good faith.

However, I am not the only one who is raising concerns. People in the larger community are talking about environment issues.

For example, Jessica Clogg, executive director and senior counsel at West Coast Environmental Law states:

By gutting Canada’s long-standing environmental laws, the budget bill gives big oil and gas companies what they've been asking for--fewer environmental safeguards so they can push through resource megaprojects with little regard to environmental damage. It is Canadians and our children who will pay the cost.

I do not want my children, my grandchildren, my great-grandchildren or myself to have to pay the cost, nor do I want the rest of our youth to have to pay the cost.

Ten minutes goes by very quickly, especially when there is an interruption, but I will move on to another area. The changes to OAS are totally unnecessary, as all kinds have experts have said.

I will focus for a couple of minutes on the changes to immigration. Some people will wonder why changes to immigration are buried in the budget bill. The government is planning to hit the delete button for thousands of skilled workers who have been waiting very patiently to come to Canada. Out of the blue the government arbitrarily decided that anybody who applied for the skilled workers program before 2008 is gone. It will hit the delete button and their applications will no longer be valid. I know the government is saying that it will send the processing fee back to them, but the government made a commitment. These people played by the rules made by the Canadian government. Not only did they play by the rules, but they waited patiently. They did not do anything illegal to try to circumvent the system. As they were waiting patiently, they saw a new face of Canada that the Conservative government is showing to the world, that is, that Canada lacks compassion and has no respect for people who play by the rules.

The government will give them their money back, but who will give them back their hopes and aspirations? Who will give back to the family in China who, based on a promise made to them by the Canadian government because they were in a lineup to come here, sold their property. They gave their child an education so that the child would do better here. Now they cannot afford to buy back their house because the cost of living has gone up so much. I have hundreds of stories like that one.

People are demonstrating against us, against the Canadian government, in Beijing, in Manilla, in New Delhi, in Chandigarh and in Hong Kong. Why? Because we as Canadians broke our promise. What are we going to do to give these people back their hopes, aspirations and dreams? Why is the government determined to damage Canada's reputation worldwide?

[For continuation of proceedings see part B]

[Continuation of proceedings from part A]

The House resumed consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 5:25 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Madam Speaker, I would like to say it is a pleasure to rise and speak today. However, I am rising here today with a great deal of trepidation and concern, concern that my constituents are feeling as well, because I have discussed this matter with them over the last little while.

I just want to hold up Bill C-38 as a lesson aid, and being a teacher, I appreciate lesson aids. This is how thick it is. It is actually thicker than the telephone directory for the town I have spent many years in, Nanaimo, on Vancouver Island.

I want to assure the House that it is double-sided. Not only is it double-sided, but the writing is so tiny that I would need a microscope to read it. Even putting on my reading glasses, I have to struggle and hold it away from me a little.

It shows the density, in more ways than one, of the legislation that is being debated here at report stage before this House. It is not only the density and the number of pages and the number of clauses, but the fact is that this is not a budget bill. This is masquerading. That is what the government has done, masquerading this as the budget bill.

What it has really done in here is put in changes to more than 70-plus laws and regulations that go way beyond, and have very little to do with a budget document.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 5:10 p.m.
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Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Madam Speaker, I am pleased to have the opportunity to take part in the debate on Bill C-38, the jobs, growth and long-term prosperity act, an act that the NDP and the opposition are attempting to delay and defeat.

From the start, let me be clear. The NDP and the opposition parties want to stop today's bill because of their ideological opposition to the natural resources sector and its growth. As a western Canadian and member of Parliament from Saskatchewan, I cannot allow these attacks from the NDP go unchallenged. That is why today I would like to focus on the Conservative government's plan for responsible resource development, a critical part of our economic action plan 2012. It is a forward-looking initiative. It is an initiative that would help ensure that all Canadians would reap the benefits of our wealth of natural resources.

Our government's top priority has always been to support jobs and growth in Canada's economy and we are on the right track with Canada's economic action plan. Indeed, since July 2009, employment has increased by almost 760,000 jobs, the strongest job growth among all of the G7 countries. We all want that job growth to continue and there is no question that the resource sector will play a significant role in Canada's future job growth and prosperity.

A few countries are not as blessed with natural resources as Canada. Natural resources have helped to shape Canada's character and identity. They have been the lifeblood of communities for generations and have helped to give Canadians a quality of life that is second to none in the world. The importance of the resource sectors to Canada's economy cannot be overstated. Natural resources are driving economic growth right across the country.

Today, Canada's natural resource sectors employ nearly 800,000 Canadians and these economic engines of prosperity account for more than 10% of Canada's gross domestic product. They generate billions of dollars worth of tax revenues and royalties that help pay for government programs and services for Canadians. With over $500 billion in potential resource projects over the next 10 years, we have a tremendous opportunity to create jobs and economic growth right across the country. These jobs will be created in virtually ever sector of our economy, from manufacturing, mining, science and technology right to the services sector.

To take advantage of this opportunity and to ensure Canada's prosperity, our government is committed to making this nation of the best places in the world to invest. We have put many key ingredients in place, ingredients such as competitive taxes, new trade agreements and non-discriminatory policies.

However, we cannot take this opportunity for granted. Canada is not the only country in the world with rich mineral and energy resources and other countries have made it clear that they are ready to act and act quickly to supply emerging markets around the world. The bottom line is that Canada is competing with other resource-rich countries for these investment dollars. That is why it is so important that Canada creates the right conditions to attract global investment.

One of the ways that we are creating a favourable climate for investment is by taking the guesswork out of the review process for major development projects, and that is the idea behind our plan for responsible resource development. In a nutshell, here is what this new legislation would achieve. First, it would make project reviews more predictable and timely. Second, it would reduce duplication of project reviews. Third, it would strengthen environmental protection. Fourth, it would enhance consultations with aboriginal peoples. We want to put in place a new system of one project-one review that operates with a clearly defined time period.

In the words of the Saskatchewan Mining Association:

The federal government heard that message, and included the 'one project, one assessment' concept. If you were putting an addition on your house and needed a building permit, you don't require both a municipal and provincial permit. It is just common sense that one review that meets common objectives is sufficient.

Our new plan would also place enforceable, beginning-to-end time limits on assessments of no longer than two years, without compromising the thoroughness of the review. The plan would eliminate duplication by allowing provincial environmental assessments to replace rather than overlay assessments by the federal government, where they meet federal requirements.

Saskatchewan Deputy Premier and Minister of Finance Ken Krawetz declared, and I quote:

If...we are doing duplicate assessments in the environmental field and...there is no need to do a duplicate assessment and one assessment will suffice we are encouraged by that.

He went on to say that an improved system could “reduce government inefficiencies” and ensure that we will have continued due diligence.

Furthermore, Bill C-38 includes new mechanisms that would make consultation with aboriginal people and communities an integral part of the new review process, with additional funding to support aboriginal participation in the process. However, let me be clear: our new plan would strengthen environmental safeguards and it would raise our already high standards.

Bill C-38 would ensure that we stop reviewing projects with little or no environmental effects, and it would focus our efforts on projects that have potential for significant environmental and economic impacts. Right now we know that too many projects are getting caught in the regulatory net. We are wasting our time reviewing projects like blueberry washing facilities, parking lots and hockey rinks, projects that have little to no adverse effect on our environment. Quite frankly, it is time to stop the tangled web of rules that are wasting everyone's time and putting major development projects at risk.

Under Bill C-38, the Minister of the Environment would retain the authority to order environmental assessments on projects deemed necessary. To further protect the environment, Bill C-38 introduces enforceable environmental assessment decision statements to ensure that proponents of resource projects comply with required mitigation measures to protect the environment.

In addition, Bill C-38 proposes to provide federal inspectors under the Canadian environmental assessment act with all the authority they need to examine whether or not companies are fulfilling the conditions specified in decision statements. It introduces penalties ranging from $100,000 to $400,000 for contraventions of the Canadian Environmental Assessment Act. Our proposed changes would strengthen environmental safeguards and create greater certainty for investors.

In today's global economy, we simply cannot afford to have one hand tied behind our backs with a review process that is full of delays, jurisdictional overlaps and unpredictable timelines. Simply put, it is time to bring our review process into the 21st century. That is what responsible resource development is all about.

As the western premiers unanimously declared in a statement at the end of the recent conference, and I quote:

One project, one assessment, one decision increases timeliness and certainty, and reduces the bureaucratic overlap without compromising environmental rigour.

Clearly, today's act is about putting Canada's natural resources to work for all Canadians. I will always stand up for the natural resources sector and the Canadians it employs.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 5:10 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I would like to thank my colleague from Winnipeg North for his question.

The NDP shares his concerns. Together with our House leader, we tried to split Bill C-38 into five separate parts so that we could take the time to study them and do our work as parliamentarians in a responsible way. We also submitted hundreds of amendments. We will see whether the Conservative government is willing to listen in order to improve this bill.

However, it is difficult to improve such a gigantic catch-all bill. This bill tackles a lot of issues and important rights: working conditions, environmental protection, seasonal workers. We think this is awful. We do not want to start punishing people because their industry operates for just a few months a year.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 5:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we have expressed, time and time again over the last days and weeks, the concern we have in regard to Bill C-38 and how critically important it is that it be amended. The bill is severely flawed and it sets precedents in terms of budget bills. Many have accused it as being a Trojan Horse in terms of the manner in which the government is bringing in legislation that is completely irrelevant to the whole budget process and that we should be breaking this bill into a number of different bills and stick to the budget debate itself.

In response to the bill, the Liberal Party has brought forward a series of different amendments on which we will voting. I look to the member and I suspect the NDP will support our amendments. How does the member feel about the sheer number of pieces of legislation that this bill will have a very profound impact on, if it were to pass?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 4:55 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, it is with legitimate indignation that I rise today to denounce the infamous Bill C-38, the budget implementation bill.

With this bill, we get the feeling that the Conservatives decided that Parliament was an open bar and attacked social programs, government, workers and families. It is a catch-all bill, a bulldozer bill, a Trojan Horse. Finally, this is an anti-worker, anti-environment and anti-family bill that does not respect our democratic institutions, that attacks key rights, and that attacks the least fortunate and lowest-income seniors in our society.

It is a catch-all bill. We feel that the Conservatives are taking a shot at everything that works and are taking advantage of the fact that they have a majority to destroy things that have been working well in our society. Based on where they are heading, everything will go to the private sector. Assessing environmental impact is not important. As long as there is development, everything is fine, and future generations will pick up the pieces. They will have to carry this economic debt, as well as this environmental debt on their shoulders.

This is unprecedented in Canadian political history. Officially, this is a budget implementation bill, but it changes no fewer than 70 existing pieces of legislation. The Conservatives are taking a shot at everything that moves.

In addition, the Conservatives imposed a gag order—in fact, it was the 23rd or 24th gag order. Members are not even being given much time to discuss this bill. The government is refusing to split up this bill, which is creating a completely absurd situation.

The NDP proposed having five bills instead of one single mammoth, gigantic and unmanageable bill, which was reasonable. For example, since this is officially a budget implementation bill, but it changes standards for protecting fish habitats, it is the members of the Standing Committee on Finance who are required to study the changes to the regulations on protecting fish habitats. Has anyone ever heard of anything so ludicrous or absurd?

Every decision made in this bill probably deserves days of study. The list of things that the government wants to change is impressive. The bill is supposedly for implementing the budget, but it is being used to destroy and attack a bunch of things that help workers and Canadian families. I am going to try to explain why.

Bill C-38 increases the age of eligibility for old age security and guaranteed income supplement benefits from 65 to 67. We remember that the Prime Minister took advantage of a trip to Davos, Switzerland, to announce these changes in front of his billionaire friends. But one year earlier, he had not even told Canadians that he was going to attack our seniors' old age pensions.

Bill C-38 repeals the Kyoto Protocol Implementation Act, weakens the environmental assessment regimes, eliminates the Auditor General's oversight authority for a certain number of agencies and amends the Employment Equity Act so that it no longer applies to federal contracts. In addition, it dissolves the Public Appointments Commission, reduces transparency with respect to the assessment of major pipeline projects and puts more power in the hands of a single minister. Bill C-38 also dissolves the National Round Table on the Environment and the Economy, which was working well. Lastly, it eliminates the First Nations Statistical Institute.

So we can see the extent of what is in this mammoth bill, this Trojan Horse bill.

There is one more important matter that I would like to address. The Fair Wages and Hours of Labour Act has also been amended. That act guaranteed minimum salaries, base salaries for workers on federal construction sites. Let me give you some examples. In Vancouver, an electrician could not be paid less than $26.20 per hour; a carpenter, $25.19 per hour. In Calgary, an electrician was paid at least $30 per hour and a steel assembler $24.12 per hour. It guaranteed working conditions, and therefore acceptable living conditions, for workers on those sites. The Conservatives are taking the act, tearing it up and telling employers that, from now on, they can pay their employees what they want. There are no more base salaries, no more minimums.

This very ideological and right-leaning Conservative government is constantly making decisions that put downward pressure on salaries. How are the Conservatives going to get the economy going again? By cutting salaries. This is a race to the bottom. This is how they want to build the future, to build a society that is fairer, more just, more united and more decent, a society in which people can live a good life.

When my father bought his house, it was worth twice his annual salary, the only salary. Today, houses cost 10 or 15 times an annual salary. The purchasing power of workers has either stagnated since the late 1970s or become worse. These Conservative and neo-Liberal policies are putting pressure on the salaries of workers, who still have to pay the bills and whose standard of living is not rising.

A family today cannot live on one salary alone. How is it possible that, in a society like ours, people working for minimum wage are below the poverty line? Is that really the kind of society we want to live in? It certainly is the kind of society that the Conservatives want to live in. On the Island of Montreal alone, the number of people asking for food assistance because they lack the means to put bread on the table has increased more than 40% since 2008.

The Conservatives may laugh, but in real life, it matters. In my constituency, 2,000 people are on the waiting list for social housing. What does Bill C-38 say about social housing? Nothing. Zero. Nada. There is nothing in this budget about helping people who are having difficulty paying their rent. When rent takes 50% of people's income, we have a problem. A problem that keeps people in poverty.

It is interesting that the word poverty does not appear in the nearly 300-page budget that the Minister of Finance tabled. That is one of the Conservatives' tricks. If they do not talk about it, then it does not really exist. I am sorry, but that is not how things work. There is no magic wand that makes poverty disappear just because we do not talk about it. There is nothing in this budget, in Bill C-38, to help fight poverty, on the contrary.

I now want to address the issue of temporary foreign workers. That is another example. I have talked about the Fair Wages and Hours of Labour Act. What is in Bill C-38 for temporary foreign workers? Under this bill, temporary foreign workers can be paid 15% less than other workers for the same work. This is just more of the same Conservative policy to put downward pressure on the incomes of Canadians and Quebeckers.

Eugénie Depatie-Pelletier, the coordinator of a branch of CERIUM, the centre for international studies and research at Université de Montréal, said:

Temporary foreign workers, whose employment contracts are already being violated because of administrative restrictions on their fundamental freedoms, will now be subject to a new discriminatory measure.

According to the administrative directive posted online on April 25, 2012, by Human Resources and Skills Development Canada for temporary foreign workers in Canada with “high-skill” occupations, wages that are up to 15% below the average wage for an occupation in a specific region will be accepted. Various observers have said that this federal measure will ultimately contribute to an overall reduction in wages in Canada...

The constitutionality of this new federal Conservative measure will inevitably be challenged sooner or later in court. This measure is a concrete example of the government violating the right of a historically disadvantaged group—immigrant workers in this case—to be free from discrimination.

Furthermore, André Jacob, coordinator of the Observatoire international sur le racisme et les discriminations and an associate professor at the UQAM school of social work, said:

The argument that the local labour force does not want to do the work for which employers use foreign labour is a false premise. In fact, Canadians do not want to comply with the conditions imposed by companies that favour temporary foreign workers [because they work in horrible conditions]. Businesses want to be able to count on a low-cost workforce that is available at all times, submissive, non-unionized and [basically] without rights.

...The temporary foreign workforce is not a cargo of exotic products that can be purchased and sold with only profit in mind. These are human beings with rights. It should not be up to private businesses to protect the rights of all workers; it is the responsibility of the state.

We see the same thing with employment insurance reform. The government is pushing wages down and wants to force seasonal workers to accept jobs with wages 30% lower than what they earned before. The NDP will fight this Conservative government because we want people to be able to live with dignity.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 4:45 p.m.
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Halton Ontario

Conservative

Lisa Raitt ConservativeMinister of Labour

Madam Speaker, I am very pleased to have this opportunity to speak in support of Bill C-38.

Jobs, growth and long-term prosperity are at the heart of this bill, which comes as Canada is emerging from the global economic downturn and facing increased competition in the global marketplace. Fortunately, we are facing these challenges from a position of strength.

Our government pledged in the Speech from the Throne that we would promote a stable low-tax environment, develop a highly skilled and flexible workforce, support innovation, and expand access to markets abroad. Bill C-38 is the next step in delivering on those promises to Canadians.

The Government of Canada's priorities are also the priorities of the labour program. The labour program is cutting red tape. It is modernizing and streamlining its operations, as well as consolidating some programs and activities. The cost-saving measures within the labour portfolio will result in savings of $16.7 million. At the same time, we are continuing to fulfill our mandate to promote a fair, safe, productive workplace, and facilitate co-operative labour relations in federally regulated private industries.

I will begin by describing what Bill C-38 will mean for the federal labour portfolio. When businesses go bankrupt, many people suffer, but some of the most unfortunate are those former employees who were entitled to long-term disability pensions and indeed were receiving long-term disability pensions. Bankruptcies can lead to the reduction or even complete loss of long-term disability benefits when there are insufficient funds to cover the outstanding claims. Economic action plan 2012 proposes to require that going forward, federally regulated private sector employers insure on a go-forward basis, as I said, any long-term disability plans for employees. This will provide additional financial security to these individuals and their families when they need it most.

The new provisions for long-term disability plans complement the support our government already gives workers through the wage earner protection plan, WEPP. The WEPP was introduced in 2008 to provide timely compensation to workers in federally regulated industries for unpaid wages and vacation pay they had earned in the six months preceding their employer's bankruptcy or receivership.

We expanded the WEPP in 2009 to protect severance and termination pay, and again in 2011 to cover workers whose employers had to restructure without success. The recent expansion is estimated to provide an additional $4.5 million annually in support to workers affected by the bankruptcy or receivership of their employer. Through economic action plan 2012, we are proposing to add $1.4 million annually in operating funds to ensure that WEPP applicants receive the benefits they are entitled to when they need them.

I would also like to briefly mention some other economic action plan 2012 measures that will increase efficiency and get better value for Canadians. Among the changes, the federal contractors program will be redesigned, and that will streamline the program requirements. The initiative is part of the Government of Canada's deficit reduction action plan, and it will improve the efficiency and effectiveness of government operations and programs to ensure value for taxpayers.

The obligation for employers to meet employment equity goals will now be placed directly in the contract as a mandatory clause, and failure to meet the obligations shall constitute a breach of the contract. As such, federal contractors that wish to contract with the Government of Canada will be required to meet employment equity obligations. Modernizing the federal contractors program will reduce the administrative burden on contractors. That, of course, was a key recommendation of the Red Tape Reduction Commission.

We also propose to amend the Status of the Artist Act to transfer the function of the Canadian Artists and Producers Professional Relations Tribunal, or CAPPRT, to the Canadian Industrial Relations Board. The CAPPRT currently supports constructive labour relations between federally regulated producers and self-employed artists, but there has been a considerable decline in CAPPRT's case activity over the past five years. Indeed, each year since 2006-07, the tribunal has only received slightly more than one new application, and averaged fewer than one day of hearings.

As a consequence, the government has decided to transfer CAPPRT's powers, duties and functions to the CIRB. With this amendment, the existing framework for labour relations in the federal cultural sector would remain in place, with the CIRB continuing the work of the tribunal and promoting and supporting professional relations between artists and producers.

By transferring CAPPRT's powers, duties and functions to the CIRB, the government is ensuring that an experienced and competent body remains to oversee the relationship between artists and producers in the federal jurisdiction, but it would do so while generating cost savings and improvements to administrative efficiency. We fully expect that this transfer would result in both improved services and reduced delays in resolving cases, while not directly impacting the artists themselves.

We are also proposing to modify the Government Employees Compensation Act to streamline and improve administration of third party claims and to enhance efficiency in the federal public sector. Workers' benefits would be unaffected by this adjustment but the amendment would allow crown corporations to pursue third party claims under the act and that would reduce overall labour program administration costs for third party claims.

Finally, we are also planning to repeal the outdated Fair Wages and Hours of Labour Act, which was enacted in 1935 at a time when very few regulations existed to protect workers. At one point in time, it did serve a useful purpose, but today it no longer plays a significant role in protecting workers. The reality is that federal construction contracts today account for only 2% of non-residential construction work in Canada compared to 1955 when it was 11%. As well, the provinces and territories already regulate wages and working conditions in the construction sector. In many respects, the Fair Wages and Hours of Labour Act duplicate existing provincial labour legislation.

Today, like all other workers in Canada, construction workers are protected by comprehensive provincial and territorial employment standards. They are also protected by human rights and by occupational health and safety laws of the provinces and territories. Therefore, repealing the Fair Wages and Hours of Labour Act supports our commitment to create jobs and fosters economic growth by eliminating red tape and duplication. It is part of our deficit reduction action plan and we seek to improve the efficiency and effectiveness of government operations and programs to ensure value for the taxpayer.

With respect to temporary foreign workers, prevailing wage rates are already set by HRSDC and Service Canada, and repealing the act will not change this.

In conclusion, the Government of Canada's priorities continue to be jobs and growth, and these are also the priorities of the labour program. Through Bill C-38, our government is looking to move forward on our commitment to make effective and efficient use of our resources in ways that respond to real needs.

I urge this House to support Bill C-38.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 4:30 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Madam Speaker, it is with a rather heavy heart that I rise in the House to speak to Bill C-38.

Not only do I oppose the content of this bill, but I also strongly oppose how the government has gone about getting it through the House.

I was very idealistic when I arrived in the House of Commons barely a year ago. I truly believed in the goodwill of this government, which had just been elected to do politics differently. I realize that the reality is altogether different and that the government wants to push through bills of this magnitude without consultation or consideration by committees and the House.

I oppose this bill because I believe it will have serious consequences not just on jobs, but also on growth and long-term prosperity. In fact, this government is not investing in the economy of the future, but rather in the economy of the past.

In my opinion, this bill is not in the best interest of Canadians and does not reflect the fact that the government must work for the common good.

Canada must foster economic development in a way that respects the principle of sustainable development and promotes the development of our communities and our environment.

It is with this in mind that the NDP has been calling on the government for several years now to reform and modernize the Investment Canada Act, one of the main components of our economic regulatory system. I am talking about it today because this bill includes changes to the Investment Canada Act.

Although the NDP has been calling for an overhaul of the Investment Canada Act for several years, and although a motion was unanimously adopted by the Standing Committee on Industry, Science and Technology to review the Investment Canada Act—I am on that committee, so I should know—this has not been done. Instead, the government continues to hide certain changes to that act within this omnibus bill.

Thus, with so many things going on, the government is modifying the Investment Canada Act bit by bit and without really carefully studying the consequences this will have on jobs, growth and long-term prosperity.

The government promised to tighten up the Investment Canada Act a long time ago, but I am disappointed that it has decided to include these changes in the budget implementation bill, instead of going ahead with the consultations it had promised.

The act will now enable the government to disclose the reasons why it would oppose a foreign acquisition, but the act already sets out some exceptions. The government will first have to consult the company in question and refrain from disclosing the reasons why it opposes the purchase if it would cause prejudice to the company. The changes included in Bill C-38 will also allow a penalty in the form of a security, and not just money, to be imposed on firms found to violate a country's legislation.

The government's proposed amendments to the Investment Canada Act are only minor corrections, when we consider the scope of the challenges.

The biggest amendment made to the act by the government was not made through Bill C-38 but through the regulations. So it is appropriate that I mention it in the context of this speech, given that the government continues to make amendments to the act without going through Parliament or the Standing Committee on Industry, Science and Technology, which would be the appropriate forum.

When foreign investors are buying a Canadian company, an assessment is conducted under the Investment Canada Act. The assessment threshold is currently $300 million, depending on the value of the company's assets. On May 25, 2012, the Minister of Industry announced that, in four years, the threshold would increase to $1 billion, depending on the value of the business. This new measure was based on the recommendations of a committee that submitted a report in June 2008 entitled "Compete to Win". I note that it was not the Standing Committee on Industry, Science and Technology that made these recommendations or a committee of parliamentarians, but an ad hoc committee, if I may call it that.

This announcement will have fairly significant consequences on the possibility of keeping Canadian companies, especially the medium-sized or larger companies, because there will be no review under the Investment Canada Act.

The Globe and Mail recently published an in-depth report on the disappearance of Canada's medium-sized businesses. Canada has many small businesses, but we seem to be losing more and more of our medium-sized businesses, particularly in the manufacturing sector.

These announcements and changes to the Investment Canada Act were made—I repeat—without MPs' approval and with no real discussion by the Standing Committee on Industry, Science and Technology. They will have negative consequences on several sectors of our economy and on Canada's ability to help medium-sized businesses thrive and to keep them in our economy.

Long-term prosperity means long-term jobs. Helping our manufacturing sector to flourish, particularly medium-sized businesses in that sector, is in Canada's best interest. These industries take root in their communities and become active partners in the regions. They will provide long-term jobs, which lead to long-term growth and prosperity.

This is troubling. The government keeps talking about 750,000 new jobs. But let us take a closer look at that number. Those 750,000 jobs have been created since the lowest point of the recession following the loss of 430,000 jobs during the recession. That means we have about 320,000 net new jobs since the beginning of the recession. Yet the number of people in the job market grew by approximately 600,000 during that period. That is why our unemployment rate is still much higher than it was before the recession. It is currently 7.3%.

We are not currently creating enough jobs to keep pace with growth.

I could go on at length about how this bill will have negative consequences on jobs, growth and long-term prosperity.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 4:15 p.m.
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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Prime Minister and to the Minister of Intergovernmental Affairs

Madam Speaker, it is a real pleasure to be able to join the debate on Bill C-38, the budget implementation act, our government's plan to keep Canada on course toward long-term growth and prosperity. I want to emphasize to my opposition colleagues in the NDP, the Liberal Party and others in this place that, through the measures that they have undertaken to delay this budget, they are in fact indicating that their concern is not with everyday Canadians who want to see long-term economic growth and prosperity in this country.

At a time when the global economy remains fragile, our government is focused and will remain focused on those Canadians hardest hit by the economic downturn by helping create and protect jobs.

When it comes to creating a job market that is strong and efficient, our government continues to take strong and responsible action. We talk a lot in this place about jobs. We talk about the importance of providing opportunity for everyday Canadians. How does a government do that? Clearly, a government does not hire each and every person who is looking for a job. We create an environment that attracts investment and opportunity and provides that opportunity to Canadians. So far, by any measure, this government's actions are clearly providing results for everyday Canadians.

Since 2009, I know that this number has been said many times in this place, employment has increased by over 760,000 net new jobs. We have said many times that it is the strongest job growth in the entire G7, but that is actually understating it. It is the strongest job performance in the G7 by a very wide margin. It is in no small part due to the measures in Canada's economic action plan dating back to January 2009. I was pleased to participate in the creation of the budget. I think frankly Canadians, generations from now, will look back and say that it was an incredible plan and an incredible document, and that the government of the day should be celebrated for its foresight. More than nine in ten jobs created since July 2009 have been full-time positions, and close to 80% of them are in high-wage industries in the private sector.

When we listen to what Moody's, a respected global credit rating agency, had to say about Canada we should all be encouraged as Canadians. It stated:

In the view of Moody's sovereign analysts, the Government of Canada's Aaa ratings are based on the country's very high degree of economic resiliency, its high government financial strength and its low susceptibility to event risk....The outlook for Canada's ratings is stable. The country was affected less than most other advanced economies by the global credit crisis and recession, and its government financial position remains comfortable.

However, we cannot rest on this success.

I just heard my hon. colleague from Essex speak a few moments ago. I know he is passionate about the southwestern Ontario economy and creating opportunity in that economy. His economy is not so different from mine. The foundational strength of my economy, originally founded locally, was in settling the land and in agriculture, but later grew. Along with the Canadian Pacific Railway, we grew a manufacturing base in Peterborough and in our region that has supported families and economic growth for generations.

However, we want not just to preserve that but to create growth in that sector. In Peterborough we have seen significant growth in our manufacturing sector, contrary to what members may hear. Through the Kawartha manufacturing initiatives, the Tri-Association Manufacturers Initiative, we have been able to create a significant number of jobs. We have done it with skills, with skills training, with innovation, all supported by this government and its economic action plan. That is how the next generation of manufacturing and the people who will manufacture those goods will find success in this country. We will do it by focusing on innovation and by investing with these companies and supporting them.

My colleague talked about the auto sector, but it is obviously much further and much broader reaching than just the auto sector, but we will also open markets.

So much of what we are working to do, not just in this document, but every day, and when we are focused on the economy, we are focused on opening up markets, providing opportunities and creating jobs right at home.

I want to go through a few measures in our economic action plan 2012. As I said, it reinforces the government's commitment to move toward an immigration system, which is focused on the economy as well, with the following three key steps, and this is also something that is very important in my region.

First, we will return applications and refund up to $130 million in fees to certain federal skilled worker applicants. This measure will improve responsiveness of Canada's immigration system by more immediately directing our efforts toward addressing modern labour market realities.

Second, we will work with the provinces and territories and other stakeholders to support further improvements of foreign credential recognition and to identify the next set of target occupations beyond 2012.

Third, we will continue to consider additional measures to strengthen and improve the temporary foreign worker program and we will help support economic recovery and growth by better aligning the program with labour market demands.

This is all part and parcel with our larger plan to ensure that we do not just create jobs, but that we have the skilled people we need and, frankly, the raw people power to support the growth of our economy. When our economy grows, it benefits all of us. It provides all of the funding for so many things that so many people in this place care about, whether it is health care, or education, or transfers to the provinces, or support for our foreign embassies and the many good activities that Canada undertakes through CIDA and other agencies, all of these things, all of the strengths that the federal government has is based on a strong economy, a strong labour market, a strong natural resources sector. It is critical.

It never ceases to amaze me that when we come forward with a plan like our economic action plan 2012, the opposition will find things that they claim for that reason and that reason alone they will vote against the entire document. I would argue that there are so many strong and important measures in this document. I do not see how members can vote against it.

When Canadians look at the government's overall approach toward providing and protecting the economy, toward creating long-term economic growth and prosperity, they will receive this budget as good news. They will support it. In the future, members in the House will be held accountable for how they voted on this very important document.

As I said, we have made great progress such as 760,000 net new jobs created and the growth in our GDP leads the G8. We continue to outperform comparable industrial economies. The focus of this government is to back the promise we made to Canadians.

There is one more sector that I want to address. It is agriculture. It seems often it gets lost among the debate in this place. It does not get mentioned as much as it should and it is so critically important to the well-being of our overall economy.

I have heard many people talk about the Fisheries Act and the changes to it. Farmers in my riding have come forward many times on these amendments and have said that they do not understand why, having farmed areas for generations, they would be harassed for regulations that do not make any sense. That is why we are making these changes. That is why I am proud to support them.

I am proud to support this budget. It contains important measures for the people of Peterborough and, indeed, for the people of Canada.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 4 p.m.
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Conservative

Jeff Watson Conservative Essex, ON

Madam Speaker, I am pleased to rise today to debate the government's budget implementation bill, Bill C-38, the jobs, growth and long-term prosperity act.

This is a very necessary bill. Procedurally, it follows the adoption of a very important budget that continues to move us on a low-tax track for jobs and growth. This builds on that. Of course, the government is razor focused on the economy. The government was given a strong mandate by Canadians to be focused that way.

The results speak well. There have been nearly 760,000 net new jobs, 90% of them full-time, since the height of the great recession. We have received international praise for our policies and the trend of our economy by the OECD and the IMF, among others. All three major credit rating agencies, Moody's, Fitch and Standard and Poor's, have reaffirmed our top credit rating. There are no issues in that regard, unlike other countries in the world.

Of course, we recognize that more can be done. There is an opportunity to do even more. There are Canadians who are still unemployed. We also recognize statistics from last year. There were some 250,000 unfilled jobs in Canada. We clearly have a need to connect Canadians to labour force realities here in Canada, even within their own labour markets. That is why we need greater efficiency with the employment insurance program.

We still have challenges to face with respect to improving our productivity and innovation. We are in a competition in the 21st century for not only global capital investment but for the most talented minds, those with the talent and skills sets from around the world, if we are going to persist in having a first world economy and first world standard of living by extension.

Now that we have passed the budget, it is important that we pass the implementation act to implement our far-reaching economic action plan 2012. We need to pass it now, not weeks or months from now. It is important that we pass it now.

By way of process, budgets are long-ranging in terms of their consultation. We started consulting extensively last fall. The budget itself was tabled some four months ago. We have had all kinds of debate about the direction of the country.

We have had lengthy debate already in the House of Commons. A full committee and an additional subcommittee conducted hearings with respect to the various aspects of this implementation act. I was able to participate in part of that. I spoke with the Retail Council of Canada, the Canadian Auto Workers Union and others.

I think the NDP members themselves probably agree we do not need any more debate on that. After all, yesterday they voted against sitting until midnight, so clearly they are not interested in debate any longer.

It is also important to pass the bill now because there are threats to the global economy still looming. In the United States unemployment is up recently. The eurozone woes are extremely well known. We do not want to delay implementing the budget and getting on with growing our economy.

There is context for the current budget implementation bill. Budget 2012 builds on previous budgets. There is a real logic to what the government has been doing through the economic action plan in 2009, the subsequent low-tax plan for jobs and growth. One could even go back further.

At the end of this month it will be eight years that I have been here and have been privileged to be the hon. member of Parliament for Essex.

In 2007 we brought in a budget and laid out a vision document called Advantage Canada. We tackled four major challenges: high Liberal taxes on business investment; low business investment, particularly in equipment and machinery technology; a skills shortage; and the forecasted rapid decline of the population over the coming decades.

We proposed five major advantages. First, a tax advantage, or as we like to think, a low-tax advantage. We have reduced all kinds of taxes and we continue to do that. Second, a fiscal advantage. Third, an entrepreneurial advantage, cutting red tape, which is a key move for ensuring our businesses move forward. Fourth, a knowledge advantage, so we could have the best educated, most skilled and most flexible workforce in the world. Fifth, an infrastructure advantage.

We brought in the Building Canada plan, which was an extensive seven-year, comprehensive infrastructure plan with many components to it. It has been helping to renovate and modernize our infrastructure not just for quality of life issues, but also to suit our economy moving forward. We are committed to that.

We brought in the borders and gateways fund as well. We have been acting consistently. Economic action plan 2012 continues to follow in that direction.

We need to pass Bill C-38 now for another reason that is a little more local for me and the Windsor Essex economy. There is a 9.9% unemployment rate, although that is down from well over 15% at the height of the great recession.

There is room for improvement. We need further economic development and diversification. We need to connect those who are unemployed with available jobs in the local workforce. The proposed EI changes, for example, become very clear. We need to give more job information to those individuals who are on EI claims, many of whom think they are faithfully pursuing their responsibilities by looking at job banks. Job banks show only a fraction of the jobs that are available to them.

We are connecting the temporary foreign worker program to the EI program so that permits for foreign workers are not given until local workers have an opportunity to connect to that. That is important. I look at the greenhouse industry in my district and the high tech industry. The high tech industry provides good paying jobs, yet there may be people who are not aware that jobs are available in that sector.

We are proposing sensible reforms.

There is also responsible resource development. The opposition is positive that resource development is not a good thing for the Ontario economy. Nothing could be further from the truth. I look at a company like Southwestern Manufacturing that made its exclusive fame at the time in the auto industry until tough times came to the auto industry. What has it done? The company has diversified. It has gone to the mining industry and the oil and gas industry. It does heavy machining, which is an easily transferrable skill from the auto sector to the needs of the economy. Half a trillion dollars in responsible resource development: that is a huge amount of investment potential in resource projects in the next 10 years. Mining is one of the fastest growing sectors in Canada. It provides good paying jobs for Canadians.

There is a responsible and balanced way to do this. How do we do responsible development? These measures are important for my region as well.

Innovation is important. I believe it was a former Chrysler executive who once said that the future of the auto industry was the six inches between our ears. When other countries are pulling back in a mode of austerity on innovation, this government is doubling down on that investment, doubling IRAP and focusing on commercialization. These are all important measures because innovation will drive high paying jobs for the future not just for my region, but right across this country.

I urge the opposition to reconsider and support Bill C-38.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 3:40 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, I am not happy to be getting up here today and talking about Bill C-38 in the form in which it is before us, an assault on democracy resulting from a 452-page omnibus bill that would change over 70 pieces of legislation.

My colleagues on the other side can ooh and aah and all the rest of it, but I can say that when they were on this side of the House and the Liberals introduced what they called an omnibus bill—which was far less than what we have here, because we did not have all these changes to legislation—they hollered, screamed and banged the tables. I think we are very calm on this side and directly addressing the points that are giving us concern.

It would be one thing to bring forward a 452-page document called a “budget” in September and work from September through to June on it. That would be plenty of time for all of the committees and the rest of us to examine it. However, the Conservatives are clearly using this omnibus bill, which they have called a “budget”, to get through everything they want to clean up everywhere.

It will change 70 pieces of legislation. The omnibus bill will change the face of Canada.

If the Conservatives had the confidence level that they should have as the governing party, they would have sent the bill to committee, given us lots of time to examine it and accepted some of the amendments that would have come out at committee level, which probably would have improved some of it. Maybe some of it would never have come back into the House. That would have shown that they had respect for democracy in this country.

There is no minority-government concern hanging over our heads as we had previously, so there was lots of time to debate and discuss the bill. It is not as though the government has anything so pressing on its agenda that it has to shove this bill through today. The Conservatives could have separated the bill into a variety of different areas.

Clearly this is a Reform-style document that forgets democracy. The Conservatives can go abroad and talk about democracy in other countries around the world and tell them how they have to become more democratic and provide votes and opportunities. Here at home, quite frankly, what is happening is becoming an embarrassment.

I have done some traveling overseas this last little while, and I was asked by very many people what has happened to Canada when it comes to issues of human rights or how Canadians are being treated. Clearly there are questions around the world about our country and what has happened to it.

When we used to travel around the world, we were very proud to say that we were from Canada, that we were Canadians. I am not getting that sense back from people now. They are all asking what happened to Canada. They are seeing a significant change.

Well, that is what happens with governments: people elect them. Unfortunately, this election was clearly interfered with, which is something that I suspect Elections Canada will give us more information on. We know already that there were clearly some disparities and ongoing issues in some of the ridings.

However, we move beyond that because we respect democracy in Canada. We would like to think that everybody does the right thing and is honest and straightforward. Clearly, from what we are hearing, it does not sound as though that was the case.

The reality is that we have a majority government today. One of the government members was saying to me yesterday that there will be no election until October 14, 2015. Even when I questioned, there was no chance of an election before then. Well, everything is in the power of the Prime Minister, and he can decide tomorrow, for whatever reason, to have an election. However, if the government is so confident of not having an election until sometime in October of 2015, what is the pressure and the worry that it has to change EI today?

The changes the Conservatives would make would affect so much, including the temporary foreign workers who come over to work on farms and in the agricultural industry. Many of them have been coming to this country to work on farms in Canada for many years; now, all of a sudden, that door is closed for them, even though many of the farmers are saying that they will not be able to get enough workers. By the time they get around to responding to all of this process, their season will be over. That will clearly be a significant problem for their economy.

When we are looking at the changes to EI, seasonal work is a big part of Canada. There are weather issues. Who is going to do all of the seasonal work if the fishers in Newfoundland or New Brunswick are told that they cannot work seasonally any more and they have to go out west or wherever to find a job? Who is going to do the fishing if they all take full-time jobs out west? There are an awful lot of implications. I can appreciate the intent of what the government wants to do, but I do not think it has been thought through as thoroughly as it could have been.

I will now talk about seniors for a few minutes. I am the critic for the seniors file and have spent a lot of time calling on the government to give them more help and additional funds. What does it do? It decides it is going to increase the age for accessing old age security by another two years. Is that happening tomorrow? We have closure on this bill and we have to shove it through. We are going to be up for two or three nights voting because there is an urgency for this 452-page document to be passed this week, when all it would take to satisfy the opposition would be to break up the bill and allow parts of it to have more debate at committee.

On the issue of changing the date of entitlement for old age security, other countries are changing it, but those countries have a pension that makes up 60% to 70% of what people were earning before. It has a huge hit on the GDP. Here in Canada we have a very modest pension system when people reach 65, which is about 25%, or 2.1% of the GDP. It is a very small amount. It is a recognition of the money people paid in taxes and it is going back to them, plus the CPP, and for some, the OAS.

If we consider all of those amounts and that people are now going to have to wait until age 67, it means that every Canadian under the age 54 will be losing $15,000 a year for two years, which amounts to $30,000. The government talks about not raising taxes and all of that stuff, but it is a pretty big tax hit when people lose $30,000 out of their gross net income over the period of their lifetime. Members should not say that is an easy thing to deal with. That is going to have a huge impact on a lot of Canadians, but it is a long way away, so why is there a need to push this bill through by using closure? There is no rationale for it, other than the fact that the government wants it done. The government wants to do things its way and it is going to push it through whether we like it or not. A lot of Canadians who watch these proceedings really do not understand why it is necessary to do that.

Aside from the fact that this is clearly an abuse of power and an assault on democracy, all Canadians should be enraged. We live in this peaceful country and people do not know what is coming until they knock on the door, whether it is a seniors issue, an environmental issue or an EI issue. When people need the services of the government or see that the country itself is eroding is when they start asking questions. Otherwise, the streets would be filled with people protesting.

Let us look at the changes to the environmental regulations. It is very important that we protect the environment, but what is the government doing? It is practically deregulating everything and removing all of the environmental protections and safeguards that would better protect all of us, and our kids and grandkids in the future. A lot of the impacts as a result of this budget are not going to be felt for years to come, and that is exactly what the government wants. The government wants to get this through quietly with as little trouble as possible, and then go on to dismantle the country.

The Prime Minister said several times that if he had an opportunity to become prime minister, he would change the face of Canada. There is a quote somewhere by the current Prime Minister. That is exactly what he is doing, step by step, a little at a time so Canadians do not get too alarmed. He is moving forward on changing our country, exactly what he said when he was the head of the Reform Party, not the head of the Conservatives.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 12th, 2012 / 3:25 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I am pleased to rise in support of Bill C-38 and to speak against the opposition amendments to delay this important legislation. I will focus my remarks on proposals for the new Canadian environmental assessment act 2012, which is contained in part 3 of the bill.

Before turning to some of the highlights, I will briefly explain why this legislation is important. The current federal regulatory system for project reviews is a patchwork of laws, regulations and policies that have been put in place over a number of decades. While founded upon the best of intentions, the result is an overly complex set of processes that have been plagued by delays and inconsistencies.

In 2007, our Conservative government took action by creating the major projects management office to provide oversight and to inject some coherence and consistency in project reviews. An additional $30 million per year was also invested in the regulatory system. I am pleased that this funding has been renewed through budget 2012.

Despite this effort, it has become clear that fundamental legislative change is required. It is needed both to address the challenges at hand and to take advantage of Canada's promise and opportunity. This is why Bill C-38 introduces measures to promote responsible resource development. The four pillars of this initiative are straightforward: providing predictable and timely reviews, reducing duplication, strengthening environmental protection and enhancing aboriginal consultations.

The portion of Bill C-38 devoted to the Canadian environmental assessment act 2012 supports each of these pillars. First, Bill C-38 would provide for predictable and timely reviews through reasonable and certain legislated timelines for environmental assessments. This is important for investment decisions and the jobs that result from those decisions. This is important for participants in these reviews and is important for federal-provincial co-operation.

The second pillar of reducing duplication is an obvious objective in a federation like Canada where responsibility for the environment is shared between the levels of government. Bill C-38 would accomplish this through new co-operative mechanisms for environmental assessments. Substitution and equivalency provisions would provide for one project one review. The law ensures that environmental standards are not compromised.

There have been statements questioning this fundamental point. Subclause 34(1) of the new act is clear. It states:

The Minister may only approve a substitution if he or she is satisfied that

(a) the process to be substituted will include a consideration of the factors set out in subsection 19(1);

The factors in section 19 that must be considered are at the heart of a federal environmental assessment. A province would have to commit to meeting this standard before substitution or equivalency can be approved. Clause 34 goes on to ensure that the public is provided an opportunity to participate in a substituted environmental assessment and would have access to documents to enable meaningful participation.

Strengthening environmental protection is the third pillar of responsible resource development. I will speak more to this issue later on, but adding enforcement provisions to the Canadian Environmental Assessment Act represents a significant step forward.

Enhancing consultations with aboriginal groups is the fourth pillar. The Government of Canada will continue the practice of integrating aboriginal consultations into the environmental assessment process for major projects. In fact, changes to the environment that affect aboriginal peoples are one of the specific environmental effects identified by the act that must be assessed.

A subcommittee of the Standing Committee on Finance was established to deal with part 3 of Bill C-38.

A few quotes from the witnesses who appeared before the subcommittee during committee stage further illustrate how the new Canadian environmental assessment act 2012 will support responsible resource development.

Mr. Ward Prystay, of the Canadian Construction Association, stated:

We believe the changes to CEAA will establish a regulatory framework that assures one project, one assessment. This will minimize duplication of process, improve timelines, and free up federal resources to tackle projects with the potential for greater environmental consequences.

Mr. Terry Toner, of the Canadian Electricity Association, pointed to the efficiencies that would result from this legislation without compromising environmental protection. This is what he had to say:

The efficiencies realized by the changes in Bill C-38 will in no way diminish the efforts and actions of the Canadian Electricity Association's member companies in protecting the environment throughout project design, construction, and operation.

Mr. Warren Everson, from the Canadian Chamber of Commerce, said:

I think the establishment of timeframes is very critical for all parties.

There has nevertheless been much debate about the impact of Bill C-38 on protection of the environment. I want to devote my remaining time to this, the third pillar of responsible resource development.

The facts are clear. Bill C-38 will strengthen environmental assessment and, in doing so, the federal government's ability to protect the environment.

The Minister of the Environment has spoken in the House and elsewhere about the importance of enforcement. I want to expand on what he has already said.

The existing Canadian Environmental Assessment Act does not have enforcement provisions. Environmental groups have long noted this gap. A Standing Committee on Environment and Sustainable Development identified the lack of enforcement provisions as a matter of concern in 2003. This issue was raised again during the statutory review of the act this past year by the standing committee.

The proposals in Bill C-38 address the enforcement gap in three ways.

First, a decision statement will be issued at the end of an environmental assessment. It will contain conditions that are binding on the proponent.

Second, there is authority for federal inspectors to ensure these conditions are being met.

Third, there are financial penalties of $100,000 to $400,000 for violations of the act, such as a failure to fulfill the conditions set out in the decision statement.

The bill also proposes a new tool to address the challenge of addressing cumulative effects. Currently the act is restricted to a single-project focus. This makes it difficult to assess cumulative effects, particularly in a region experiencing significant development through multiple projects and activities. Bill C-38 includes new authority for the Minister of the Environment to launch regional environmental assessments in co-operation with another jurisdiction. These studies will provide a better understanding of cumulative effects. This in turn will lead to the development of better mitigation measures.

Mr. Pierre Gratton, of the Mining Association of Canada, supports these regional approaches. He is not alone. He recently said:

This was a significant recommendation we had made, and I think has been overlooked by many as an important environmental improvement.... I think environmental groups and industry have been calling for this type of measure for many years and it is in this legislation.

There are other ways that Bill C-38 will strengthen environmental protection. For example, by moving from over 40 responsible authorities to just three, the government is focusing resources and creating true centres of expertise for environmental assessment.

To sum up, I want to emphasize that the four pillars of responsible resource development set out complementary objectives. It is possible to deliver timely, high-quality environmental assessments in a manner that avoids duplication. It is possible to make timely permitting decisions. It is possible to consult aboriginal peoples in a meaningful way.

Bill C-38 would provide the tools to make this happen.

The House resumed consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures as reported (without amendment) from the committee, and of the motions in Group No. 1.

Bill C-38PrivilegeGovernment Orders

June 12th, 2012 / 3:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I have not had time to fully answer the government House leader's point but I would refer him to section 578 of Bill C-38, for which we have not had any effort to assess the impacts but which will be severe on Canada's economy and environment.

Mr. Speaker, I again refer you to clause 578 within Bill C-38.

Bill C-38PrivilegeGovernment Orders

June 12th, 2012 / 3:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, arising from a question of privilege that we raised just recently, it is incumbent upon us to respond to the government's intervention on this point.

As you will remember, Mr. Speaker, the question of privilege had directly to do with the access to information that all members of Parliament require for the vote that is coming quite shortly with respect to Bill C-38.

The question of privilege that was raised is a significant one because it talks about the central role of members of Parliament from all sides and, in particular, the role of the opposition to hold the government to account. We listened very carefully to the House leader's response from the government, and perhaps he was ill-prepared or ill-informed, but his points beared no merit to the case that we presented. We wanted to ensure, Mr. Speaker, that you understood the case as put forward by Canada's official opposition. In particular, the government House leader raised the issue of timing.

As you know, Mr. Speaker, questions of privilege must be raised at the earliest possible moment. The fact is that since the budget was introduced, we have sought, through every available means that we have at our disposal, such as questions on the order paper, during question period, at committee and through the Parliamentary Budget Officer, to find out what the implications are of this particular piece of legislation, in particular, the cuts to services and the cuts to employment that Canadians will be facing.

As you know, Mr. Speaker, from our deposition of yesterday, that information exists. The government has refused to offer that information for what we believe borders on bogus terms that came from the Privy Council Office directly, which works, obviously, hand-in-hand with the Prime Minister.

It is unlawful for the Privy Council Office to keep this information from parliamentarians and from the Parliamentary Budget Office. The timeliness of this was required as we waited for the government to provide the information that it was legally obligated to do. It was only after its final refusal in letters dated April 12 and then confirmed on May 9 that we knew that we had a question of privilege in front of us.

We have demanded and continue to demand that the government release this information so that we do not have members of Parliament voting blind on a piece of legislation. Again, it is incumbent upon all members of Parliament to be informed before they vote. The fact that the Conservatives seem to have no problem voting blind is a concern to me but not our problem. Our concern in the opposition is that we have everything available to us before we vote.

The third point, which is an important one, is that, in the intervention from the Privy Council Office, the Prime Minister's chief bureaucrat, it is illegal to break section 79.3(1) of the Parliament Canada Act, which is to hold known information from parliamentarians,in this case, holding it directly from members of Parliament and also through an officer of Parliament in the Parliamentary Budget Officer. We have been demanding this information for quite some time.

The last point is that the government house leader made some response that we needed to cite any particular section or provision of the bill but he knows better than this. As we know, a question of privilege is the intervention on the rights of all members of Parliament to perform our duties. The particular example here with Bill C-38, the Trojan Horse bill, is one more example that privilege applies in the individual or the collective when members of Parliament are unable to perform our functions on behalf of Canadians while the government knowingly withholds information that is pertinent to the vote that we are about to take.

As you know, Mr. Speaker, and as Speaker Milliken knew in one of his last rulings before leaving this place, this is significant. In the case of Speaker Milliken's ruling, it had to do with the Afghan detainees. In this case, it has to do with the budget. However, the consistency of withholding information is the same. This is problematic, not just for the government in place now but for the function of Parliament and for the sanctimony with which we hold this place.

In order to do our jobs for those we represent every day, we must have the information that exists. The information exists and it has existed for some weeks. The government has refused, at all stages and at every opportunity we have given it, to respond in an honest and forthright way.

The second act the Conservatives moved once in government was the accountability act. This breaks their own act but, more important, it breaks the right and respect that we have for this place and the privilege that members of Parliament have to seek the truth and to understand the information available to us so we can vote with a clear conscience. That is a principle of Parliament and one that we will consistently hold.

Mr. Speaker, as you will make your ruling in some hours to come, I ask that you find this to be a breach of privilege in the individual and the collective case.

Bill C-38Oral Questions

June 12th, 2012 / 3:05 p.m.
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Mégantic—L'Érable Québec

Conservative

Christian Paradis ConservativeMinister of Industry and Minister of State (Agriculture)

Mr. Speaker, on the contrary, since our economic action plan was implemented, 750,000 net new jobs have been created across the country. Quebec has obviously benefited from that. We are now continuing to move forward with the 2012 economic action plan. Our focus is on job creation and economic growth. Our measures will have tangible benefits for the economy of Quebec and Canada. I encourage the hon. member to join us in supporting Bill C-38.

Bill C-38Oral Questions

June 12th, 2012 / 3:05 p.m.
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Bloc

Louis Plamondon Bloc Bas-Richelieu—Nicolet—Bécancour, QC

Mr. Speaker, yesterday, the Prime Minister urged countries in trouble to combine fiscal discipline with economic growth measures.

Yet this same Prime Minister is forcing the passage of Bill C-38, a bill that will harm Quebec's economy.

We have only to think about the cuts to the Maurice Lamontagne Institute, the jewel of marine research, the cuts to the budget for regional economic development, the reform of employment insurance that will make the unemployed poorer and deprive businesses of the employees that they themselves have trained.

Why is the Prime Minister not practising what he preaches? What is the reason for these measures that are weakening Quebec's economy?

Budget Implementation LegislationOral Questions

June 12th, 2012 / 2:55 p.m.
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Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, economic action plan 2012 is a plan for jobs, growth and long-term prosperity here in Canada, a plan that keeps taxes low and helps encourage businesses to expand and create jobs. It is no surprise that on March 29, after only a few short minutes, the tax and spend NDP declared its opposition to this pro-jobs, pro-growth plan. Now, nearly three months later, the NDP, led by its high tax, big spending leader, is playing procedural games to try to further delay the implementation of economic action plan 2012.

Would the Minister of State for Finance explain to Canadians why it is so important that we get Bill C-38 passed?

The BudgetOral Questions

June 12th, 2012 / 2:25 p.m.
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Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, the Prime Minister speaks complacently to his record.

Let us look at the record. The government has increased its net debt by $117 billion, unemployment since 2006 is up from 6.4% to 7.3% and 300,000 manufacturing jobs down the table. Bill C-38 is an unprecedented assault on Parliament, a dumping on the provinces, a dumping on people and without precedent in the history of our Parliament in terms of its abuse and the way he has acceded power to himself.

That is some record. The Prime Minister has no right to boast to other countries about the Canadian record.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 1:55 p.m.
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Conservative

Dave Van Kesteren Conservative Chatham-Kent—Essex, ON

Mr. Speaker, I appreciate the question from my colleague across the way, but the point I wanted to make on the last question from the hon. member for Burlington was that these are indeed trying times. These are times that demand a solution to problems that we have not experienced—at least, I have not in my lifetime, and possibly no one else in this House has.

A group of us travelled on a parliamentary association to the Netherlands a number of months ago. The Netherlands is a country with 16 million people, a country about the size of Nova Scotia, and it is going to trim off 15 billion euros from its budget.

We see that in order to do that, there will be a number of things that we will have to enact. Many acts are going to be affected; consequently, this is going to be a larger bill than possibly some in the past have been, but nothing has been done that does not have to be done.

That is the reason we are doing it. That is why Bill C-38 has to pass.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 1:55 p.m.
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Conservative

Dave Van Kesteren Conservative Chatham-Kent—Essex, ON

Mr. Speaker, I thank my friend, my colleague, my seatmate from Burlington for that fine question.

I do not want to sit here and pine about the hours that we spent, but I will say that it was a significant amount of time. Not only did we spend time on Bill C-38; we spent hours, days, weeks and months on consultation before the bill was an act.

This is the result of long hours, long study and long consultation. This is precisely what the people of Canada want us to do at this particular time in the history of Canada when we have such major challenges. This is the right bill at the right time.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 1:50 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I honestly believe that my colleague from Chatham-Kent—Essex is too good a member of Parliament to actually believe the speech that he was sent in here to read dutifully, like a parrot, because it is the same speech we have heard over and over again. I want to tell him how much I profoundly disagree with every word that he just said.

If my colleague were any kind of a democrat, he would have prefaced his remarks by apologizing to the House of Commons and the Canadian people for the outrageous affront to democracy that Bill C-38 is. Because the government moved closure yet again and is denying us the opportunity to debate the many aspects of this bill, we will not have time to point out all the shortcomings of what he just read into the record in the House of Commons. However, I want to begin with just one point, which is all we will have time for.

Does the member believe, as I do, that fair wages benefit the whole community? If so, why would his government use this Trojan Horse to repeal a bill called the Fair Wages and Hours of Work Act? What does he have against Canadians who work—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 1:40 p.m.
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Conservative

Dave Van Kesteren Conservative Chatham-Kent—Essex, ON

Mr. Speaker, I appreciate the chance to speak to Bill C-38, the jobs, growth and long-term prosperity act, and against the opposition amendments to defeat it.

Before I continue, as a member of the finance committee, let me acknowledge the detailed examination at committee stage. The finance committee and a special subcommittee studied the bill for nearly 70 hours, the longest consideration of budget legislation in committee in decades. We heard from literally hundreds of individuals and organizations, from government officials, business leaders, academics, labour groups, industry associations and many more.

As we all know, the bill proposes to legislate key measures of economic action plan 2012, measures vital to ensuring Canada's continued and ongoing economic recovery.

As its very title makes clear, it is a plan that focuses on jobs, growth and long-term prosperity. In doing so, it looks ahead not only over the next few years, but over the next generation. It will help further unleash the potential of Canadian businesses and entrepreneurs to innovate and thrive in the modern economy.

Of course, in reaching this goal, Canada starts from an enviable place. For some time now our country has had one of the strongest records among the advanced economies. The World Economic Forum says our banks are the soundest in the world. Forbes magazine ranks Canada as the best country in the world to do business. The OECD and the IMF predict our economy will be among the leaders of the industrialized world over the next few years.

Our debt to GDP ratio remains the lowest in the G7 by far. Since July 2009, Canada has seen employment increase by nearly 760,000 jobs, the best job growth record in the entire G7.

However, we cannot be complacent. There are many global challenges and uncertainties still confronting the economy, especially from Europe. The recovery is not complete, and across this country too many Canadians are still looking for work. The global economy remains fragile, and any potential setback would have an impact on Canada.

It is for these very reasons we introduced Canada's economic action plan 2012. I will now describe why its passage into law is so important to our country and why these opposition amendments to defeat it and delay it are so troubling.

Let me start by highlighting one of the plan's key initiatives. All across the country throughout our consultations with Canadians, one major issue kept repeating itself: the future health of Canada's retirement system. Old age security, the single largest program of the federal government, was designed for a much different demographic future than Canada faces today. Canada has changed and OAS must change with it.

Accordingly, economic action plan 2012 and Bill C-38 will make gradual adjustments to the old age security program to ensure that the next generation can count on it. These adjustments will not affect current recipients or those close to retirement. Starting in 2023 and ending in 2029, we will gradually increase the age of eligibility from 65 to 67. This phased approach will enable younger Canadians to plan ahead with confidence.

We will also make the program more flexible for those approaching retirement. As of July 1, 2013, Canadians will be given the option to defer the start of OAS. This volunteer option will enable them to receive a higher annual old age security pension as a result.

Our government has always acted responsibly to ensure that the social programs Canadians count on will be there when they need them. With these changes, the OAS program will be on a sustainable path.

Indeed, we certainly heard plenty of support and need for these changes at finance committee from a range of independent third party witnesses. For instance, here is what the Macdonald Laurier Institute told the committee:

I think the changes to OAS are a step in the right direction.... [U]sing the traditional definition of sustainability, [OAS] was not sustainable because it either would require more resources or crowding out of other spending.

Along with retirement security, the bill also recognizes that a critical responsibility of any government, and certainly our own, is to support, encourage and protect our most vulnerable citizens. That is why it has been the number one priority in our government's budgets.

In budget 2007, we announced the introduction of the registered disability savings plan, RDSP, to help parents and others save to ensure the long-term financial security of a child with a severe disability.

In budget 2011, we introduced the new family caregiver tax credit for those who care for family members with infirmities. In the same budget the government announced that it would undertake a review of the RDSP program in 2011.

As part of the review, a consultation paper was released which included a number of questions on which Canadians were invited to provide feedback. In response, the government received more than 280 submissions from individuals and organizations. Based on the input received during the review, economic action plan 2012 proposes measures to improve the RDSP. Together they will: allow spouses, common-law partners and parents to establish RDSPs for adult individuals who might not be able to enter into a contract; provide greater access to RDSP savings by reducing the penalty associated with small withdrawals; provide greater flexibility to make withdrawals from certain RDSPs and ensure that RDSP assets are used to support the beneficiary during his or her lifetime; provide greater flexibility for parents who save in RESPs for children with disabilities; provide a better transition as well as increased potential for maintaining an RDSP without disruption for beneficiaries who cease to qualify for the DTC in certain circumstances; and improve the administration of the RDSP for financial institutions and beneficiaries.

Bill C-38 takes the first step toward implementing these changes.

Again, we heard strong support for these amendments from the Council of Canadians with Disabilities at committee, which stated:

--important and positive were the revisions to the Registered Disability Saving Plan (RDSP) that removed a significant barrier for persons with intellectual disabilities and their families to opening an RDSP [account]. The RDSP continues to be a program of significant benefit to Canadians with disabilities and their families.

I would be remiss if I ended my speech without quickly reviewing other important initiatives in Bill C-38 that we cannot have delayed by the opposition amendments.

They include: enhancing the government's oversight framework for Canada Mortgage and Housing Corporation to ensure the corporation's commercial activities are managed in a manner that promotes the stability of the financial system; expanding the health-related tax relief to better meet the health care needs of Canadians; legislating the government's commitment to sustainable and growing transfers to provinces and territories in support of health care, education and other programs and services; and modernizing Canada's currency by gradually eliminating the penny from Canada's coinage system.

In conclusion, as I have noted today, economic action plan 2012 contains a host of benefits for every part of the country. Through this comprehensive and ambitious plan, we will maintain and strengthen our advantages by continuing to pursue our strategies that made us so resilient in the first place: responsibility, discipline and determination.

This bill marks an important milestone, the next major step in creating a brighter future for our country. I urge all members to help us pass Bill C-38.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 1:30 p.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, yesterday evening, I spoke about the fact that, with this bill, the government is showing its utter contempt for Parliament and for democracy; it is concentrating more and more power in the hands of the executive, to an incredible extent, in fact.

The Conservatives tell us not to worry and to trust them. How can we trust a government that does not listen to experts—indeed, that treats them with contempt—that stifles debate, that does not listen to voters, that eliminates transparency measures and that even reduces the authority of the Auditor General?

This bill simply gives more power to the cabinet, because it will no longer have to listen to the National Energy Board, for example. The Conservatives will be able to approve projects that had previously been rejected. At the same time, this bill reduces the scope of public participation in the environmental decision-making process. This means that, regardless of the number of people who are opposed to a major energy project and regardless of the grave environmental consequences it may have, Conservative ministers will have the last word.

The elimination of the position of Inspector General of the Canadian Security and Intelligence Service, CSIS, is another move that will have the effect of reducing transparency in government. This move is particularly interesting because the government says that it stands for law and order and for protecting the rights of Canadians. But the Inspector General's duty is to oversee the activities of Canada's spy agency and his position was established as a guard against the breaches of Canadians' civil liberties that CSIS has the potential to commit.

Even worse, the Conservatives are eliminating the Auditor General's oversight of certain agencies. They are reducing the powers of the Auditor General, who is responsible for holding the government to account, by eliminating oversight and mandatory audits of the financial statements of 12 agencies: Northern Pipeline Agency Canada, which is subject to the Northern Pipeline Act; the Canadian Food Inspection Agency; the Canada Revenue Agency; the Canadian Transportation Accident Investigation and Safety Board; the Canadian Institutes of Health Research; the Canadian Centre for Occupational Health and Safety; the Exchange Fund Account, which is subject to the Currency Act; the Natural Sciences and Engineering Research Council of Canada; the Social Sciences and Humanities Research Council of Canada; the Canadian Polar Commission; the Yukon Surface Rights Board; and the National Round Table on the Environment and the Economy.

Across Canada, we are witnessing growing cynicism toward the Conservative government and a lack of confidence in the ability of our parliamentary institutions to represent it. The process by which this bill before us today will become law is an example of why that is the case. For the past several years, we have witnessed an erosion of the function of the House and now this bill is unlike anything the House has ever seen. It is making a mockery of Parliament and the very function and purpose of parliamentary democracy.

As I said earlier, the bill, at 421 pages and enveloping over 700 clauses, including widespread comprehensive changes to laws and institutions that my constituents care deeply about, is not about job creation or prosperity. It is literally a massive job killer, that will directly eliminate 19,200 jobs with a larger effect, estimated by the Parliamentary Budget Officer, of costing Canada 43,000 jobs. That is not jobs, growth and prosperity.

However, not only is this bill's purpose obscured, it also bears the misleading name of “implementing the budget”. As I spoke about this last night, it is not about implementing the budget because it goes so much further than that and it goes against many of the things the Conservatives said during the election campaign.

Bills should reflect a central theme, but this legislation only pretends that changing the role of the Auditor General, scrapping employment equity standards and removing Canada from the Kyoto protocol are issues that have anything to do with one another. It is for this reason that opposition members of the House cannot understand why the measures have all been packed into the budget implementation bill.

Over the past few weeks, opposition members have heard from thousands of Canadians, from coast to coast to coast, who are outraged by Bill C-38. It challenges the integrity of this institution by ramming through these changes in a misleading bill. We as parliamentarians and, by extension, the Canadian public are entitled to the debate and discussion that should occur in this place. Instead, with this bill and with the record number of time allocations and debate closures we have been subjected to as well, it is clear that the government has no respect for Canadians and we should all be deeply concerned.

In short, this bill is a clear and direct threat to my constituents in Argenteuil—Papineau—Mirabel. For this reason, I will be voting against this budget implementation bill.

The House resumed from June 11 consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, as reported without amendment from the committee, and of the motions in Group No. 1.

Pooled Registered Pension PlansGovernment Orders

June 12th, 2012 / 1:20 p.m.
See context

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I am pleased to rise as the last speaker on third reading of this bill. I know you will regret interrupting me because my speech will be so good.

I have spoken to Bill C-38, the pooled registered pension plans act, before. Therefore, I will try to summarize what I think are the four important points and then I will to respond to some of the things I have heard over the last number of readings. I spoke to the bill at second reading and report stage. It is a very important bill and it is the right opportunity available to the government at present.

Previous speakers have said over and over again that there are other options, which other parties have been promoting, including changes to the CPP. However, that requires two-thirds of the provinces with two-thirds of the population to make the changes, and that is not available to us at this moment. The provinces are onside with an opportunity to bring forward legislation of their own to match the pooled registered pension plans act. We can pass something in the House that will affect federally-regulated industries. What is important for me and the residents of my riding is that it is available to all industries.

I believe the Liberal Party is in support of the bill, which we will see when we vote shortly, and we appreciate its support. It has, throughout the discussion, pointed out some areas where it feels there are other opportunities. We do not disagree with that. There are other opportunities.

What I do not understand is the position of the NDP members on the bill. They have an option that they would like to see happen. We have been very clear that the option is not available to the government at this time, but that should not stop members of the official opposition from supporting this tool. It makes no sense to me that they made the claim during an election time that they would come to Ottawa to make things work, to work with other groups that hoped to form government, I guess. Going from third place to becoming government would have been very difficult, but they did very well and they need to be congratulated for that.

The idea those members were selling at election time was they were coming here to work for average Canadians, who they met at the kitchen tables, and they were going to make Parliament work. Here is a perfect opportunity. The bill does not solve all the problems with regard to retirement income that Canadians face now and in the future, but it is a tool, an option and an opportunity that is available and can be supported by all parties. That is making things work for Canadians and that is why they should be supporting it.

The member for Welland said that this was the same as an RRSP. It is not the same as an RRSP. Two things are different. First, employees have six months to opt out. It involves people in the program. It is portable and people can take it with them if they change jobs. That is an important difference from an RRSP, where people have to opt in.

The other comment was that the owners of businesses were saying they could not afford to do it. They cannot afford the RRSP program because they have to manage the process on their own and that is tough for small businesses that only have a few employees. Even for medium-sized businesses, it is a very costly endeavour. The pooled registered pension plan would average out the costs, spread the costs out and would offer ease of entry into the program for employers. It is a perfect tool for employers to keep and attract employees.

One of the issues, maybe not from my generation but from my daughter's generation, is that workers move from employer to employer every three, four or five years. This is an opportunity for employers to use the pension plan to attract and retain employees. It is an excellent program.

We have not voted on third reading stage yet, but I would encourage the NDP to do the right thing and support the bill.

Pooled Registered Pension PlansGovernment Orders

June 12th, 2012 / 11:55 a.m.
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Conservative

Mark Adler Conservative York Centre, ON

The member is right. It is thanks to this government.

We have recovered all of the jobs that we lost during the recession. Since July 2009, we have created 765,000 net new jobs. The World Economic Forum says we have the strongest financial and banking system of any country around the world. Forbes magazine says we are the best place to do business.

A few months ago, Governor Branstad of Iowa said on Meet the Press, “The Canadian government has reduced their corporate income tax to 15%. I've had companies that I've called on in Chicago to come to Iowa say, 'We like Iowa, but if they don't change the federal corporate income tax, we're probably going to go to Canada'”.

It is all about the profits, and with profits come jobs. Moody's has given us a AAA credit rating again, as has Fitch.

Our strong economy, the jobs we have recovered and being number one in the G8 are not good enough. We are not standing still with that. I will be speaking to Bill C-38, the budget implementation bill, tomorrow.

Everything we do on this side of the House, every legislative initiative, has a purpose. Everything is tied together. It is part of our comprehensive plan. Again, it is for Canada's future. We are investing in Canada's future, in our people, not in the next election.

With respect to our retirement system, we have identified that 60% of Canadians will not have a sufficient amount of money to retire. That is unacceptable to the government. That is why we have put forward Bill C-25, the pooled registered pension plans act. Under this plan, we will add a fourth pillar to the retirement income system that we have.

Let us take a look at our retirement income system as it stands today. We have the OAS and the GIS. We increased the GIS in last year's budget by 25%, the largest increase in the history of the GIS, and it was opposed not once, but twice by the opposition. In fact, the first time the opposition forced an election because it was opposed to the initiatives we had in our budget, particularly those to create jobs and to help seniors.

The second pillar is the CPP and the QPP. Both are actuarially sound, yet we still took time to improve the CPP under its mandatory five-year review.

The third pillar is the RPP and the RRSP. The RRSP is an interesting vehicle. That vehicle is open to all Canadians; however, we find that $600 billion is underfunded in the RRSP. This indicates that people are not saving enough for retirement. That is a problem.

What else have we done to help seniors in this country? We have given them, on average, $2.3 billion in tax relief. We have given our seniors pension income splitting. We have doubled the maximum amount of income eligible for pension income credit. We have established the TFSA.

The PRPP is needed in our country. I will close with a personal anecdote. My father was an immigrant to the country and he worked hard. I remember when I was a young fellow looking through the window late at night, waiting for my father to come home. He would pull up in the car, which had a very distinctive sound. I remember running to the window and watching him get out of the car. He was so tired he could barely drag himself out of the car and get into the house.

My father did not have a retirement income mechanism in place at the time. My father has since passed away. My father owned a shoe store and had one employee. It was a small business. This would have been so beneficial for him and his family, and for the employee and her family.

This is the kind of country we are trying to create in Canada, where our seniors have a proper amount of income so that they can retire in dignity and live a full life of quality.

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 11 a.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I have two very quick points.

I appreciate my colleague making reference to page 667 of O'Brien and Bosc in regard to the amount of time allocation for any stage not be less than one sitting day. That provides clarification in terms of the point of order that my colleague had raised.

My question is for the government regarding Conservative backbenchers on Bill C-38.

We had an individual from Kootenay—Columbia, a Conservative member of Parliament, who made fairly profound statements. It is on YouTube if people want to click into it. He makes reference to the Conservative backbenchers and feels that they are not a part of Bill C-38. It sounded as if the backbenchers were blindsided by this.

Why were the Conservative backbenchers not allowed to engage the cabinet on this Trojan Horse bill? Were they consulted? Was the member from Kootenay—Columbia wrong when he sat down with his constituents to discuss the issue or was the government negligent in not working with the Conservative backbenchers on the issue?

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:45 a.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, the government House leader makes some interesting points.

He talks about the usual circumstances but, if members will remember, just yesterday in the Speaker's ruling on trying to allocate the number of votes and amendments to Bill C-38, the omnibus Trojan Horse budget bill we are talking about, the Speaker himself a number of times referred to these as extraordinary circumstances. Part of the reason for that is that this is an extraordinarily bad bill, massive in its implications and broad-sweeping.

To suggest that the government, and I want to get this right, in my friend's motion, seeks to have a distinction between “a” sitting day and not “the” sitting day is a debate that may be lost in its minutiae on Canadians, yet is important in its implications of what the government is doing.

We are in the midst of debating another closure motion from the government, another motion to shut down debate. It is the 26th time the government has moved time allocation and closure in this House. Twenty-six times is a lot for any government, in fact a record that the government seems proud to be breaking and setting anew for Canadian democracy.

The question and the challenge we have with this motion is that in redefining what “a day” is, the government is essentially trying to further speed its agenda through the House of Commons, to further shut down the amount of time MPs have to understand the implications of more than 420 pages of a budget implementation bill, and to further suggest to Canadians that the House of Commons and the members of Parliament do not have the responsibility to hold government to account.

We in the NDP take this job extremely seriously. I lament the fact that my friends across the way do not share that responsibility and feel that shutting down debate, invoking closures and time allocations, should be de rigueur for the government, and I lament that we are now into a debate about defining what the difference is between “a” sitting day and “the” sitting day and trying to pretend that this is somehow a normal circumstance.

There is nothing normal about the circumstance at all. It is extraordinary, as the Speaker of the House said just yesterday. If the Speaker wants to rule that we are going to change the definition of a day, and the government seems so encouraged to change the definition of what debate and democracy may mean, the government has a certain ease with which it is removing principles it used to hold, principles that it actually said at one point—

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:35 a.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, I am rising in response to the point of order raised by the hon. member for Winnipeg North.

Standing Order 78(3) states that the amount of time allotted to any stage of a bill shall be not less than one sitting day. However, it also does not mean we should not take that particular reference to be interpreted as the length of the sitting day on which the bill is scheduled for debate or when the motion is moved.

Standing Order 78(3) affords the government the option to allot a specific number of “days” or “hours”. Sometimes time allocation motions allot sitting days. When a motion refers to a sitting day, we take the timeframe of a sitting day literally. It does not mean how long the day is or what the circumstances dictating the time available for government orders might be. On other occasions, time allocation motions have allotted hours. The hours allotted in those motions were respected.

Let me give some examples. On November 13, 1975, a motion allotting five further hours for the second reading stage of Bill C-58, which amended the Income Tax Act, was adopted; similar motions were adopted on March 10, 1976, for Bill C-68 amendments to the then Medical Care Act; on March 29, 1977, for Bill C-27, the Employment and Immigration Reorganization Act; and on November 22, 1977, for Bill C-11, another bill to amend the Income Tax Act. In relation to Bill C-18, the National Transportation Act, 1986, a motion allotting four hours for report stage and four hours for third reading was adopted on June 15, 1987.

Most recently, the House adopted two such motions last Thursday, June 7, 2012. One allotted five hours for third reading of Bill C-25, pooled registered pension plans act, and the other allotted seven hours for second reading of Bill C-24, the Canada–Panama free trade bill. Needless to say, both motions were in order last week and each was adopted by the House.

Of interest, regarding the 1987 case, the report and third reading stages happened to be the second order of the day called by the government on each sitting day, and the debates were interrupted by the Speaker after the expiry of the time provided for in the time allocation motion but before the end of government orders. It should be further noted that on both occasions, after Bill C-18 was dealt with, the government called a third order of the day.

Looking at our recent example of Bill C-25, yesterday's order paper said we had 2 hours and 24 minutes of debate remaining on the bill. Had we resumed debate on it at 3:00 p.m., after question period last Thursday, the debate would have ended before the end of government orders at 5:30 p.m. With routine proceedings and the consideration of procedural motions, it is not inconceivable to end up with a situation where only a few minutes are available to debate a bill on a given ordinary sitting day. Those few minutes would satisfy the minimum requirement of Standing Order 78(3) if the motion allotted one sitting day.

Our motion refers to hours. When dealing with hours, it makes more sense to interpret the minimum requirement of one sitting day differently because the number of available hours could vary from day to day.

As members are aware, not every sitting day is the same. Under the usual calendar, five and a half hours are set aside for both routine proceedings and government orders on Mondays; six and a half hours on Tuesdays and Thursdays; two and a half hours on Wednesdays and Fridays. The longer routine proceedings take, the less time there is for government orders. When allotting hours, the reference to one sitting day should be interpreted as a sitting day and not the sitting day on which the bill has been scheduled for debate.

I would argue that when referring to hours in a time allocation motion, the minimum allotment of hours should be consistent with the shortest day available under the current Standing Orders, and that is two and a half hours, and that assumes we breeze through routine proceedings in a heartbeat. Of course, our motion contemplates ten hours of debate for report stage and a further eight hours for third reading, which in both cases is at least three times the two and a half hour figure I just cited.

On three of the five sitting days each week, the time available for government business is routinely no more than five hours. Some may ask what impact there may be, given that we are operating under extended hours. I would say it should not be a relevant consideration. Calling government orders is the prerogative of the government. In other words, any item on the order paper could be called this week or this fall, when we are not in extended sittings. However, should the fact we adopted a motion yesterday under Standing Order 27(1) bear relevance to the chair's consideration, let me advance two further points.

First, Wednesday, tomorrow for example, would have at most eight hours for government orders, and the coming Friday is operating in the usual schedule, with two and a half hours for government business.

The government could, if it so chooses, call Bill C-38 on either of those dates, and yet 10 hours could not be fully used in a single day. In fact, I believe everyone understands that we will be calling Bill C-38, in part, tomorrow.

Second, the 1987 precedent that I cited earlier speaks to our present circumstances. On Friday, June 12, 1987, the House adopted a special order respecting sitting hours, effective the following Tuesday. Now, recall that the time allocation motion was adopted on Monday, June 15. The House, knowing that extended hours were upon it, adopted the time allocation order for four hours for each of two different stages of the bill.

Report stage was called on Tuesday, June 16, as the second order of the day, and after all of the recorded votes at report stage there were still a couple of hours left in the day for a third item of government business. Third reading followed the next day, when again there was more than ample time in the day to accommodate that debate.

Looking at the cases I cited earlier, but in both the case of Bill C-18 in 1987 and Bill C-25 on Thursday last week, the minimum requirement of one sitting day was not interpreted by the Speaker as the length of the days on which either bill was scheduled.

Although no ruling was then given in 1987, I would submit that Mr. Speaker Fraser likely interpreted the length of the shortest available day to be the minimum time required by the Standing Orders, and as far as I can surmise, it would also have been the view of the Speaker last week.

Accordingly, I believe our motion should be allowed to stand for the same reason that it allots a greater number of hours than the shortest day on which it could be scheduled. Indeed, it will be a longer number of hours than in the normal circumstance would be provided any day at any other time of the year that we would be debating it in the House.

I believe the precedents are amply demonstrative that the motion you have before you, Madam Speaker, is in order.

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:30 a.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Madam Speaker, absolutely not. What is in Bill C-38, budget implementation act one, is exactly what we heard from Canadians in consultation across this country. We need to make government more effective. We need to make government reflect the value of Canadians. There are lots of people looking for work. There are lots of people in the hon. member's province looking for work. The improvements to EI would provide them a conduit to find jobs within their region and skills sets. That is only common sense.

That is what this entire budget implementation act is all about. It is making sure that we protect the fisheries where it is important to protect them, not on my back forty out in southern Alberta where there never has been a fish. Those are the challenges we are facing. The old Liberal government liked to maintain a process in Fisheries and Oceans that actually impeded productivity on the Prairies and we have said that is not right. Let us focus our money and efforts where they are needed: in protecting the fishery.

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:25 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the hon. parliamentary secretary will find little dispute from me about the time spent by the hon. member for Burnaby—New Westminster. It is irrelevant to this debate. That was not blocking any discussion of Bill C-38 because it had not been tabled at that time.

I dispute the sort of nonsense we have heard from the government House leader that there has been abundant debate. Budget bills between 1995 and 2000 averaged 12 pages long. It has been only this Conservative brand, under the current Prime Minister, that has taken budget bills and made them Trojan horses. It was 800 pages in 2010, and now a 420-page bill changing environmental assessment and fisheries and only 12 hours of witnesses in a committee. That is an outrage.

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:20 a.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, this represents the 26th time that the government has invoked time allocation and closure, shutting down debate and thereby breaking a record of previous governments.

Never before have we seen a bill like Bill C-38, the Trojan Horse budget bill. The government will claim that there has been a lot of debate. With 720-plus clauses, more than 400 pages and more than 70 acts of Parliament which would either being changed profoundly or ruined altogether, we have raised concerns from the opposition and from the voices of Canadians from coast to coast to coast. In this Trojan Horse of a bill, hundreds upon hundreds of pages, the implications of which Canadians can perhaps be fearful of a government that so fears transparency, we have raised opposition to these time allocations.

Our words have not swayed it, nor have the words of Canadians who are fearful of what the government plans. Perhaps the words of the Prime Minister may sway the government. When he was in opposition, and maybe his principles have since changed, he said the following:

Madam Speaker, this will be the only opportunity I have to address [this bill] in the Chamber. I was not able to speak to the bill at second reading because there was time allocation then. Now there is time allocation at report stage....It is unfortunate that in the end most members will be lucky to have 10 minutes to speak to this bill.

Where have those principles gone, for the need to have democratic debate in this House—

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:15 a.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than 10 further hours shall be allotted to the consideration at report stage of the Bill and 8 hours shall be allotted to the consideration at third reading stage of the said Bill; and

that, at the expiry of the 10 hours for the consideration at report stage and at the expiry of the 8 hours for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Bill C-38PetitionsRoutine Proceedings

June 12th, 2012 / 10:15 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise here this morning to present two petitions.

The first group of petitioners are from across Canada: from Alberta, Nova Scotia, British Columbia, Ontario and Quebec. The petitioners are calling on the government to withdraw Bill C-38, because it is illegitimate and because it affects and repeals important environmental protection legislation.

Budget Implementation BillPetitionsRoutine Proceedings

June 12th, 2012 / 10:15 a.m.
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Independent

Bruce Hyer Independent Thunder Bay—Superior North, ON

Mr. Speaker, I would like to present a petition on behalf of residents from across Canada, from British Columbia, Ontario and Quebec, who have great reservations about the government's omnibus budget implementation bill. The petitioners recognize that many measures in Bill C-38 were not mentioned in the March 29 budget at all, and many have nothing to do with implementing a budget.

Further, they note that omnibus legislation such as this subverts the parliamentary process because there is no way to properly scrutinize mammoth bills like this. They petition the government to withdraw Bill C-38 and to start over.

June 12th, 2012 / 9:45 a.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

I see.

You mentioned before in earlier testimony today the seven years it took to consult aboriginal groups, which I'll get back to in a second. Under the new regime outlined in Bill C-38, large development decisions can be overridden by cabinet if they're judged to be important. What do you think the first nations will think about this decision and change? What effect will that have on the idea of the honour of the crown?

June 12th, 2012 / 9:35 a.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Thank you very much, Mr. Chair.

Mr. Julian has raised a point that I would love to follow up on with Ms. Babcock. I was speaking last committee to the Mayor of Dawson, and asked him this very question. I think the Yukon is uniquely poised to speak, with what's already happened in the Yukon, to what we're proposing to do with the environmental process across the rest of Canada with Bill C-38.

You have a one-window process where you have one environmental impact assessment. I'm assuming the process is through the most stringent regulator, and I'm just wondering, has your experience in the Yukon been that environmental integrity is compromised at the expense of development, or has it actually been seen as a positive on the environmental side as well as on the investment and development side?

June 12th, 2012 / 9:30 a.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you for that.

I'd like to ask both of you, and I'll start with Mr. Graham, about the issue of social licence. You raised that, Mr. Graham. That is a real concern that's been raised around Bill C-38. The environment commissioner testified a few weeks ago before a subcommittee studying Bill C-38 that the number of environmental assessments nationally will move from 4,000 to 6,000 down to 20 or 30. So a lot of mining projects and energy projects will be excluded from a federal environmental assessment.

Have you any concerns about that? Certainly a lot of Canadians have raised concerns about losing that social licence, when the federal government is basically eliminating the vast majority of environmental assessments in the country.

Canada Revenue AgencyAdjournment Proceedings

June 12th, 2012 / midnight
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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeParliamentary Secretary to the Minister of the Environment

Mr. Speaker, it is my great privilege to address my colleague for the first time in the House. I want to congratulate her on her fortitude in staying here until this late hour. I know she has a family and it speaks to the courage of some of the women parliamentarians in the House.

At this point in time, especially with the debt crisis in Europe, it behooves our government to look at ways to ensure that our financial house is in order. We are doing so in large part with budget 2012 and part of the bill that we debating tonight, Bill C-38. The goal of the bill is to ensure balanced finances, while spurring job creation and economic growth. We have the made in Canada approach to ensuring the long-term prosperity of our country.

With that, we need to ensure that core services are still delivered and that the responsibilities of government are maintained and carried out. On my colleague's question about her specific riding and the tax centre therein, I am certainly not in a position to comment on rumours or speculation. However, our government will ensure that core services are delivered and that we are wise stewards of taxpayer funds.

She made some good comments about looking at job creation and ensuring long-term growth in the country. I would ask her to look at some of the policies we have put in place over the last few years since we became government. Since July of 2009, our economy has created over 760,000 net new jobs across the country, over 90% of which are full time and many of them in Quebec. It is that track record that we seek to improve upon, while delivering core services and ensuring the stability of our social program funding for Canada's long-term prosperity.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 11:40 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I rise to speak tonight about the opposition's intransigence with respect to the passage of Bill C-38, the jobs, growth and long-term prosperity act, and to speak against the opposition's attempts to delay and defeat this important economic legislation.

The NDP and its opposition cohorts are engaging in all sorts of games to hijack this important piece of legislation. In response, I would like to remind them that Canadians do not care for procedural games. They want their elected representatives focused on what matters to them: jobs and the economy. This is especially true in a period of such volatile global economic turbulence.

Unfortunately it does not seem that the NDP and the other opposition parties are willing to do that. Canadians are noticing and they are shaking their heads. For the benefit of the NDP, let me quote a recent Toronto Sun editorial. I am going to quote extensively.

As Europe stands poised on the brink of a disastrous economic wildfire that could blacken the world, the [NDP leader's] hypocrisy and self-obsession is in full flame...vowing to delay the passing of [economic action plan 2012] by playing silly...with amendments and procedure....This is nothing but grandstanding....This is a budget designed to create jobs and inspire economic growth, and it comes to the House of Commons at a moment that can only be described as the 11th hour of a global economic conflagration....Right now, there is only one enemy in our fight to protect Canada from the repercussions of Europe's burning. And it's...[the NDP leader]. This is inarguable.

The quote describes the NDP as the enemy of our efforts to protect Canada and protect our economy. I could not agree more. Why? Because I understand that Bill C-38, the jobs, growth and long-term prosperity act, is in the best interests of all Canadians. By implementing key elements of economic action plan 2012, this bill would equip Canadians, regardless of whether they are workers, business owners or retirees, with the tools that they need to address the challenges that lie ahead, and to succeed for the long term.

It would include measures that would leverage the enormous economic potential of Canada's increasingly important energy and natural resources sectors. Natural resources, including energy, mining and minerals, processing and forestry, already represent almost 10% of our economy, and provide nearly 800,000 Canadians with employment and income.

My riding of Wild Rose is extremely diverse. It is home to people from all walks of life, engaged in practically every sector of our economy, all striving to build a better future for themselves, their families and their communities, whether they are working in agriculture, tourism, forestry, oil and gas, or the manufacturing and service industries that rely on those sectors' products. They rely on responsible development of the natural resources that we are blessed to share.

From growing up and working on the family farm near Olds, I know how important it is to be a good steward of our environment. It does not matter if one is driving a combine near Didsbury, checking a gas well near Cochrane or running a bed and breakfast in Banff, people make their living directly from the environment. There is a vested interest in making sure their children and grandchildren have the same opportunity.

I am proud to support our government's plan for responsible resource development that is within the jobs, growth and long-term prosperity act. Through this act, we would be able to streamline the review process for these types of projects while protecting the environment under an effective and efficient regime based on the principle of one project, one review, and within a clearly defined time period. In the past, these delays could kill potential jobs and stall economic growth by putting valuable investments at risk.

We would also be adopting strong new measures to protect the environment, including making environmental impact decisions enforceable with the full weight of the law, adding stiff new penalties for non-compliance with those decisions, and adding new funding to enhance marine shipping and pipeline safety.

Furthermore, we would also extend the temporary 15% mineral exploration tax credit for flow-through share investors for an additional year to support mineral exploration.

These actions are fundamental to maximizing Canada's long-term economic potential at a time when this objective has never been more important.

It is estimated that energy and other major resource projects could generate more than $500 billion in new investment in Canada over the next 10 years, and that scale of investment could make a real difference in insulating Canadians from the sort of economic problems making headlines elsewhere in the world.

Bill C-38 would also improve Canada's employment insurance program, with a focus on promoting job creation, removing disincentives to work, supporting unemployed Canadians and quickly connecting people to available jobs. At the same time, it would ensure stable, predictable EI premium rates by eliminating premium rate increases to 5¢ each year until the EI operating account is in balance and then moving to a seven year break-even rate. It would help build a fast and flexible economic immigration system to meet Canada's labour market needs. It would also make gradual adjustments to the old age security program to put it on a sustainable path for future generations.

At the same time, the bill would legislate our government's commitment to sustainable and predictable transfers to provinces and territories in support of health care, education and other social programs and services that are among Canadians' highest priorities. This includes extending total transfer protection to 2012-13 to ensure that a province's total major transfers in that year are no lower than in a prior year, representing $680 million in support to affected provinces.

The jobs, growth and long-term prosperity act would modernize Canada's currency by gradually eliminating the penny from Canada's coinage system.

It would modernize the back office of government, refocusing programs and services to make them more effective and efficient and making it easier for Canadians and businesses to access them.

For families, including some of the most vulnerable, the bill would expand health related tax relief and income tax systems to better meet the health care needs of Canadians while also helping Canadians with severe disabilities and their families by improving the registered disability savings plan.

Last but not least, Bill C-38 would help ensure Canada's housing market remains strong and stable by enhancing the governance and oversight framework for the Canada Mortgage and Housing Corporation to ensure its commercial activities are managed in a manner that promote the stability of the financial system.

As part of these improvements in mortgage oversight, the Office of the Superintendent of Financial Institutions, or OSFI, would be given a role in assessing CMHC's commercial activities, particularly its mortgage insurance and securitization programs. These changes would contribute to improving governance and oversight of mortgage lending practices in Canada, contributing to the stability of the housing market, which will benefit all Canadians.

Those are just a few of the specific measures in Bill C-38 that we would like to enact for the benefit of Canadians. However, for that to happen, we need to get the jobs, growth and long-term prosperity act through Parliament. If the opposition wants to debate these measures on substance, the government has shown it is more than willing to respond.

In fact, Bill C-38 has already received the longest House of Commons debate at second reading and finance committee consideration of any budget in at least over two decades. A special subcommittee was struck to review and further debate the responsible resource development section as well. At the finance committee there were nearly 70 hours of hearings and literally hundreds of individuals who spoke to the legislation and its importance, for example, groups like the Canadian Federation of Independent Business that called economic action plan 2012 “positive news for small business”.

Coming out of the global recession, Canada finds itself on remarkably stable footing. We have relatively low debt levels as compared to other industrialized nations and a plan to eliminate the federal deficit. As a result of this, we have a tremendous opportunity. Out of the fires of this current economic crisis, a stronger Canadian future is being forged. With continued economic and trade growth, we can continue to develop our country's role as a true leader on the global stage. That is what this federal budget is all about.

Our government intends to continue moving in a direction of strong economic growth, low taxes and long-term prosperity that will benefit all Canadians.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 11:35 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, my colleague is absolutely right. We are dealing with changes to the Fisheries Act in Bill C-38 that would have a very detrimental impact. At the same time, people in the fishery are also being hit as the Department of Fisheries and Oceans makes serious cuts. The latest one we have learned about is that the department is no longer going to issue tags for lobster traps. Therefore, there will be no way to keep track of whether people are fishing legally or illegally. This will fly in the face of all the conservation efforts and attempts to control that the fishermen have been engaged in for so many years.

Let me say in conclusion that his colleague, the member for Etobicoke North, sat with me and colleagues on this side night after night as we listened to representations in the subcommittee. I know that she has as many concerns as I do with the way those witnesses were being dealt with.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 11:25 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to get up and speak for a few moments this evening about this important piece of legislation.

I am somewhat confused by the responses of the members opposite when they say a couple of things. They say that this is common sense way to deal with a number of problems, by introducing an omnibus bill that changes 70 important pieces of legislation; it is a common sense approach to dealing with important matters; it is simply a way of growing the economy, creating jobs and moving the country forward; and that a lot of the changes they have introduced in the legislation are important changes that will benefit the country, and that they are very proud of them.

What I cannot get over is, if that in fact is the case, then why do they not take some time to consider each one of those changes? For example, when we look at the changes to the employment insurance system contained in the bill, none other than the four Atlantic premiers have come out in the last few days and said they have very serious concerns about the proposed changes. They have not been consulted and would like to examine those changes.

We have talked a lot in the House over the past number of weeks about the changes to the Fisheries Act. Contrary to what one member opposite said, many of us have looked at the bill, examined the changes that have been made and have listened to a number of experts who have considered what the impact will be. As recently as this afternoon, the Great Lakes Fishery Commission came before our fisheries committee to talk about invasive species. They spoke to a resolution that had been passed and forwarded to the Prime Minister and the Minister of Fisheries and Oceans by the advisory committee to that commission, asking that the government engage in further consultation on the changes to the Fisheries Act, and failing that, that the government recognizes that the definition of fisheries habitat it has used is completely and utterly inadequate. They suggested different language in order to do that.

That does not sound to me as if the people who are affected by the legislation are understanding or being supportive of these changes. Therefore, what is confusing me and confusing many Canadians who are being directly affected by the legislation is that if government members are as proud as they say they are about the changes they are trying to implement, why do they not take time to talk with Canadians about what they are proposing to do and make sure that everyone is on board?

Unfortunately, what we have seen over the past number of weeks is the government hell bent on getting the legislation through. It is trying to prevent Canadians actually seeing what is in the bill and understanding what is here.

The member before me spoke glowingly about the changes to EI, the changes to the temporary foreign workers program, and the changes to the Fair Wages and Hours Act and how this was going to help employees. What they are doing with those three changes alone is driving down the wages of working people in our country so they will not be able to afford to purchase goods and services in our communities. How in the name of heaven is that supporting the economy in Atlantic Canada or in the member's own constituency? I would like him to give that some consideration.

I was on the subcommittee of the Standing Committee on Finance that considered Bill C-38, the 70 pieces of legislation that were being affected, and we had only 14 hours to do that.

We had 14 hours to consider the employment insurance changes and the Fisheries Act changes. The Canadian Environmental Assessment Act would be completely repealed and replaced in Bill C-38. We had 14 hours to examine and to listen to representations by Canadian experts, by people who would be directly affected by this legislation. These people came before us and told us what they thought about it. They told us how the bill would affect them and the issues that they are interested in. They brought their expertise before us. It was revealing. I learned a great deal from both those who supported the legislation and those who were opposed to the legislation.

However, what concerned me the most, as a parliamentarian and as someone who has some experience in legislation, in dealing with these matters, was the dismissive way that many of these witnesses were dealt with. I was disgusted, frankly. Members opposite, members of the government side, challenged anyone who raised any questions. They treated them poorly. In fact, if we look at the subcommittee's report that was tabled in this House when the finance committee reported back to this House, we will see a report that is nowhere near reflective of the testimony that we heard in those 14 hours.

Let me give an example. The Grand Chief of the Assembly of First Nations, Chief Atleo, came before our committee. He told us in no uncertain terms how upset he and his people were. They had not been consulted, the government had completely ignored the duty to accommodate and the duty to consult that has been reaffirmed in Supreme Court decisions over the past 20 years. The changes being proposed in a number of pieces of legislation do not consider the role that the first nations play in this country. It would create extraordinary hardship and extraordinary damage to many of the things that the first nations people in this country hold dear.

Do members see that sentiment reflected in the subcommittee's report? Not a word. Grand Chief Atleo's testimony is not even referred to once in the subcommittee's report. How can that be? We are talking about the Assembly of First Nations that represents over 600 first nations communities in this country, first nations that have rights, treaty rights, constitutional rights that have been defined by and confirmed by the Supreme Court. His testimony and the concerns of the first nations people in this country are not even reflected once in that report.

Members opposite are laughing. They think this is a great joke. But let me say that as a member of this chamber, I am thoroughly embarrassed and disgusted with the way that this matter has been handled. It is so disrespectful of the people who have taken their time to come before us to provide testimony. It is as though, if anyone disagrees with the current government, whether it is a member of the National Round Table on the Environment and on the Economy, or Grand Chief Shawn Atleo or members who came before us today of the Great Lakes Fishery Commission, or anyone who has any objection with the government, the members will shout them down, they will rule them out, they will not include them in their reports. It is shameful behaviour. I am telling members that Canadians are paying attention and they are not going to stand for this. They are not going to stand being railroaded by the government.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 11:20 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, during the subcommittee hearings reviewing part 3 of Bill C-38, Ms. Rachel Forbes, staff counsel for West Coast Environmental Law, said that she did not believe that the proposed amendments and the new legislation as currently drafted would accomplish any of the government's four pillars, namely, more predictable and timely reviews, less duplication in reviewing projects, strong environmental protection, and enhanced consultation with aboriginal peoples, but might actually hinder them.

My question is, what are the projected costs of the repeal of the Canadian Environmental Assessment Act to the provinces and territories?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 11:05 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, I would like to give my hon. friend some data. In 2008 the climate change performance index ranked Canada 56th of 57 countries in terms of tackling emissions. In 2009 the Conference Board of Canada ranked Canada 15th of 17 wealthy industrialized nations on environmental performance. I could give 2010 and 2011 data that is similar.

The hon. Thomas Sidden has repeatedly voiced concerns regarding Bill C-38. He said the government is totally watering down and emasculating the Fisheries Act. The government is making Swiss cheese out of it.

I am wondering if the hon. member could comment on the Conservatives' repeated failing grade on the environment.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 10:35 p.m.
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Conservative

Ed Holder Conservative London West, ON

Madam Speaker, I am proud to be here to speak in favour of Bill C-38. As I do, I reflect on much of the debate that has gone on, not just tonight, but the constant hours and hours of debate that have gone on in the finance committee. The amount of time that has been allocated to the bill and is still yet to come is unprecedented.

I find as I listen to colleagues opposite, while I have great regard for them, I hear more questions about the process than I do about actual questions about the budget. Therefore, it strikes me that while at one point there is a lot of broad talk about the importance of being able to ensure that we spend more time talking about the budget, it feels more like talking about talking. That is the concern I have.

Members in the House have heard me say in the past a great comment that my Cape Breton mom used to say, “After it's all said and done, there's a lot more said than done”. I really feel in some respects that this is what we have as this circle goes around and around.

In my city of London, in my riding of London West, people are concerned about their families and the economy. I get comments about how the Conservatives have handled that relatively well in the worst recession in all of our lifetimes, not just in the House, but Canadians throughout the country. We weathered that with high marks. We have created some 750,000 jobs, most of them full-time since that time as well. That is positive. We have the strongest financial institutions in the world. We are the envy of the G20 countries.

It would be great if I could ask members opposite to come forward and say that they are proud of this as well because there are some things that we do that we can take pride in as a country. We have those opportunities. There are rare times when members come together in solidarity and say “This is something that matters to us”. We respect the importance of Canadian workers, the people who are trying to do the best they can for their families.

There is a greater optimism now than there has been in some time. There are a lot of countries in the world, tragically, that we are glad we are not there because their tragedy and their stories are very suspect. I think their futures are much more bleak than Canada. I have great optimism for Canada, so I would invite members opposite to share some of that optimism.

I have some formal comments I would like to make because I think that is all part of this process as we try to get into some of the specifics of it.

The bill in front of us, Bill C-38, the jobs, growth and long-term prosperity act, is intended to bring into force significant measures that we have introduced to ensure the long-term strength and sustainability of Canada's economy and its finances. Despite what others would say, these are measures that are decisive, effective and above all, fair.

It is said that if one wants to anticipate how one acts in the future, then look how they have acted in the past. I am exceptionally pleased and proud of how the government has respected our seniors. One just has to look at some of the incredibly positive benefits the government has provided seniors since coming to government, all to make the point that there is no greater respect than honouring those who have built our country and given us the many opportunities that all of us enjoy today.

I am honoured that our government introduced, then doubled the pension income credits for seniors to $2,000. The most dramatic benefit for married seniors has come in the form of pension income splitting, allowing Canadian seniors who receive qualifying pension income to allocate to their spouse, or common law partner with whom they reside, up to one-half of that income. That is phenomenal.

The government increased the age limit for converting RRSPs to RIFs. The tax-free savings account, or TFSA, is one of the most tax-effective and novel ways for seniors, in fact for all Canadians, to benefit. Canadians currently benefit from a retirement income system that is recognized around the world as a model that succeeds in helping Canadian seniors and we want to keep it that way for future generations.

That is why this bill, the jobs, growth and long-term prosperity act, would ensure that it remains that way now and, frankly, for generations to come. We took action in this regard because quite simply, the old age security program was designed for a different time.

Let me give some background. Most members of the House will realize this and some will have to read it in the history books because they are a little younger than others. However, we have very bright young members who would get this. In the 1970s there were seven workers for every one person over the age of 65. In 20 years, there will only be two.

In 1970, life expectancy was age 69 for men and age 76 for women. Today, it is age 79 for men and age 83 for women. At the same time, Canada's birth rate is falling.

The good news about these statistics, though, is that Canadians are living longer and healthier lives, but there are fewer workers to take their place when they retire.

Here is the reality: Canada has changed. Therefore, old age security must change with it if it is to serve the purpose for which it was intended while remaining sustainable and reflecting evolving demographic realities.

If we were to remain complacent in the face of these developments, it would be financially unsupportable in the long term. The cost of the OAS program is scheduled to rise from $38 billion in 2011 to $108 billion in 2030. Clearly that is not sustainable, and not acting for Canadian taxpayers who expect this benefit when they retire would be economically irresponsible. In a caring country committed to its people, the government has an obligation to balance care and cost.

It is important for members of this House to realize that the OAS program is already the single largest program of the Government of Canada.

A recent National Post editorial stated:

Unlike the CPP, OAS is funded out of general government revenues, and will eat up more and more tax dollars as Baby Boomers enter their senior years.... That is not something that we can afford to ignore.

I would just challenge members. If they have never read the book Boom, Bust & Echo, which talks about the demographic reality, the changes that are coming through, such that the baby boomer generation is the one that is going to create the greatest demands on our social system, I would encourage them to read it just to give them some of the background. I think it would help all of us to understand better.

With the passage of Canada's jobs, growth and long-term prosperity act, the age of eligibility for OAS and the GIS would be gradually increased from the age of 65 to the age of 67, starting in April 2023, with full implementation by January 2029. It is intended in that way to give the gentlest implementation and give a lot of advance notice for people to be able to plan and prepare. This change would not affect anyone who is 54 years of age older as of March 21, 2012. I feel it is a responsible and measured approach for taxpayers, particularly with those who have an expectation of these benefits and who expect and deserve no less.

To improve flexibility and choice for those wishing to work longer, our government will also allow for the voluntary deferral of the OAS for up to five years, starting July 1, 2013. This would provide the option for people to defer take-up on the OAS to a later time and receive a higher annual actuarially-adjusted pension as a result. The adjusted pension would be calculated on an actuarially neutral basis, as is done with the Canada pension plan.

This would mean that on average, individuals would receive the same lifetime OAS, whether they choose to take it up at the earliest stage of eligibility or defer it to a later year. The annual pension would be higher if they choose to defer. GIS benefits, which provide additional support to the lowest-income seniors, will not be eligible for actuarial adjustment.

These sorts of changes are in keeping with international best practices, as many OECD member countries have recently planned or are announcing increases to the eligibility ages for their public pensions and social security programs, including—and this is a long list—Australia, Austria, Belgium, the Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Ireland, Israel, Italy, Japan, Korea, the Netherlands, the Slovak Republic, Slovenia, Spain, Turkey, the United Kingdom and the United States.

However, these are not the only areas where Bill C-38 would implement improvements to OAS.

The bill would also improve the way we administer OAS for Canada's seniors, while at the same time generating operational savings. The act would do so by putting in place a proactive enrolment regime that would eliminate the need for many seniors to apply for OAS and GIS. This measure would reduce the burden on seniors of completing application processes and it would reduce the government's administrative costs. What a boon that is going to be to seniors.

With the passage Bill C-38, proactive enrolment will be implemented under a phased-in approach from 2013 to 2016.

It is interesting that Gordon Pape, the noted financial columnist, also applauded this move, calling it:

...a welcome elimination of bureaucratic red tape that should have the effect of putting a lot more money into the hands of seniors....This means that many people will no longer have to apply for benefits when they turn 65 – the payments will come automatically. The potential gain for seniors is huge.

The federal government's task force on financial literacy reported that an estimated 160,000 seniors who qualify for old age security are not receiving benefits because they have not submitted a formal application. The loss in pre-tax income to these people is almost $1 billion.

However, the changes that simplify—

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 10:20 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Madam Speaker, with Bill C-38, when I talk to other members of the House and others who have been around for a while, I feel that we are witnessing a massive transformation of our country as we know it and, unfortunately, it is our future generations who will bear the consequences of these reckless actions today.

We are told that somehow all the budget cuts are necessary in these difficult times. We have the cutting and slashing of the programs that we as Canadians value, and legislation that protects us is also being cut, all this against a backdrop of massive corporate tax cuts.

I would like to remind the members of the House that, between 2006 and 2014, the government will have given over $220 billion worth of corporate tax cuts to the corporations that do not need this money. We can just think about what $220 billion could do for our country.

In addition to that, we have had over $50 billion stolen out of the employment insurance fund. Now, fewer than 60% of those who are eligible receive this money because of the fact that the government wants to make more cuts.

This massive 421 page bill not only contains measures outlined in the budget, but includes many previously unannounced changes. A full one-third of Bill C-38 is dedicated to the gutting of environmental regulations and protection.

In addition, the bill includes a series of previously unannounced measures that will contribute to a less transparent and more secretive environment, including a massive gutting of the powers of the Auditor General.

Among other things, this bill raises the eligibility age for old age security and guaranteed income supplement benefits from 65 to 67. It weakens the environmental assessment system and the measures to protect fish habitats, in order to expedite approval of large projects, including pipeline projects.

This bill also repeals the Fair Wages and Hours of Work Act, which will allow employers to circumvent the wage rates set by unions for construction workers hired on projects funded by the federal government.

This is an important point. This was outlined by my colleague, the member of Parliament for Winnipeg Centre, who found this one line in the budget that basically guts the rights of construction workers to have contracts that must pay the prevailing wage. Combine that with other recent Conservative legislation that allows contractors to get temporary foreign workers within 10 days, eradicating fair wages and hours from the laws, it is yet another nail in the coffin of Canadian labour rights.

International brokers or, as my colleague from Winnipeg Centre described them, labour pimps, pedal foreign workers from all over the country for construction projects. What does this mean? Soon, all a company will have to do is post an ad in the paper saying that it wants carpenters for $8 an hour, no overtime and no benefits. In the likely event that nobody applies within 10 days, international labour pimps can be called to provide all the manpower needed at the prevailing provincial minimum wage.

It does not take a lot of imagination to see how such an easy access to cheap labour will drive down construction costs on the backs of Canadian workers in the largest employing industry sector in the country and the trickle down effect this will have on our economy.

I have a few letters that I would like to read into the record that I have received, as all of us have from our constituents. One letter is from Castlegar. A constituent writes:

It therefore is distressing in the extreme to see the Conservative party taken over by a distorted...world view that has more in common with the current state of the Republican Party in the USA than it does with the kind of conservatism practiced over time in Canada. Voter suppression, unlimited power to corporations, the suppression of science and denial of scientific knowledge are not historically Canadian practices....

This is another quote:

I am becoming very disheartened about our country, due to the threats to our democracy...and the potential disasters that could befall our northern coast and rivers if the pipeline is approved.

Please continue fighting this ludicrous project! I spent many years on Haida Gwaii and know the challenges of running boats in those northern waters. Even when things are “normal”, large ships can run aground. It has happened already and will happen again....

The whole tar sands development sickens me, knowing the potential of major environmental disasters and the current contamination of northern rivers. What bothers me most is the ignorance of the Alberta and Canadian governments and their general lack of environmental regulation and monitoring...

He and others are concerned about the fact that we are losing environmental oversight so we can go forward with a balanced plan instead of a one-side plan as is currently projected.

This is another quote:

Bill C-38 is a “trojan horse” bill containing much more than just Budget items. It is bad for the environment, bad for Canada's worldwide image, bad for the social safety net that Canadians WANT, bad for fish, water and all living creatures, and it is bad for democracy. Everything that is not a direct Budget item MUST be split off this Bill and debated properly by the appropriate committees, before the Budget Bill itself is presented to Parliament.

Act democratic--split the Bill to permit study and debate.

This is another quote:

I am concerned about the revision of the Fisheries Act tucked inside the current omnibus bill. I feel these changes threaten the environmental assessment and project implementation process and therefore threaten viable fish habitat throughout Canada. Without viable habitat for fish, interior, coastal and ocean ecosystems will suffer, and so will the economies and cultures that depend on them. I am requesting that you pressure the current government to please reconsider the process under which these changes are being implemented.

I would like to add that this point of view is not only felt by people right across Canada, but by four former cabinet ministers, two of them having served under the Conservative government. They have called the current changes to the Fisheries Act unprecedented and not in the best interest of our country.

The final letter that I have, one of many, says:

The federal budget legislation...puts our land, water and climate at risk by making enormous changes to Canada's environmental laws. It also contains sweeping new powers to limit debate and silence legitimate voices, including those of land owners, First Nations, charities and other Canadians.

I care about nature and democracy, which is why I'm asking you, as my representative in our Parliament, to express my concern about changing Canada's environmental and charitable laws without sufficient public input and Parliamentary debate.

I might add that my party went across the country and we listened to people. We conducted hearings. The overwhelming majority of people who talked to us are saying that something is not right. We should not be supporting this legislation that lumps all of these different pieces of legislation and measures into one act.

I would like to close with part of a speech given by Andrew Nikiforuk in Nelson regarding the tar sands development. These are a couple of quotations from the speech. He says:

The Northern Gateway pipeline will result in 300 to 400 supertankers annually having to negotiate the treacherous waters of BC's northern coastline;

The ships will likely be owned by PetroChina and Sinopec, two companies that are only accountable to the Communist Party of China;

This is where we are sending our raw bitumen if this goes through.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:55 p.m.
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NDP

Marie-Claude Morin NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, I rise again today to speak to Bill C-38, this time at report stage. I made a speech on May 8, 2012, at second reading of this bill. It will be very easy for me to repeat the same points.

I could repeat all of my notes word for word, since this mammoth bill made it through the Standing Committee on Finance in less than a week, and we are now at report stage with the same bill, without amendment.

The government's insistence on pushing through this bill in the face of strong opposition from across the country is, in my opinion, a serious problem. I would like to quickly remind members of some examples of problems that the official opposition has brought up in recent debates on this bill.

Bill C-38 aims to implement budget 2012, but it goes well beyond the budget. It contains not only the measures described in the budget, but also several changes that were not announced previously.

Consider the environment. My colleague opposite was talking about it five minutes ago. At least one-third of Bill C-38 is dedicated to environmental deregulation. It is 2012, and here we have a budget that promotes environmental deregulation. Yes, the government is doing what it said it would in terms of the environment, such as withdrawing from the Kyoto protocol. People did not agree with that, yet the government not only stood its ground, it also added new, previously unannounced measures.

As we all know, Bill C-38 repeals the Kyoto Protocol Implementation Act, which means that the government is no longer required to report its greenhouse gas emissions. That is a major problem.

Bill C-38 also repeals the current Canadian Environmental Assessment Act, replacing it with a new assessment regime designed for the approval of major projects, such as oil pipelines, naturally. In my opinion and that of all environmental groups and my colleagues, this measure renders all environmental protection regulations utterly meaningless.

Bill C-38 also targets environmental groups. It changes the rules used to determine the extent to which a charity is involved in political activities.

The bill also gives the Minister of National Revenue the authority to suspend the tax-receipting privileges of a registered charity that devotes too many of its resources to political activities. What is the limit here? What exactly defines the political activities of a charitable organization that might sometimes oppose a government measure? Strangely, this attack directly targets groups that oppose the government's ideas. How interesting. Soon the Conservatives will be attacking freedom of expression.

I can also talk about our seniors who worked their whole lives, who worked hard for many years. They will be forced to work two more years before they can retire. I am sure everyone here knows that my party has been opposed to this measure for quite some time. We continue to oppose it and we will not back down.

Bill C-38 also attacks industry and agriculture. The Canadian Food Inspection Agency is one of a number of agencies that will be excluded from the Auditor General's supervision. The bill eliminates all references to the Auditor General in the Canadian Food Inspection Agency Act. The government is giving itself yet another power.

For instance, the part of the act that was once called “Accounting and Audit” will henceforth be called simply “Accounting”. Talk about transparency.

Mandatory financial and performance audits by the Auditor General have also been eliminated—another excellent example of transparency.

I could go on and on. Bill C-38 also amends the Seeds Act to give the president of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.

This change opens the door to allowing private entrepreneurs to do food inspection related work. It also sends a troublesome message about the growing use of privatization. In other words, the rich might get access to safe food but the government does not seem to care what everyone else gets. That is the message I am hearing.

The Canadian Medical Association Journal has been highlighting the loopholes in our food safety system for a long time and has warned that Canadians will be eating at their own risk, which is serious.

The NDP has held a series of public consultations across Canada to listen to the comments and concerns of Canadians. On June 2, I personally invited people from my riding to share their concerns and to ask questions. Representatives from Mouvement Action Chômage; the president of the local chapter of the Union des producteurs agricoles, the UPA; and the president of the Conseil québécois de l'horticulture joined the panel of guest speakers.

Mouvement Action Chômage is particularly concerned about the changes to employment insurance. We have been talking about it for several weeks. However, the government does not seem very open. The NDP is worried about seasonal workers who will have to broaden their job searches and work for less, down to 70% of their current salary. SMEs will be affected by these measures and it will be hard for them to provide their employees with enough hours, to retain their employees and to train them properly.

For a riding like mine, these changes will have considerable repercussions on the availability of qualified labour, which is also a problem. As I have said, the SMEs will have to pay the costs.

It is also interesting to point out that the SMEs represent a significant percentage of the jobs in Canada. If we want people to have jobs, it is important to help those who provide them, SMEs for example. But that does not seem to be logical for this government.

In agriculture, the UPA local in Montérégie has complained about the repercussions of the cuts on the region. In eastern Montérégie, of which my riding is part, the growing forward program represents 47% of agricultural income in Quebec. It will not be just my riding that is affected; Quebec will be affected too.

There are also repercussions on research and on the development of new types of agriculture. Canada is a highly agricultural country and my constituency is especially so. Many constituents have asked questions about agriculture. One of them also asked me what would happen with the aboriginal communities in the north. There is nothing in the budget for them. For Attawapiskat, for example, the government has done nothing, and is still not doing anything.

I also remind the House that the budget contained nothing about housing and homelessness. Even though all these measures will plunge more Canadians deeper into poverty, there is nothing to help them.

Canadians are afraid of this bill, a monster bill. People in my riding have realized that the government has very, very loose parliamentary rules. People are not stupid; they know that they still have the power and that public pressure can make a government back down. The government is fully aware that, in less than four years, it will have to be accountable to all Canadians. If the government continues to lose the confidence of the people, they will not give it a second chance.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:55 p.m.
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Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

Madam Speaker, Bill C-38 contains common sense measures to ensure that the working landscape principle is protected and that fish habitat is still there. However, we also have to ensure that farmers can use their fields.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:40 p.m.
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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeParliamentary Secretary to the Minister of the Environment

Madam Speaker, it is my great pleasure to rise tonight in support of Bill C-38, jobs, growth and long-term prosperity act.

Our government has been very clear that jobs and economic growth are our top priorities, the same today as when we were first elected in 2006. In fact, nearly 760,000 net new jobs have been created since July 2009, and 90% of those are full-time jobs. Our most recent budget reflects this.

In the words of Canadian Chamber of Commerce president Perrin Beatty:

We have urged the government to focus on where Canada needs to be five or 10 years from now, even if it means taking tough decisions now. The government has acted.... The result will be a stronger economy and more jobs.

That is what the budget implementation legislation before us today is all about. It is about ensuring that our economy continues to create dependable jobs and a high quality of life today and for the future.

To talk a little about the context of the bill, there is fragility on the global economic scene. We cannot deny that Europe is certainly in a debt crisis right now. As many Canadians know, one can only spend more than one makes for so long. We are seeing that in Europe right now, which is why our government has taken strong actions to move to balance our books while putting in policy that would ensure the long-term economic prosperity of this country.

In fact, as I mentioned earlier, our country has created more than 760,000 net new jobs since the financial downturn. The IMF has praised the stability of our financial sector. The OECD has praised us for our leadership in economic development and growth. We have also been called one of the best places to do business in the world.

We now have the opportunity to set the ball in motion to cement Canada's golden age on the world stage for years to come. This is especially important for people my age, younger, contemporaries and the children of my colleagues here in the House tonight.

We have the opportunity to ensure that Canada is that world leader for decades to come, which is what the bill is about. It is about that long-term prosperity, creating jobs and growth while ensuring that our financial house is kept in order. This is one of the unifying themes of the bill.

Why is the bill so urgent?

In Europe, we can see what happens if there are no financial policies in place to spur long-term economic growth. In fact, in Canada, one of the things we have been talking about here with my colleagues is the need to have stable funding to ensure the long-term stability of our social programs that we all hold dear, across the aisle here and around the House.

How do we do that?

We feel that the policies put forward in the bill would set that ball in motion, ensure that long-term prosperity and also ensure our books are balanced in the long term.

I would like to speak a little about the responsible resource development component of Bill C-38, in particular the environmental components.

It might surprise some of my colleagues opposite that, being from Alberta, I care deeply about Canada's natural heritage. Certainly my fellow Albertans would say how important the beauty of Banff National Park and the wilderness of Canada's boreal forests are to them. This is our brand, and it is important to our health and well-being. It is something I have had the privilege of hearing about in my last year of elected office. Our government does feel we can have that balance, as my colleague opposite spoke about earlier, between environmental protection and economic growth.

In fact, as part of the bill, there are numerous measures that we put in place to strengthen environmental protection, about which I have not heard any of my colleagues opposite speak. We are focusing environmental assessments on major projects that have greater potential for significant adverse environmental effects.

The Commissioner of the Environment, in testimony at our subcommittee that reviewed this particular component of Bill C-38, spoke about how 99% of the reviews that the Canadian Environmental Assessment Agency conducts are what we call screenings on small projects, and 94% of those, in his words and the Canadian Environmental Assessment Agency's words, have little to no environmental impact. This means that our major oversight body for doing environmental reviews is spending time on things like reviewing the expansion of a maple sugar bush plant or adding a park bench in a Canadian national park.

To counter that, we are trying to ensure that our resources dedicated to reviewing environmental assessments are spent on major projects that have significant environmental impact. The commissioner of the environment, in his testimony before that committee, agreed that those resources currently spent on environmental assessments with limited environmental impact could be better spent on major proposals.

For the first time we would be introducing enforceable environmental assessment decisions under the Canadian Environmental Assessment Act. This means that proponents of major projects would have to comply with conditions set out in the decision statements or perhaps face tough financial penalties. We would require follow-up programs after all environmental assessments to verify the accuracy of predictions regarding potential environmental effects and to determine if mitigation measures were working as intended.

I could go on and on but I notice that my time is quickly elapsing. I want to talk about why it is important that we also focus on developing our natural resources in a sustainable way. The importance of our natural resources is well known in my riding of Calgary Centre-North. Their impact is felt from coast to coast. I feel a kinship with my colleague opposite who talked about how some of the people in his riding have seen the impacts of that. That is something we could all agree on.

However there are some statistics I want to talk about specifically with regard to the energy sector. New oil sands development is expected to contribute over $2.1 trillion 2010 dollars to the Canadian economy over the next 25 years. The oil sands alone will pay an estimated $766 billion in provincial and federal taxes, and provincial royalties over the next 25 years. That is our health care system. That is our OAS system. Those revenues will directly go to funding our social programs here in this country. I agree that we need to talk about how those resources are developed sustainably. That is why we have put things in place like the oil sands monitoring framework. That is why we are working with provincial governments and talking about things like land use planning.

There was something I wanted to highlight that blew my mind a bit. It happened in the subcommittee with someone I respect and have had meetings with, Mr. Stephen Hazell, a well-respected environmental lawyer.

He made a comment and I am not sure if it was tongue-in-cheek or not. I want to read the testimony into the record. I said to him, “You made a comment that was something to the effect of 'I saved Exxon $1 billion but they are not likely to thank me for it.'” This was with regard to the Mackenzie Valley Pipeline project. I asked, “Could you walk me through the line of thinking on that again?”

I encourage my colleagues opposite to read this testimony. At the end of it, the point he was trying to make was that, with the delay and the long EA process, the price of gas went from $6 to approximately $2. The project was no longer viable. Therefore, he saved the company money.

The point I wanted to make was that is not how we do business in this country. We support industry and free market principles. Business should be able to take risks. While it is absolutely true that we need to protect the environment and make sure that our environmental assessment process is robust, we also need to make sure that there is timeliness and predictability so that project proponents can ensure that the process is factored into their business decisions.

Few people talk about the window-to-market concept. For major resource projects that are very capital intensive, there is a timeline in which the project may or may not be viable.

We need to make sure as regulators that we ensure robustness in process. I feel very strongly that this is included in the new review process. We also have a duty to ensure that those processes are completed in a set period of time so that there can be predictability around planning for that window to market.

That is a principle that I hope we can just take the tone down a little bit and have a reasonable dialogue on. A strong national resource sector and energy sector is important to this economy. I agree that we need to have that strong environmental protection component, but that is locked into this process.

The opposition parties are talking about bailing out Europe when we should be talking about how we make our economy strong and prosperous over the next 25 years. Bill C-38 does that. I am so proud to be here in this House tonight with my colleagues to stand in support of it.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:20 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, I will answer the first part of that convoluted, non-directional question, which was how Bill C-38 and my speech relate to the subject at hand.

As power costs increase, the manufacturing sector moves out of Canada, and with it move jobs. Bill C-38 is all about jobs, growth and long-term prosperity. The Government of Canada has put the requirements in place so that the entire country can take advantage of it.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:20 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, we wonder whether this is about natural resources or Bill C-38. That said, tonight we have heard some rather alarming things. I heard two Conservative members go after both the Liberal and NDP opposition leaders. We were called communists and leftists and were accused of being a left-wing party. I just heard a speech that had more to do with natural resources than with Bill C-38. What is going on here?

I have a question for the member about Bill C-38, a bill that destroys everything in its path.

If the government is going after seasonal workers, as well as fisheries, agriculture, the forestry industry and tourism, what can provinces that make a living off these industries do to survive in the Canada of the future?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:10 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, it is an honour and a privilege, as the member of Parliament for Renfrew—Nipissing—Pembroke, to speak on behalf of the people of my riding to Bill C-38, the budget implementation act, which speaks to the economic action plan for 2012, Canada's blueprint for jobs, growth and long-term prosperity.

As has been stated elsewhere, under our current Prime Minister, Canada can fairly claim to be the best governed country among advanced democracies in the world. This year's federal budget would lock up Canada's lead.

I have listened very carefully to the comments made by the official opposition with regard to the legislation. What I found, and this is reflected in the comments I have received from my constituents who have followed the debate around the legislation, is that Canadians support the legislation, the efforts of our government to provide steady leadership on the economy.

There is a difference between questions about legislation, as opposed to opposition just for the sake of opposing.

As a member of this government, I am pleased to respond with facts. The fact is that Canada is the envy of the world during this time of turbulence in international markets. As an example, the budget comments put forth by the radical left-wing leader of the opposition is the disingenuous argument that Canada should not be exporting energy in the form of unrefined hydrocarbons. Confusingly, the other members of the opposition coalition suggest we should be refining bitumen from the oil sands here in Canada.

Therefore, quite apart from their real position in that they oppose any resource extraction whatsoever, they know that under the current regulatory regime the likelihood that environmental approval within a reasonable time frame occurring is absolutely nil.

The proper role of government is to allow for science-based decision making that is based upon facts. Bill C-38 would restore the balance to a regulatory bureaucracy that has become counterproductive to the environment and to the interests of all Canadians.

Canadians will never accept the opposition inspired left-wing voodoo economics precisely because what it proposes for the environment will destroy Canada's economy.

We believe that we can help the environment without destroying jobs. This is why I absolutely believe that Parliament needs to pass the legislation as quickly as possible so the Government of Canada can get on with the business of providing jobs, growth and economic prosperity to all Canadians.

What the opposition needs to focus on are the benefits the legislation would bring to our economy. Nowhere is that more important than in my home province of Ontario. The province of Ontario was once the undisputed economic engine of Canada. This is now disputed because the manufacturing sector in Ontario is suffering, not because of some ill-conceived NDP notion about some disease that is intended to confuse and divide, but because of the policies of the Liberal Party of Ontario that have taken away one of the primary advantages that built Ontario: economic, affordable power.

The province of Ontario has siphoned off tens of millions of dollars out of the pockets of Ontario energy users, particularly from households and our manufacturing base, resulting in a hollowing out of Ontario's once vibrant manufacturing sector. This is causing severe economic hardship among seniors and anyone else on a fixed income. It is causing the decline of Ontario's manufacturing sector and the jobs in that sector, not of some disease theory that has no relevance to our made in Canada experiences.

In the Ottawa Valley, which is a net exporter of energy, we have first-hand knowledge of Ontario's controversial so-called green energy act. Rather than generate clean hydroelectricity, we watched the province of Ontario spill water over the Ottawa River power damns.

Ontario taxpayers pay American states millions of dollars to take our power. The province calls this negative wholesale electricity pricing. Most terrible of all, this situation is expected to get much worse as more hugely expensive, heavily taxpayer subsidized industrial wind turbines are being forced onto rural Ontario residents every day.

The time has come to stop this environmental madness.

In the last election, Canadians voted for our vision of Canada as a clean energy superpower. Building an economic strategy on a natural resources foundation is good for our economy and good for jobs. This strategy was good for Ontario in the past and is good for Ontario now and in the future. The time has come to move forward and take advantage of Canada's economic action plan.

Canada's economic action plan will provide $107 million over the next two years to maintain safe and reliable operations at Atomic Energy of Canada Limited's Chalk River Laboratories . The Chalk River Laboratories of AECL, in collaboration with the National Research Council, have been actively involved in the development of clean, safe energy.

There is a strategic overlap between nuclear science and hydrogen technologies. Hydrogen and electricity are the only known forms of energy that offer zero emissions from motor vehicles. The challenge with using hydrogen as a fuel is not the burning of the fuel, as it burns very cleanly, with pure water as a byproduct, but the process to produce the hydrogen. A next generation nuclear reactor is one that generates electricity and processes heat with hydrogen as a byproduct.

Hydrogen can be generated from energy supplied in the form of heat electricity through high temperature electrolysis, HTE. Since some of the energy in HTE is supplied in the form of heat, less of the energy must be converted from heat to electricity and then to chemical form, so potentially far less energy is required per kilogram of hydrogen produced. While nuclear-generated electricity could be used for electrolysis, nuclear heat can be directly applied to split the hydrogen from water. Working at 950ºC to 1000ºC, high temperature gas-cooled nuclear reactors have the potential to split hydrogen from water by thermochemical means, using nuclear heat. Research by Chalk River Laboratories into high temperature nuclear reactors will eventually lead to a hydrogen supply that is cost-competitive as well as reliable.

Rather than paying other jurisdictions to take electricity or spilling water over the hydro dams, Ontario could be producing low-cost hydrogen today to power public transit. The Ottawa Valley has all the building blocks to start the hydrogen economy and the green energy jobs that go with it. The New Flyer bus company, with its maintenance facilities in Arnprior, is currently involved in a hydrogen-powered bus pilot project with financial assistance from the Government of Canada in British Columbia.

Ontario, with our natural advantages to develop the hydrogen economy, should be undertaking a similar pilot project in this province. Ottawa River power dams can provide electricity to power electrolysis as a cost-effective method to make hydrogen.

The Chalk River nuclear research labs are involved in cutting-edge activities such as developing hydrogen storage applications that are safe, reliable and economical. Nuclear energy is currently the only large-scale zero greenhouse gas-emitting source of electricity in Ontario that is not limited by geography or weather. Nuclear energy has helped Ontario reduce greenhouse gas emissions safely and competitively for over four decades. CANDU reactors have a unique Canadian design and an excellent safety record, and they can fuel with uranium or thorium. Nuclear energy could provide us decades, if not centuries, of time to find ways to generate more of our energy needs from affordable renewable sources or perhaps nuclear fusion at some point in the future.

According to the Ontario Society of Professional Engineers, using nuclear generation to back up the variability of wind generation is uniquely available to Ontario because 55% of Ontario's power requirements are supplied by nuclear power plants.

Ontario needs Bill C-38 passed now so that we can start to deliver on the benefits of this legislation to the people of this province, and in doing so we help the rest of Canada.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 9:05 p.m.
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NDP

Francine Raynault NDP Joliette, QC

Madam Speaker, I would like to ask my colleague a question about division 19 of part 4 of Bill C-38, which reduces government transparency when it comes to food safety by giving the minister the power to get around the law.

I would like to know how Canadians can be sure that what they eat will be monitored, checked and compliant so that they do not get sick and they do not have to sue certain companies because they or their children get sick.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:55 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I am pleased to speak to Bill C-38, the 425 page omnibus budget implementation act. It would, among other things, gut Canada's environmental laws; break the Conservatives' election promise by raising the age of eligibility for OAS from 65 to 67; create uncertainty for businesses, workers and seasonal industries with changes to EI that attack rural Canada, Atlantic Canada and the provinces; and that would hurt Canada's international brand by tearing up 100,000 immigration applications.

Bill C-38 imposes the Conservatives' unilateral decision to reduce health transfers to the provinces and territories. It allows the Conservatives to target charitable organizations they disagree with.

It would wipe out groups such as the National Round Table on the Environment and the Economy, Rights & Democracy and the National Council on Welfare. All of these groups have one thing in common. Over the last 30 years, and in some cases more, these groups were independent. They were funded through the government but they took independent positions based on evidence that was sometimes contrary to the governing party, which was, in some cases, Liberal governments, in other cases, Progressive Conservative governments. However, the current Conservative government is the first government that actually de-funded these groups simply because they disagreed with the governing party.

Bill C-38 would reduce the Auditor General's oversight on a number of government agencies, including the Canadian Food Inspection Agency and the Northern Pipeline Agency. It would reduce oversight on Canada's spy agency by abolishing the office of the Inspector General. It would repeal the Kyoto Protocol Implementation Act. It would eliminate a number of the government's reporting requirements on climate change and public service jobs. It would make changes that experts warn are unconstitutional to parole hearings.

The finance committee spent a few days studying the legislation since the House last debated the bill. A finance subcommittee was struck to examine part 3 of the bill, which was focused on environmental measures. However, this study took place while the environment committee was travelling to Alberta and Nova Scotia, which limited the ability of key MPs with expertise on the environment to participate in the Bill C-38 study.

The subcommittee's report on Bill C-38 was a disgraceful whitewash. The main report did not include any reference to public opposition to the bill, with the exception of a single reference that completely misrepresented the testimony of former Progressive Conservative fisheries minister, Tom Siddon. Mr. Siddon, who was the fisheries minister from 1985 to 1990 in the Mulroney government, said:

They are totally watering down and emasculating the Fisheries Act.

They are really taking the guts out of the Fisheries Act and it’s in devious little ways if you read all the fine print...they are making a Swiss cheese out of [it].

That was said by a former minister of fisheries, a Progressive Conservative activist and minister.

Mr. Siddon was part of a group of four former fisheries ministers, two Liberal and two Progressive Conservatives, who wrote a letter warning the government of the disastrous effect the bill would have on our fisheries.

The subcommittee's report endorsed the changes made to the National Energy Board despite having heard from witnesses who were overwhelmingly opposed to these changes.

Today, Barrie McKenna's article in the The Globe and Mail argues that Bill C-38 undermines:

...the NEB’s authority and independence [and] turns back the clock on five decades of credible resource regulation.... The omnibus bill gives Ottawa carte blanche over as many as 750 decisions a year. That is a lot of authority for Canadians with their X mark in the voting booth to grant a cabinet dominated by one man. It delegitimizes the NEB and injects needless uncertainty into the process.

Furthermore, industry was not calling for a lot of these changes. In fact, the Canadian Association of Petroleum Producers, CAPP, stated that the NEB plays “a very important role in ensuring that we’ve got [a] secure, reliable, affordable energy supply for Canadians, and sustainably develop our abundant energy resources”.

The main finance committee studied parts 1, 2 and 4 of the bill. We heard from officials and a total of 57 witnesses on the 636 clauses contained in parts 1, 2 and 4. To be blunt, the study was a farce. The committee's timeline was rushed, leaving us unable to examine many aspects of the legislation.

We were not given the chance to hear from a single witness outside of the government on a large number of the issues. For instance, we did not hear from any municipal leaders, despite the impact of Bill C-38 on communities.

The main finance committee did not hear from any witnesses from aboriginal groups, even though this bill proposes a number of changes that will impact them directly, such as changes to the First Nations Land Management Act. Parliament has a responsibility to consult with Canada's aboriginal peoples before making these changes.

National Chief Shawn Atleo did appear before the subcommittee. He said:

To date, first nations have not been engaged or consulted on any of the changes to the environmental and resource development regime proposed within Bill C-38....In its current form, part 3 of C-38 clearly represents a derogation of established and asserted first nations rights. If enacted, it will increase the time, costs, and effort for all parties and governments, as first nations will take every opportunity to challenge these provisions.

That testimony, by the way, before the subcommittee was expunged from the subcommittee's report, which the government of course controlled and basically wrote at the committee level.

We did not hear from any railway companies, even though Bill C-38 would increase their share of costs for railway crossings by 500%. The government did not allow us enough time to conduct a proper study of this bill.

The finance committee heard from only one witness on the issue of the changes to the oversight of Canada's spy agency, outside of government officials. That was Paul Kennedy, a former senior assistant deputy minister at public safety, responsible for national security activities and former chief counsel to CSIS, who called these changes to CSIS “sheer insanity”.

The finance committee only heard from one witness on the changes to parole hearings who described the changes as unconstitutional. The Canadian Bar Association also wrote to the finance committee to warn us that these changes in Bill C-38 were unconstitutional.

Many of the witnesses we did hear from were overwhelmed by the sheer volume of the changes in the bill. Tyler Sommers of Democracy Watch told the committee:

I don't think that anyone, to the best of their abilities, could represent their constituents when there's a 500-page bill that affects virtually every aspect of Canadian society.

The issue here is not just the length of the bill; it is the breadth of the bill and the number of sweeping changes that are totally unrelated. The reality is we have an environment committee with members of Parliament, with expertise in the environment. We have an aboriginal northern affairs committee with members of Parliament, with an expertise in that area.

If we broke down this bill and not only enabled individual legislators at the committee to study the changes and the legislation in separate bills, but ultimately to vote on them, we would actually be respecting democracy and we would be respecting Parliament. However, the Prime Minister is not interested in that.

In terms of some of the changes on old age security and EI, the government is targeting some of the most vulnerable Canadians. Old age security changes are being rushed through. The Conservatives are saying that we should not to worry, that they will not take effect for 11 years and that if people are 53 years old, they can start saving more money. For goodness sake, 40% of Canadians make less than $20,000 per year. How are they supposed to save money on that? Who gets OAS? The reality is that 40% of the people getting OAS make $20,000 a year or less and 53% make less than $25,000 a year.

This is targeting Canada's most vulnerable. It is an affront to democracy and it is an affront to Canada's most vulnerable who will pay a price for this neo-conservative agenda, which is not well thought out and is an attack on some of Canada's lowest income people, an attack on rural Canada and an attack on Atlantic Canada.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:50 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I have a question for my hon. colleague about what we have heard from the Minister of Human Resources and Skills Development. The minister acknowledged that her department did not conduct consultations on the changes to employment insurance that are in Bill C-38. She said that she had consulted members of Parliament from places like New Brunswick, like my hon. colleague.

I wonder if the member could confirm that the minister consulted him and that he among other Conservative MPs are really the source of these changes to employment insurance.

I wonder if my colleague feels that this will not have any negative effects on his riding, on companies like Ganong, on seasonal industries like the tourism industry in his riding and others. Is he really only representing the elite of taxpayers?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:35 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank the hon. member for Charlesbourg—Haute-Saint-Charles for her question. She has actually raised a very important point and that is how incredibly mean-spirited the government is in conducting the business of the House.

It is really unfortunate and I have been able to observe it a number of times at the Standing Committee on International Trade, as well as at the Standing Committee on Justice and Human Rights. On many occasions, we have reached out to this government to work together for the well-being of all Canadians and to try to find the best solution in a friendly way.

The hon. member brought up a very important point and that is that, by putting forward this assortment of poison pills, the toxic and corrosive cocktail that is Bill C-38, this government is simply eliminating any good little measures that we could have approved.

Ultimately, the government is simply trying to kill the opposition and to bend any form of opposition to its almighty will. This lack of insight and this disrespect for the majority of the Canadian population are completely unbelievable.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:25 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I have the great pleasure this evening of taking the floor in the House to debate Bill C-38.

I will honour my colleagues across the way, who truly love superlatives—they thirst for them—and congratulate each other a lot. I must admit that, to my eyes, to my knowledge, Bill C-38 is an important, if not a crucial, part of the greatest plan to dismantle the country ever seen since Confederation. It is a massive and destructive operation that my colleagues opposite are praising and supporting without it weighing on their conscience, despite the millions of victims it will create in Canada.

it is very important to frame it this way because not all of our actions are innocent, on the contrary. Our actions have significant immediate and, of course, future consequences.

One of the very important aspects of Bill C-38 is that it is just one step more after many steps of significant cuts to the Canadian state, to various government operations, be they direct operations involving individuals or operations involving all the provinces of the Canadian confederation.

This reminds me of another sad, dark time in recent history: in the mid-1990s, Chrétien and his finance minister made harsh cuts that hurt everyone in Canada.

Obviously, there are many ways to address certain problems, and the government just needs a little imagination and a little willingness to talk to and co-operate with other partners to seek and find solutions that are the lesser evil—as they say—to problems that seem insurmountable or inescapable. At the very least, the government must avoid subjecting vulnerable members of society to pointless suffering. That is truly inescapable.

As Christ said, “You will always have the poor among you, but you will not always have me.” He did not want his disciples to collect money for the poor at the risk of forgetting to concentrate on his message.

Here is another parable, an important one, to illustrate just how drastically this government is compromising our heritage and the future of all Canadians of all ages. I will focus on young people, but people of all ages—including seniors—may find themselves paying a heavy price.

It is the parable of the prodigal son, who asks his father for his share of the inheritance immediately. He quickly wastes every last bit of his money on strangers.

That is what is happening here. Instead of taking care of things at home, the Conservatives are slashing taxes, adding counter-productive exemptions, being careless and adopting questionable practices vis-a-vis foreign investors. I know what I am talking about because I can see this in my very own riding. Much to my chagrin the members opposite told me in their responses that I am against investors and against economic growth.

I have a question. When an honest worker or a retiree is deprived of tens of thousands of dollars, even hundreds of thousands of dollars, that he worked hard to put aside in a private pension fund, through the fault of a foreigner who does not care about the fate of those who work for him, and this happens because of loopholes in the Canadian legislation, what type of society are we building for the future?

It will be a society of the poor who will serve the very small, very wealthy minority. Does the government opposite want the New Democrats to be a party to this operation? I am saying no. I am shouting no. We especially do not want to be party to that, absolutely not.

This government has used the absolutely—or probably, I will hold back a little—most simplistic arguments to defend its bill. They are the most simplistic arguments ever presented in this House. It is absolutely incredible to be given a mess of figures without any context, which flies in the face of reality and shows contempt for the truth.

It is truly appalling to see this government, in its operation of massive destruction, clearly targeting all those with the necessary empirical knowledge to understand what will happen now and in future years with Bill C-38. An incredible number of scientists have been fired, attacked, muzzled, and told to shut up. We are talking about people who have spent many years of their lives studying and, furthermore, dedicating themselves to a vocation: to serve the truth and all of society.

How can a government be so mean and contemptuous toward the intellectual elite of our society? It is a true horror to see that. Bill C-38 sanctions it. The government sets itself up as an enemy to science, to intellectuals and to people who have knowledge they can use to the benefit of society. Let us call a spade a spade. That is exactly what is going on here.

When you get down to it, Bill C-38 is a massive attack on millions of Canadians, be they retired or entrepreneurs. When we talk about employment insurance-related measures, it is mainly an attack on entrepreneurs who do seasonal work in logging, agriculture and fishing operations. Even in urban areas, let us think about people who work in construction and road repair. Quebec City is one of Canada's snowiest cities, and every winter in Beauport—Limoilou I have seen hundreds of skilled tradespeople and operators of heavy machinery clearing snow during the night after storms or heavy snowfalls. All these people depend on employment insurance not only to make ends meet, obviously, and to find a way to meet the city's needs, but also to preserve and protect their particular expertise that cannot be applied year-round.

This government is deaf and blind to this reality that affects millions of Canadians. It is absolutely unbelievable to see this kind of thing.

One of the clearest signs—and I will end with this—that the government does not care in the slightest about those millions of Canadians, is that they are constantly boasting about the fact that this is going to bring a lot of prosperity to all Canadians.

But one of the clearest signs that many Canadian households spend every last dollar of their income each week or month is that, currently, there is $500 billion in unused RRSP contributions, unused RRSP tax credits. It means that those millions of Canadian do not even have the means to save and this government does not care. Actually, the only thing that it seems to care about is to force them to save at the expense of the bread and butter that they could be putting on the table.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:10 p.m.
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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I am grateful for the chance to rise today in Parliament against opposition attempts to delay and defeat Bill C-38, the jobs, growth and long-term prosperity act.

Today's act includes significant and critical measures that form economic action plan 2012 to support Canada's economy and help fuel job creation, a budget that has been public and in debate since March, for over four months. Since March, today's act has received numerous and record-breaking amounts of debate, including the longest amount of debate at second reading and the most amount of time for committee consideration in over two decades when compared to other budget implementation bills.

Clearly, economic action plan 2012 is an extremely important document, and Bill C-38 is equally important. It is vital to the continued strength of the Canadian economy. I would really hope that opposition members would be less concerned about partisan procedural games to delay and defeat Bill C-38. Instead, I call on them to join our Conservative government and focus on helping create jobs, economic growth and long-term prosperity. That is what matters to Canadians and their families. I am happy to report that we are getting real results to improve Canada's economy and job market.

Canada has the longest record of job growth in the entire G7 in recent years, with nearly 760,000 net new jobs created since July 2009, 90% full time and more than 80% in the private sector.

However, we cannot be complacent. The global economy remains extremely fragile and challenges remain, as we see in ongoing events in places like Greece and Spain. Such global challenges can ultimately impact Canada as we are not immune. For that reason, we are committed to the rapid implementation of economic action plan 2012. Our Conservative government, like many people across this country, is deeply disappointed with the NDP and other opposition parties that are trying to delay and defeat such key measures to support Canada's economy.

I want to read from a recent Toronto Sun editorial to illustrate that point, and I will quote at length as my colleague did earlier:

As Europe stands poised on the brink of a disastrous economic wildfire that could blacken the world, NDP leader's...self-obsession is in full flame.... vowing to delay the passing of that very same budget...by playing silly bugger with amendments and procedure.... This is nothing but grandstanding.... This is a budget designed to create jobs and inspire economic growth, and it comes to the House of Commons at a moment that can only be described as the 11th hour of a global economic conflagration.... Right now, there is only one enemy in our fight to protect Canada from the repercussions of Europe's burning. And it's [the NDP leader].... This is inarguable.

I completely agree.

By focusing on growth and job creation, the new measures in economic action plan 2012 will also solidify, strengthen and draw upon the role of entrepreneurs as the driving force behind Canada's economy. For example, the government is committed to ensuring that Canadians fully benefit from the economic opportunities associated with our natural resources, while protecting the environment.

We know that the existing system needs comprehensive reform. Today, Canadian businesses in the resource sector must navigate a maze of overlapping and complex regulatory requirements. This can discourage potential new investors and undermine the economic viability of major projects while providing no additional benefit to the environment.

This is wrong, which is why we have worked since 2006 to streamline and improve regulatory processes. However, more needs to be done. Economic action plan 2012 responds to this need by introducing system-wide legislative improvements to streamline the review process for major economic projects.

We will reform the regulatory system so that reviews are conducted in a timely and transparent manner while safeguarding the environment. Today's bill includes a number of initiatives to meet this objective. For example, today's legislation would establish a new federal environmental assessment regime that would consolidate responsibility for assessments from more than 40 departments and agencies to 3 responsible authorities, the Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission and the National Energy Board.

The legislation would also set timelines for environmental assessments and provide for greater co-operation between jurisdictions. For example, the bill would amend the National Energy Board Act to establish time limits for regulatory reviews under the act and would enhance the powers of the chair and the responsible minister to ensure that those reviews are conducted in a timely manner.

The government's position on the environment is very clear. We can achieve our economic priorities while continuing to protect the environment. For example, economic action plan 2012 proposes $13.5 million over two years to the National Energy Board to increase the number of inspections of oil and gas pipelines from about 100 to 150 inspections per year and double from 3 to 6 the number of annual comprehensive audits to identify issues before incidents occur. We must be vigilant in guarding our spectacular natural treasures and we must preserve them so we can pass them down to future generations. That is why protecting Canada's environment and the health of Canadians will remain a key government priority.

Other key measures in today's act deal with the housing market, amendments to improve oversight of Canada Mortgage and Housing Corporation, or CMHC. As we work toward getting our own government house in order, we continue to be mindful of other parts of the economy in need of careful stewardship. There is no doubt that housing has been top of mind for many Canadian families, and just as the government's management must be done with long-term objectives in mind, so too must the housing market be approached with a responsible, measured and long-term view so that it remains strong and stable over time.

In order to protect our housing market from excesses seen in other economies and to support the long-term stability of our housing market, our government has acted three times to adjust the rules for government-backed insured mortgages. These adjustments include requiring a minimum down payment of 5% for owner-occupied properties and 20% on speculative properties, reducing the maximum amortization period to 30 years from 35 years for mortgages with loan-to-value ratios of more than 80% and lowering the maximum amount Canadians can borrow in refinancing a mortgage to 85% from 95% of the value of their homes. We also withdrew government insurance from backing home equity lines of credit. In short, we discouraged some Canadians from using their homes as automatic bank machines and encouraged them to use their homes as saving vehicles.

Today's proposed legislation amendments are part of the government's continuous effort to strengthen the housing finance system. These amendments would strengthen the governance and oversight of CMHC and ensure that the corporation's commercial activities are managed in a manner that promotes the stability of the financial system. These enhancements include the additional objectives for CMHC to ensure its commercial activities promote and contribute to the stability of the financial system, including the housing market; legislative and regulatory authorities for the Minister of Finance in respect to CMHC's securitization programs; authorities for the superintendent to review and monitor the safety and soundness of CMHC's commercial activities and report to CMHC's board of directors and to the ministers of finance and HRSDC; and the addition of the deputy minister of human resources and skills development and the deputy minister of finance to CMHC's board of directors as ex officio members.

We will continue to act when necessary to support the long-term stability of Canada's housing markets and encourage savings through home ownership. For all these reasons, I encourage Canadians and the opposition to support Bill C-38 and help us get this bill passed today.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 8:10 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank the hon. member for Hamilton East—Stoney Creek for his speech. I really liked his comments about the democratic problem with Bill C-38.

We are basically telling a majority of Canadians, millions and millions of Canadians, that they have exercised their right to vote, but that their representatives do not have the right to represent them; that they cannot represent them. They are being denied their right to speak and their right to vote.

Could the hon. member expand on this democratic deficit?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:55 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, Bill C-38 is the jobs, growth and long-term prosperity act. Much of Canada now knows that Bill C-38 goes well beyond tax and monetary measures to make major changes in dozens of policy areas, including the environment, natural resources and human resources. The previous speaker talked about being best positioned, that his party received 39% of the vote in the last election, which indeed gave it a majority. However, the Conservatives never once told people they would change EI. They never talked to the Canadian people in that election about changing the fisheries or environment acts.

Recently, the NDP, throughout the finance committee hearings, were clear that we believed that parliamentarians should not be asked to vote on legislation that granted cabinet power to make far-reaching regulatory changes as granted through Bill C-38.

Canadians now also realize that Bill C-38 has well over 400-plus pages. However, I also want everybody who happens to be at home watching tonight to understand that this is just the beginning. There will be another budget bill in the fall with further changes.

Our concerns, and those of many Canadians, go along these lines.

I would state quite categorically that the overhaul to the Environment Assessment Act does not belong in a budget bill. The government wants a one project, one review environmental assessment system, so it is repealing the Canadian Environmental Assessment Act that Canadians have known for many generations and replacing it with an environmental assessment act 2012.

The official opposition contends that this type of decision does not belong with the finance committee. The finance committee does not have the expertise, nor the time to bring before it the people required to complete a proper view. Bill C-38 sets out time limits for the completion of reviews and the minister will have the power to shut down a review panel if he thinks it will not finish on time. Before it can finish on time, it has to do a proper assessment for the benefit and protection of Canadians. That type of decision needs due diligence supplied by comprehensive reviews by experts, not by a minister, and certainly not five-minute rounds of questions in the finance committee.

Bill C-38 contains changes to employment insurance that are particularly concerning to maritimers. We all understand and know very well that our friends on the east coast have a different lifestyle. Our friends on the east coast are subject to the whims of part-time employment.

How does studying the proposed new EI definition, a suitable work, belong with the finance committee? It does not. It clearly belongs before the human resources committee. Bill C-38 would remove the definitions of suitable work from the Employment Insurance Act and would give the federal cabinet the power to create new regulations about what constituted suitable work and reasonable efforts to find that work. This budget bill, Bill C-38, gives no details on what the new criteria will be.

I will move to another section of Bill C-38.

How does the decision on removing the oversight of the Auditor General belong here? The Auditor General will no longer be required to annually audit several agencies: the Social Sciences and Humanities Research Council, the Natural Sciences and Engineering Research Council, the Northern Pipeline Agency and the Canada Polar Commission. These agencies will now submit annual financial reports to the minister or ministers instead. How does putting these foxes in charge of the henhouse do anything for jobs and prosperity?

Bill C-38, with the swipe of a pen, would eliminate tens of thousands of backlogged immigration applications. Among the amendments to the Immigration and Refugee Protection Act is a move to wipe out the backlog of 280,000 applications under the federal skilled worker program.

These are people who placed their faith in Canada. They could have applied to other countries that needed their skills. These are skilled individuals. They made applications to become Canadian citizens because they trusted Canada. They were told that we needed their skills. We hear it in this House regularly how we need skills, but now those who applied before 2008 would have their applications deleted and refunded. The hopes and dreams of these qualified potential new citizens with skills that Canada needs would be set aside by a budget bill. This issue clearly belongs in a committee other than finance.

These changes would not only destroy the dreams of people who trusted Canada, but imagine what would happen to Canada's once trusted reputation in these countries. How in the world can the government justify doing this within a budget bill, with the claim that it would improve our prosperity?

One of the more ludicrous parts of Bill C-38, which one of the previous speakers mentioned, is how the Fisheries Act changes came before the finance committee. Even if we have concerns, and I trust the word of members on the other side when they say they have concerns with the Fisheries Act, the finance committee is not the place to turn to.

I happen to be the NDP human rights critic for international affairs. I shook my head with dismay when I read that Bill C-38, the budget bill, would scrap the office of the Inspector General of the Canadian Security Intelligence Service. We have good people in our police services and we have good people in CSIS, but this office is meant to be the public safety minister's eyes and ears overseeing CSIS. In my opinion, in the shadowy world of CSIS, it is critical to have civilian oversight.

Bill C-38 would shut down several government-funded groups and agencies, such as the National Council of Welfare, the Public Appointments Commission, Rights & Democracy, the National Round Table on the Environment and the Economy, the Canadian Artists and Producers Professional Relations Tribunal, and Assisted Human Reproduction Canada.

Bill C-38 would create a new social security tribunal to hear appeals of decisions made under the Old Age Security Act, the Employment Insurance Act and other benefit programs. The bill would create a new Shared Services Canada department. We had people who were part of tribunals looking into the situation of appeals for people on Employment Insurance. They were experts and had jurisprudence in that area. Now that would be done away with and these same people would be lumped in. These are good people who have worked hard for us. I have no doubt that some of them would apply, but it would be housing too much responsibility for too broad a front with too few people.

Bill C-38 would change the age of accessing OAS from 65 to 67. I will not say very much about that because I have spoken in this place many times on it. I will simply say that the Parliamentary Budget Officer and the OECD pension review team said it was sustainable. There is a clear disagreement.

Government members will say that this is not the longest budget bill in history. That is true. They will say that it is receiving hours of debate. That is also true. However, what they do not say is that the changes I have outlined and others should have been before a number of different committees of Parliament.

My rights as a member of Parliament have been pushed aside and the rights of every member on both sides of this House have been pushed aside by the bill. We are not able, nor allowed, to do the due diligence necessary to protect the rights of Canadians. In my opinion, when Canadians look at the bill and see what it actually is, they will see that the better name for the bill is the “eliminating transparency and settling old scores act”.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:50 p.m.
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Conservative

Andrew Saxton Conservative North Vancouver, BC

Mr. Speaker, I believe there were two questions from the hon. member.

The answer to the first question, where the member talked about not having enough time to debate this bill, I would like to remind him that we have debated the bill for nearly six weeks. The bill was also referred to the finance committee, where it was further reviewed. The finance committee spent up to 50 hours studying Bill C-38. The subcommittee, studying part 3, spent an additional 18 hours hearing from witnesses.

I can tell the member opposite that in fact we have spent more time debating this bill than any other budget bill in the last 20 years.

With regard to the member's question about the Fisheries Act, under the current Fisheries Act all waterways are treated the same, as he knows. For example, man-made irrigation and drainage ditches in a field are treated the same as the Great Lakes. That does not make much sense. As farmers or municipalities will tell us from their experience, this rule discriminates against them.

Our changes focus protection rules on real and significant threats to fisheries and their habitat that supports them, while setting clear standards and guidelines for routine projects. We are focusing on Canada's fisheries, not on the farmers' fields and culverts.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:50 p.m.
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NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, I appreciate the member's comments, but I would categorize this bill as one of the most undemocratic bills in Canadian history, with the grouping of almost 70 laws that will be changed in one fell swoop.

The member highlighted a number of things, including the penny. However, I will ask about one issue that will be grouped in among the 70 pieces of legislation, the Fisheries Act, and the sweeping changes of the amendment of the Fisheries Act, specifically section 35 and changes to protecting fish habitat.

Could the member talk about the consultation that was done on this one small part of Bill C-38, which would change the fabric of Canada for many years to come?

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:40 p.m.
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Conservative

Andrew Saxton Conservative North Vancouver, BC

Mr. Speaker, I was simply quoting from a Toronto Sun editorial and the purpose of that was to show that it is recognized outside of the House as well that the NDP is simply using delay tactics in order to stop our budget bill from getting through. I could not have said it better.

The NDP and its opposition cohorts are delaying when they should be helping us pass this essential bill so we can ensure that Canada keeps its enviable economic status on the world stage. Canadians elected us to carry out a mandate. That mandate was clear: create jobs, keep taxes low and keep the economy strong. Bill C-38 delivers on that mandate and goes a long way for Canadians. It supports jobs and growth, would create value-added jobs through innovation, would ensure the responsible development of our resources and, most important, it treats taxpayer dollars responsibly because this government is committed to managing the tax dollars of Canadians as if we had earned them ourselves.

Further, we made a commitment to the Canadian people to return to balanced budgets over the medium term. Over the past year, our government conducted a comprehensive review of approximately $75 billion of direct program spending by federal departments and agencies and we identified a number of opportunities to enhance the efficiency and effectiveness of government operations, programs and services that will result in cost savings for the Canadian taxpayer.

Canadians know the importance of living within their means and expect their government to do the same. That is why we are committed to managing public finances in a sustainable and responsible manner. Specifically, our government is committed to reducing unnecessary spending by focusing on providing programs that are consistent with federal roles and responsibilities. It is our duty to ensure programs are delivered by those best positioned to do so and to refocus program funding based on achievable objectives and the needs of Canadians.

For example, through economic action plan 2012, we are eliminating the penny. The penny was for many years a positive source of revenue for the Royal Canadian Mint and the Canadian government when its 1¢ face value exceeded the cost of producing and distributing the penny. However, over time, inflation eroded the purchasing power of the penny and multiplied its manufacturing costs. It now costs taxpayers 1.5¢ for every penny made. It is the right time to eliminate it. It is underused by Canadians, no longer vital to commerce and, ultimately, a burden on Canada's balance sheet. The estimated savings from eliminating the penny will be about $11 million a year, helping us to meet our reduction targets and save Canadians money. In the words of the Canadian Federation of Independent Business:

It has been a long time coming. It’s been a real pain more than anything else. We’ve actually polled our members on this and they’re supportive.

Another example of how we are managing taxpayer dollars responsibly is our recent treatment of the Governor General's salary. Following consultations between the Governor General and the government, both have agreed that the income tax exemption for the Governor General's salary should end and that it should be subject to tax in the same manner as the salary of all other Canadians. This tax treatment is consistent with recent measures in other Commonwealth countries, such as Australia and New Zealand, to make the salaries of their governors general subject to income tax as well.

In the words of noted Winnipeg Sun columnist Tom Brodbeck:

Governors general of Canada will no longer enjoy tax-free status on a portion of their salaries: The Queen’s representatives will have to pay taxes just like the rest of us. I didn’t even know they had tax-free status. Good.

Other common sense measures we are undertaking in economic action plan 2012 to reduce costs for taxpayers includes selling some costly official residences abroad and having our diplomats move to more cost-effective ones. This will generate capital revenue of over $80 million. More modest, cost-effective quarters will not impact the ability of our diplomats to do their jobs and it will reduce the number of required staff, resulting in further operating savings.

Finally, another example of refocusing program spending on the needs of Canadians is our government's decision to eliminate the Katimavik program. Make no mistake, our government is committed to our young people and the opportunities they deserve and we will achieve that by funding programs that benefit large numbers of young people at a reasonable cost rather than concentrating available funding on a very small number of participants at an excessive per person cost, such as this program.

Our government is proud to continue to invest in affordable, effective programming that engages youth, including Encounters with Canada, Forum for Young Canadians and organizations that support youth, like the YMCA. Canadian Heritage will continue to invest over $105 million in youth programming to allow almost 100,000 young people to learn about their country.

Further, our government invests more than $330 million annually to support young Canadians through the youth employment strategy. We will provide an additional $50 million over two years to assist more young people in gaining tangible skills and experience.

Last year alone, this investment helped to connect nearly 70,000 Canadian youth with the work experience and skills training they needed to build a foundation for success in the job market. Clearly this exemplifies our government's commitment to Canada's youth.

These are just a few measures in economic action plan 2012 and Bill C-38 that would deliver measurable results to Canadians and better respect Canadian taxpayer dollars. I am proud to say that our Conservative government has a record that is second to none when it comes to responsible fiscal management.

Among the many advantages of our responsible approach is that it preserves Canada's low tax plan, fostering the long-term growth that generates high quality jobs for all Canadians.

Since 2006, our government has introduced more than 140 tax relief measures, with low and middle-income Canadians receiving the greatest share of the tax relief. The overall federal tax burden is the lowest it has been in 50 years. As we learned today, tax freedom day is now over two weeks earlier under our Conservative government.

Bill C-38 further demonstrates our government's commitment to the responsible use of tax dollars. In this respect, this bill goes a long way for Canadians. I urge members of the House to hurry up and pass it.

Report StageJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:40 p.m.
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North Vancouver B.C.

Conservative

Andrew Saxton ConservativeParliamentary Secretary to the President of the Treasury Board and for Western Economic Diversification

Mr. Speaker, I am here today to discuss Bill C-38, the jobs, growth and long-term prosperity act, and to stand against the NDP and the opposition attempts to delay and defeat it.

As we watch the global economy continue to struggle, most notably in Europe, this legislation would help our country stay the course and ensure that our economy remains sound and strong. Unfortunately, the opposition parties seem more intent on getting attention in the newspapers with their procedural partisan games.

In the words of a recent Toronto Sun editorial:

As Europe stands poised on the brink of a disastrous economic wildfire that could blacken the world, the NDP leader['s] hypocrisy and self-obsession is in full flame.

It goes on to say, “vowing to delay the passing of” economic action plan 2012, “playing silly bugger with amendments and procedure.... This is nothing but grandstanding. Right now--”

Bill C-38--Notice of time allocation motionJobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:40 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, as the global recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters: job creation, economic growth and long-term prosperity. We are actually doing that through this bill and economic action plan 2012.

We actually welcome debate on this, although I must note that the opposition parties just voted against lengthening debate here in the House. It seems that they only want to stall and delay the process by forcing hundreds of votes on a bill that they opposed before it was even introduced.

With that in mind, I must advise you, Mr. Speaker, that agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at report stage and third reading of Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

June 11th, 2012 / 7:35 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank the hon. member for his very enlightening speech, which shows the extent to which the government is clearly in error as it manages this country.

The hon. member has pointed out a number of problems associated with the consequences of Bill C-38 that will affect provincial jurisdiction. During the debates on Bill C-25, dealing with pooled registered pension plans, one of the hon. members opposite brought up the fact that it is practically impossible to work with the provinces to find common ground using the Canada pension plan, for example.

This is really incredible because, if you go back a number of years, you will see that the Canada Health Act was a work in progress extending over a number of years that allowed for agreement and co-operation between the federal and provincial governments.

I would like the hon. member to enlighten me on this government's almost pathological inability to negotiate and come to agreements with the provinces. Bill C-38 is an example of that.

The House resumed consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Bill C-38PetitionsRoutine Proceedings

June 11th, 2012 / 5:30 p.m.
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NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, the second group of petitions calls on the Government of Canada to immediately abandon Bill C-38 and introduce only those measures that are directly related to the budget.

The petitioners note that many of the measures in the bill were not mentioned in the March 29 budget and most of them have nothing to do with implementing the budget.

The petitioners also note that the measures would amend over 60 different laws, including repealing or eliminating the Kyoto Protocol Implementation Act, the National Round Table on the Environment and the Economy, the Canadian Environmental Assessment Act, the Fisheries Act, and many others.

The petitioners say that Bill C-38 would undo decades of environmental law and degrade the Canadian government's ability to defend our environment.

Bill C-38PetitionsRoutine Proceedings

June 11th, 2012 / 5:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the second petition, very much on point, is from the residents of Oakville; Windsor; Kitchener-Waterloo; Niagara-on-the-Lake; Vernon; Courtenay and Black Creek, B.C.; and Montreal, all calling on the government to withdraw Bill C-38, the so-called budget implementation bill, and to ensure that those non-budgetary matters receive proper review and are not forced through, as the government appears intent upon doing.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 5:10 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, it is an honour for me to speak on behalf of my party on this motion. I want to preface my remarks by saying I was hoping to have the opportunity to ask my colleague, the Parliamentary Secretary to the Leader of the Government in the House of Commons, a question. I, too, am amazed at how he can so articulately outline the position of the government and make it so understandable and do it without notes. Unfortunately, I have not gained that opportunity. However, maybe with a few more years of sitting under his mentorship I will have some of that under my belt.

I am pleased to rise in support of the government's motion, pursuant to Standing Order 27, to extend the sitting hours of the House in the final two weeks before the summer adjournment. Later, I want to make a few general comments about why we need to extend the hours. Now, I would like to focus on the House rules as they relate to the ability of the government and the need of the government to implement this measure.

O'Brien and Bosc House of Commons Procedure and Practice states on page 403:

Since 1982, and the advent of a fixed House of Commons calendar, the Standing Orders have provided for the extension of sitting hours during the last 10 sitting days in June.

O'Brien and Bosc further states, on pages 403 to 404:

In order to extend the hours of sitting in June, a motion, for which no notice is required, must be moved by a Minister during Routine Proceedings on the 10th sitting day preceding June 23. The motion, which must propose to extend sittings to a specific hour, but not necessarily for every day during that period, is subject to a maximum two-hour debate before the question is put by the Speaker.

Standing Order 27 is designed to provide the government with the option of seeking additional time before the summer adjournment for consideration by the House of important government priorities. This House has accomplished a lot this session, but there is more important work to do. Adopting the motion would provide further time for the House to debate important economic bills, like Bill C-38, the jobs, growth and long-term prosperity act, which would benefit our constituents, before we return to our ridings this summer.

Earlier in the debate today, my colleague from Winnipeg North made a comment to the House leader, something to the effect he was challenging the House leader to be sure that the House leader stayed here in Parliament for the full extent of the debate that we would have during these sitting hours.

I would like to point out to those who may be watching that much of the work of a parliamentarian is done outside this House. Yes, it is important that we are here for debates, motions and votes. However, my colleague will know that much of the work of a parliamentarian has to happen outside this House. We go back to our offices here on Parliament Hill. There are emails to deal with, phone calls to deal with, stakeholder meetings that are required of us. All of these functions are part of a parliamentarian's duties.

Add to that the responsibility of a House leader and one could imagine that it would be impossible, and my colleague knows this, for the House leader to sit here at his desk all day long to engage in debate. There are other important obligations placed upon our House leader.

It is important to point out to Canadians who were expecting us to move ahead on many of these initiatives to think about some of the positions that the NDP members have taken over the past number of weeks. They have repeatedly complained of lack of time to debate the legislation that we put before them. And now, here we have before us an opportunity to extend the hours to give them more opportunity.

Another point of irony in this whole debate is that during the debate on Bill C-38, the member for Burnaby—New Westminster used virtually 98% or more of the time available for all members to debate that bill. He used up all of that time, not allowing his colleagues, even the members of his own party, let alone the opposition, the opportunity to adequately enter into debate on that bill.

So, here we are, today, giving them the opportunity to extend those hours so that we can have important debate on the important legislation that we have tabled and they are saying, “No, we don't want to do that”. I think Canadians expect us to work until the job is done.

In these last six years that I have been a member of Parliament there are two things for which I am thankful. One is that I was raised on a farm and learned how to work hard and the other is that I learned how to work as a team member. Farmers realize that when it comes to spring planting season, they have to put in longer hours if the job is going to get done. When it comes to harvest in late summer or fall, farmers have to put in extra hours and extra resources may have to be called in. Canadians expect us at this point in history, when the economic recovery is still so fragile, to get the initiatives in this legislation implemented quickly.

Some misinformation has been given out today regarding the environmental changes that we are proposing. My colleague from Saanich—Gulf Islands said “we are torching” the environmental regulations. Nothing could be further from the truth.

Bill C-38 proposes that when major projects are under review there be one project, one review, so that we are not needlessly duplicating and adding time and cost to those who are trying to move on with a project. Environmental assessments will be just as rigorous, perhaps more so. We will be giving companies a timeline in which the answer will be given. The answer may still be no, that the project cannot go ahead because of an environmental concern, but at least at the end of the day the company that is trying to move ahead with a project will have a definitive answer and it can move ahead with certainty.

Over the past number of days and weeks we have debated the changes to the EI system. I sat here through hours of debate as my colleagues on the other side argued against the fact that people should have the opportunity to take a job earning 80% of what they previously earned rather than sitting at home earning 55%.

Many of my constituents find that incongruous. How can those members possibly argue that it would be better for a Canadian to sit at home, not gainfully employed, not feeling productive, not having the honour and the self-esteem of having a productive job, when that individual could earn up to 80% of what he or she previously earned?

Also in the works here are the immigration and refugee changes we are suggesting in terms of getting rid of the hundreds of thousands of backlog cases that we inherited and trying to match the skills of those who plan to immigrate to Canada with job opportunities here. On this point, there is one thing that is being missed by a lot of Canadians.

People criticize us for wanting to keep immigrants out. Nothing could be further from the truth again. I have attended probably 100 citizenship ceremonies in the last six and a half years. Those who are calling for changes to our immigration and refugee system are new immigrants to Canada, who arrived here within the last 10 to 30 years. These people are saying that we need to ensure that we have a fair immigration system, one that gives a clear timeline as to what immigrants can expect in terms of job creation.

Changes to the fisheries and oceans act would also be implemented with the passing of this legislation. I come from an urban-rural riding. Many times farmers in my community have told me how frustrating it is when the Department of Fisheries and Oceans puts undue regulatory roadblocks in the way of their development simply because at one point a particular ditch may have had water in it and there may have been a few tadpoles in it and now they are facing many obstacles in getting on with fully implementing the projects that they want to do.

Under our government's economic action plan, Canada's deficit and taxes are going down. We heard today that Tax Freedom Day is today, June 11. I remember so clearly when I was running for office in 2005-06 that Tax Freedom Day was June 26. Here we are, fully two weeks earlier in reducing the tax burden on Canadians we have been called here to represent.

It is an honour for me to support the government's initiative to extend the sitting hours so that we can actually get the job done. Canadians expect that. They sent us here to do that. If we work together, we can get it done.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 5:10 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I will ask my colleague a fair and hopefully tough question. I am sure he has a lot of experience in the House. There are many rules and procedures that he has talked about in this House.

One of the procedures or rules that I have learned from my friends the Conservatives is time allocation. They have certainly used it enough times. I know backwards and inside out how the motion is put together. My Liberal colleague talked earlier about how that is used to stop debate in the House. I will go even further. I think the Conservatives really do not want to talk about what is in Bill C-38 so we cannot get to the bottom of it.

Therefore, my question to my colleagues is this. What are they hiding? What do they have to hide that we cannot have a proper discussion in the House on Bill C-38?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:40 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is an honour for me to stand here and debate some of my more learned colleagues on the motion we have before us, which is of course to extend debate until midnight over the course of the next two weeks.

Standing Order 27 is the standing order we are talking about here. I should say that this standing order, of course, has been utilized many times in the past. In fact I recall when we first formed government in 2006. I believe the first opportunity we had to utilize Standing Order 27 and extend debate was in 2007. Since that time we have not had extended debate.

We have not had extended sitting hours for the last two weeks of a Parliament, but that is due to a number of different factors. For a couple of years, 2008, 2009, I believe it was just an agreement made between parties that it would not be required. I also believe there was an implied threat from members of the opposition during those minority government years that, in fact, if our government had brought the motion forward it would have been defeated.

There is a reason why Standing Order 27 was incorporated to begin with, and that is to allow the government of the day to bring forward pieces of legislation in an attempt to get them passed before that Parliament rose for the summer. It is always in the last two weeks of a parliamentary session, heading into the summer months, that this ability of a government to bring forward a motion for extended sitting hours is there.

I find it interesting that members of the opposition, particularly members of the official opposition, the NDP, have stated that they will be opposing our motion for extended sitting hours. In fact I always find that disingenuous on behalf of the opposition members, because they have consistently stated that they want more debate time. On almost every single piece of legislation we have introduced in this Parliament and previous parliaments, the NDP has consistently stated it wants more debate time.

We are now offering more debate time on several bills that are on our legislative calendar, yet faced with the opportunity for increased debate, enhanced scrutiny, the NDP says no. The NDP members do not want to sit the extra hours each and every night to debate bills.

I do not know if we have heard nothing but loose lips talking in previous months and previous years, from the NDP, if in fact it really did not want increased debate all these years, or if the NDP is actually telling the truth right now when it says it opposes the increased debate because it disagrees fundamentally with the government on Bill C-38.

I find it strange that the NDP uses that argument when we in fact have been debating Bill C-38. The opposition obviously has seen enough of the bill to be able to introduce more than 1,000 amendments originally, pared down to 871 amendments.

On one hand, again, we see this disconnect between reality and what the official opposition is stating publicly, and that is simply this: if it did not have enough information about Bill C-38 to begin with, how in the world could it have then brought forward 1,000 amendments? It does not seem to make sense to me that it would have a lack of information about what is contained in Bill C-38 but still have the ability to bring forward more than 1,000 amendments. It must have some knowledge of what is contained in Bill C-38, or else how could it have brought forward any amendments?

We know, of course, that the reality is simply this: opposition members, both on the NDP benches and the Liberal benches, are not looking for more reasoned debate on any piece of legislation that our government has brought forward. They are simply trying to delay implementation of each and every piece of legislation we bring forward.

That is readily apparent, and not only on Bill C-38 but on some of the other pieces of legislation in which we wish to engage the opposition in debate over the course of the next two weeks. There is Canada-Jordan free trade, Canada-Panama free trade and the modernization of the Copyright Act.

All these legislative initiatives were brought forward not only a few weeks ago but, in some cases, years ago. We have been engaging the opposition in debate on some of these matters for literally years, but to no avail. Something I find very troubling is that I hear members of the opposition state that they wish to have meaningful debate and they want to have co-operation with all parties in this place, yet they consistently go out of their way to try to inhibit legislation from passing.

I understand. I get what an opposition does, and I certainly agree that it is there to hold the government to account. I understand that the opposition members' primary function is to oppose government legislation. However, they cannot then say they want to work with the government to bring legislation to fruition if in fact their primary motive is simply to kill the bill, with apologies to Quentin Tarantino.

The government is attempting to bring forward legislation in a timely fashion and to ensure we have adequate debate. However, members of the opposition have consistently demonstrated that they wish nothing more than to delay, obfuscate and do anything in their power, through procedural tactics like hoist bills and other delaying tactics, to prevent our government from passing legislation. That is okay. If that is what they consider to be their primary function in this place, we will deal with that.

However, that is the reason, more than anything else, that we have brought forward time allocation on a number of occasions now. I will also point out to those who may be paying attention to this debate, who are not completely familiar with parliamentary procedures, that time allocation is a function used by many governments in previous years. It is a part of our Standing Order package that allows the government of the day to put a certain time allocation on a respective bill before it comes forward for debate at either second reading, report stage or third reading.

However, I will point out differences between our approach and those of governments in past years, particularly the previous Liberal governments who used time allocation and closure far more frequently than our government and used to have a standard one day of debate on bills that they used to time allocate. Members of this place will know, if they have been paying attention, that is not the approach we have been taking. When we have brought forward time allocation, we have done so in a fashion that would allow for several days of debate after the time allocation motion has been brought forward. Again, contrast that with the previous Liberal government, which would bring forward time allocation motions and restrict the debate to one day and sometimes, as the record would show, to as few as three hours in some cases.

So the only reason we have been bringing forward time allocation on a number of bills is that the opposition members have demonstrated that they will do everything within their powers to delay implementation. If any government is faced with a situation where it has been demonstrated that the opposition will delay and obfuscate to the point of never allowing any legislation to pass, then the government has no recourse and no other option but to bring forward time allocation motions, and that is what we have been doing.

Of course, from a political standpoint the narrative that the opposition members, particularly the NDP, have been trying to weave is that if they can force our government into bringing forward time allocation motions it benefits them politically, by allowing them to stand up in this House and to go to political meetings and say, “This government is restricting debate; look at all the time allocation motions it brought forward”. However, what the opposition members are trying to do is run up the score. They are trying to force our government to bring forward time allocation motions on almost every piece of legislation because it feeds their narrative. That is the reality. Is it good politics? Perhaps. We will find that out.

What Canadians expect of any government is that legislation be passed and that it be passed in a timely fashion. That is what we are doing, more than anything else.

If we look at the number of days of debate, the number of hours of debate, the number of speeches presented in this House on debate with various pieces of legislation that we have time allocated, we would find on average that there has been more debate on a bill-by-bill basis than with any government in the last 20 years. The opposition members do not like that because it is the truth, but if they took the time to actually research what I am saying, they will find it is absolutely true.

We have many new members in this place, so I do not expect them to know all of the parliamentary history, but I would encourage them to please go back and look at legislation that previous Liberal governments brought forward and look not only at how many times time allocation was used but also at closure. I am assuming that the members opposite know the distinction between time allocation and closure.

The reality is simply this, that Canadians expect governments of the day, regardless of their political stripe, to pass legislation, because without that ability, no government can function.

One of the problems in a minority government, which we all saw from time to time, is parliamentary gridlock. We reached an impasse where legislation simply would not pass because of the combined forces of the opposition blocking any attempt by this government to pass legislation in a timely fashion.

Obviously the dynamics have now changed: we have a majority government we are getting legislation through. Yet more needs to be done.

I will give four quick examples of what I consider to be critical pieces of legislation that Canadians would like to see our government act upon. I have mentioned them previously. One is the copyright modernization act, an act that has not been modernized for far too many years. We are on the cusp of finally passing that bill, but we need additional time to do so.

We have two more free trade agreements, one with Jordan and one with Panama, that will greatly enhance our economic ability to create jobs, to create wealth within our country. We need time, however, over the course of the next two weeks to get those bills properly debated and, hopefully, passed.

Of course, we have the pooled registered pension plans act that will provide, for the first time, to Canadians who are self-employed and do not currently have pensions the ability to opt into a pension plan, which will affect hundreds of thousands and actually millions of Canadians.

These are all extremely important pieces of legislation that Canadians want to see passed, which is all that we are trying to do, to ensure that over the course of the next two weeks before we rise for the summer, that at minimum these four pieces of critical legislation are passed.

Do we expect to get cooperation from the opposition? I will not prejudge that; I simply will not do that. I hope that the members opposite who have been speaking today in this debate, stating that they wish to cooperate with the government, are sincere in their comments, but time will tell.

I do want to mention the relationship, as I mentioned to my colleague, my friend from Winnipeg North, that should exist among House leaders. I, too, have been involved with the House leaders management team for the past number of years. In fact, I have been the parliamentary secretary to five different House leaders since we were first elected to government in 2006, and I can assure the members opposite, all members, that from time to time, while there may be acrimony and some hard feelings, I believe that on most occasions the House leaders of all parties, opposition and government together, do work together in a fairly collegial atmosphere.

There will also be times when all opposition parties and the government, through their House leaders and their House management teams, can agree on certain pieces of legislation that can be passed.

I will not tell any stories out of school, or break any confidential pact, because House leaders meetings of course are in camera and are confidential, but I can assure members opposite that I have been involved in previous years in negotiating when sessions end.

I do not want to give the impression to any Canadian that parliamentarians want to get out of here early and do not want to do the work they have been elected to do. However, from time to time, as we get close to an end of a parliamentary session, there is the opportunity for all parties to come together to try to agree on what legislation might be available for quick passage.

It is not uncommon, for example, for opposition parties to come forward during House leaders' discussions and ask what priority pieces of legislation the government has on its agenda. That is code of sorts, quite frankly, for what pieces of legislation the government wants passed before we get out of here for the summer. Maybe we could have some discussion; maybe we could find some common ground, some agreement. It has always worked well and I anticipate, or at least I certainly hope, that this opportunity over the course of two weeks will not disappoint me and that we will find common ground again.

I particularly want to point out that I agree with a comment by my friend from Winnipeg North a little earlier, that surely to goodness there could be the type of relationship among House leaders that allows for some legitimate debate on the length of time that bills need to be debated. I have had this conversation with the House leaders of both the Liberals and the NDP in months and years past. In a perfect world I would love to see a situation or the type of dynamic in play where on a relatively normal bill, a non-controversial bill, we could agree on an average length of debate. If we could agree, whether it is five days or ten days or so many hours, that would be the standard we would try to hold ourselves to.

Obviously there would be times where legislation that any government introduced would be opposed vigorously by the members of the opposition. We have clearly seen some of those in this session of Parliament, such as on the long gun registry and the Wheat Board, and there will be others. I can understand that, and I believe that the opposition members understand that those are the types of legislative initiatives where the opposition and the government will never find common ground. That is okay. That is the nature of democracy; that is the nature of Parliament. In those cases though, I still think that we could find some common ground to agree that if we are going to encounter vehement opposition, then what is a legitimate timeframe we can put on that debate. Perhaps it would not be as short as some of the more non-controversial pieces of legislation, but can we at least find some agreement to limit debate after a certain period of time, if we know that we will never find agreement between the opposite sides of the House?

That has been attempted. At times it has proven to be successful. I would like to see more of that type of dialogue between parties. However, where we cannot bridge that impasse, then we will find that the government has to use the levers at its disposal. We have been doing that, but I believe we have been doing that in a judicious manner.

I invite comments from opposition members to see if there are ways they would suggest for us to find even more enhanced co-operation between all parties in this place.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:40 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the simple answer is that, instead of being 400-plus pages that affect 70 acts and in some cases delete some of them, Bill C-38, the budget bill, likely could just as easily have been 14, 15, or even more substantial pieces of legislation. That is why Canadians need to be concerned with where the limit is. If the government says it is going to have a “long live Canada” budget bill, that means it could incorporate every piece of legislation it wants to put in in any given year and say it is now the budget implementation bill, and it could affect even more than this one does. It is a very dangerous direction we are going in today with Bill C-38.

What offends me most is that the government somehow accumulated the courage, and courage is probably not the right word on this. I would never have thought it would bring in a bill like this that incorporates so many changes in so many different ways in one bill, a budget bill. I believe it is dishonest and anti-democratic. I truly believe there are a number of Conservative members in the House who would be voting against Bill C-38, if there were a free vote.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

A member from across the way says that they do. He better canvass his constituents because it will become an election issue. The Liberal Party will take that issue to the polls.

At the end of the day, the residents of Winnipeg North, and I do not think they are too far off from those in the rest of Canada, are very upset and concerned about the pension issue. They want to have that option to retire at age 65. They believe in that program.

Let us take a look at the micro-scales on the impact of the budget bill.

We have immigration offices that are being closed down, hundreds of CIC workers are being taken out and individuals who are in need of these services are impacted.

We can talk about search and rescue and the impact the budget bill will have on it, with offices being relocated or closed down. There are many different issues.

Earlier today I received some correspondence regarding the Riel House in the city of Winnipeg. Louis Riel was one of the founders of Confederation as far as many Manitobans and Francophone are concerned, but that house is now in jeopardy.

There are so many issues that are related to Bill C-38. We have to look at all the other issues. The government House leader said, the Conservatives had other legislation that they wanted to get passed, and he then started to list off more legislation. We welcome the opportunity to debate and have proposed legislation go to committee.

We are interested in those important issues on which Canadians want parliamentarians to work. It was the Liberal Party that first raised the issue in last fall's session that the number one priority for Canadians was jobs, jobs, jobs. Unemployed people are concerned about being able to provide for their family and themselves. We have recognized the importance of the economy.

We are prepared to do whatever it takes to ensure that we move forward in a positive way and that we let the government know what the concerns are. Last fall, I spent a lot of time talking about jobs. However, in the last few weeks it seems I have been talking more and more about process because I am concerned about what is happening inside the House. Many may see process as being somewhat of a dull issue, but it is far from that.

This is about democracy. This is about the rights of members of Parliament to really engage in discussion that is necessary, whether it is on the floor of the House of Commons or after a bill passes and goes to committee. We have to ensure that those rights are protected. There is an expectation, and I do not know about other members, I would assume so, that when we knock on doors and tell our constituents we are prepared to go to Ottawa to ensure their concerns are addressed, that we do so. I have always added that I want to bring Ottawa to Winnipeg.

The point is to ensure that the concerns of our constituents are addressed. That is why in this very short of period of time, when we talk about the extension of hours, I raise the issue of the budget and the seniors issue. I can talk about how this budget will impact health care. It has always been a very important issue, not only for residents of Winnipeg North but, I believe, all Canadians. A big issue has always been crime and safety in our streets, something that I have argued may even likely be the number one issue for Winnipeg North in the minds of a good percentage of my constituents, and for just reason. This is one of the reasons why I talk about that a great deal, and will continue to do so.

However, the motion that we ultimately will be asked to vote on is if the House should extend its sitting until midnight for the next period of time. I would feel so much better if the government House leader and the government's House leadership team would work with the opposition House leaders and their teams to see if in fact we could come up with some sort of compromise so Canadians would be served first and foremost.

It is interesting. The government House leader concluded his opening remarks on the motion by saying that we should put Canadians first. This would be a challenge that I would put to him, to put Canadians first.

I was provided with a quote that the government House leader actually made back in July 2005. It states:

A major reason I became politically active was because many in my family...lost their lives, or freedom at the hands of the Soviets or Nazis. I believe our democracy is fragile, and something we must cherish and defend.

This was something he apparently had on a website on July 5, 2005. He was talking about what was a sad day in the House of Commons.

I, like the government House leader, like to think I am a defender of our democratic system and our institutions. I believe it is important that as a House we work together to try to address the important issues of all Canadians.

The House leaders of all political parties inside this chamber play a very important role. If the House leaders do their job, then we are able to have an orderly ending to a session. There will be bills that will be opposed and the opposition will want to voice those concerns. We should not try to tie their hands. We have to allow, for those controversial bills, the opportunity for the opposition members to express themselves. That means not bringing in time allocation as often as the current government has. It means to allow the committees to do the work they need to do so these issues are addressed in a timely fashion.

I look forward in the future to the government House leader working with opposition House leaders in an attempt to have more orderly windup sessions.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is with pleasure that I stand to speak to this motion, a motion by which I am not totally surprised. One could have anticipated it, given the record of the government and its inability to negotiate in good faith.

Let me start by saying that I do not have a great deal of legislative experience here in the House of Commons, but I do bring with me quite a bit of experience from the Manitoba legislature. I like to think that a lot of the principles are the same. There are different issues and so forth, but I have a fairly good understanding of the principles of how a chamber works and how House leaders should be working with each other to try to get through legislative agendas. I have been doing it for 20 years now.

I would like to focus my first few minutes on the fact that we need to look at why we are in the situation we find ourselves in today. The government, more than any other government, has set a record on time allocation. It brings in time allocation in order to pass its legislative agenda. It is almost becoming standard process, as opposed to sitting down with opposition parties.

The Conservatives present their legislation to the House. They pick a bill, wait a day and then bring in time allocation in expectation that it will pass. They do not have to consult. I think that is some sort of pent-up anger from the minority days or something of that nature, and we are seeing a very irresponsible, anti-democratic Reform Conservative majority government that has been destructive to process inside the House of Commons.

I have worked with majority government in the past, when there were NDP House leaders and Progressive Conservative House leaders. On all occasions, I have had the opportunity to sit in the House leader's office or in a committee room, and the government members will say, “Here is what we are looking at as a legislative agenda. Here are the important bills that we want to get passed over the next number of months”. Opposition members will then say, “We want to have x number of hours of debate on this particular bill because it is controversial legislation and we feel it needs to be debated. It has a higher priority for debate.”

The point is that there is a sense of cooperation to make sure that what is taking place on the floor of the legislative assembly, or in this case the House of Commons, is being debated fairly.

That is not to say I have never witnessed closure of some form or another inside the Manitoba legislature. That happened, and whether it was the NDP or Progressive Conservatives, it happened. It is a tool that is there, and I believe political parties of all stripes have at times had to go into that tool box.

However, more often than not I have witnessed agreements to go into extended sitting hours, and that is what this motion is all about. House leaders say they need more time to get something passed, but what has amazed me in my year and a half in the House is the lack of goodwill, the lack of trust coming from the government side in terms of trying to get things through the House of Commons in a fair and appropriate fashion.

I can recall the Canadian Wheat Board legislation that was put through in this session. This huge piece of legislation impacted 30,000 or 40,000 prairie farmers. We have a law in place that says that the Prime Minister has a responsibility to ensure a plebiscite for the farmers. The plebiscite is still in the court process, but the government brought in legislation that it expects MPs to pass without the farmers even having the plebiscite, a right that the law in essence guaranteed them. It guaranteed that they should have a vote because of the changes to the wheat board.

We in the Liberal Party opposed what the government was doing. We opposed the fashion with which it was bringing in legislation. What did the government do? As it has done 20 other times, which is a record, the government brought in time allocation. It has brought in time allocation 25 times, I believe.

What does time allocation do? In essence, it prevents debate and allows the government to rush through legislation. By doing that, the government is doing a disservice to Canadians and it is not respecting the House.

I do not know what the tradition has been—three, four, five times a year?—but I do know that no other government has brought in time allocation 25 times in one year. That has to be record. It could be a Commonwealth record, as far as I know. That is what is wrong with the Conservative government.

I am not fearful of sitting until midnight. I have sat around the clock before. I have sat in committees before.

The government House leader says we have had eight or ten hours of debate. This is a budget bill, and we are spending over $250 billion. The Manitoba legislature had 240 hours of line-by-line debate on estimates to spend $6 billion. That was only on a $6 billion budget at that time. Those 240 hours have been reduced somewhat, and the amount of money that the province of Manitoba spends has changed , but everything has to be put into its proper perspective.

Bill C-38 has been termed the “Trojan Horse” as a budget bill because 70 laws would be changed, amended or deleted, and all through the back door. Is there any wonder that all these little red flags are shooting up all over the place the more Canadians find out about it? Canadians realize that what is happening here is wrong.

It goes beyond the NDP and the Liberals. I saw the YouTube clip in which a Conservative backbencher was sharing with an intimate group of constituents that a number of Conservatives have some trouble with the legislation but that they do not have any choice. I would suggest that there is a choice, and that choice needs to be looked at.

This is unprecedented. The size of the legislation and its profound environmental impact are significant.

The motion we are dealing with does not deal just with Bill C-38. It deals with a wide variety of pieces of legislation. There is no secret here. We know the government's intentions. It is going to bring in more time allocation, because the government House leader has not been able to negotiate. He has not been able to sit down and work things through.

The budget bill would have a profound impact on the environment. Why did the government choose to put something like that in a budget bill?

I do not know how many of my Atlantic colleagues have raised the EI changes in question period to try to get the government to wake up on the employment insurance issue. This is costing industry in Atlantic Canada, Quebec and all over Canada. We have industries that are being put in jeopardy because of what is being sneaked through the back door with this legislation. There would be reforms to EI and pensions.

I have never had as much interest for signing petitions as I have had on the pension issue. Whether here or in my previous life as an MLA, I have submitted a few petitions over the years, but never with as much interest as on the pension issue. Canadians feel very passionate about our social programs. Increasing the retirement age from 65 to 67 is just a dumb idea and Canadians do not support it.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:10 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the member is entirely correct. The NDP went to extraordinary lengths to hold budget hearings, both here in Ottawa and right across the country.

When we realized that the government was intent on just pushing this measure through at any cost, we decided that we had to get out there and hear from people, and we did just that. We got a huge response from people, and I think it has helped to generate people's awareness about this bill and given visibility to what is in the bill.

I agree with the member that this is not an issue of whether we come here at 10 or 11 o'clock at night. We have shown on so many different occasions, whether on back-to-work legislation or in any debate we have had, that we are totally engaged in doing our work in this place. We take it very seriously.

What we are responding to with this motion is the intent behind it. I think it is just an illusion that somehow we are going to have more debate on this particular bill and other pieces of legislation.

This is all about creating space to then allow for more time allocation. Let us make no mistake about that. We absolutely know what the number is and we know what is going on here. I want to say very clearly that what we are calling for is substantive debate, not only of Bill C-38 but also of the other pieces of legislation that may come forward, so that we can have a thorough oversight and investigation into all of these elements, particularly in Bill C-38.

This is the most important thing that we should be doing, and the government has absolutely refused to respond to it.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, when the government House leader claims that the government is suddenly providing additional hours for debate and proper study of the bill, at least in the case of Bill C-38, his mouth should feel as though it is full of ashes to say something like that. We have seen the torching of environmental legislation by it being rammed through at second reading and the committee process that followed.

I heard the hon. member on the Conservative benches say that this bill has received more study than ever. I worked on the passage of the Canadian Environmental Assessment Act that, by Bill C-38, would be repealed. It was taken through the Privy Council Office in 1987 for permission to draft. It was finally tabled before the House and passed but did not get royal assent until 1994. In my experience, it takes years to bring forward good environmental legislation and it takes weeks to bring out a wrecking ball.

I do not see how, at this point, being told that sitting until midnight for the two days left at report stage provides any real content to the debate.

Does my hon. friend from Vancouver East get any sense that the Conservatives are willing to negotiate to bring Bill C-38 to a conclusion that includes taking on amendments?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4:05 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, there is just no two ways about it. The more people find out about Bill C-38, the omnibus budget bill, the more they hate it and the more the government is intent on getting it through the House and out of the way. This is what this is about.

I attended a public forum with some of my colleagues in Regina a couple of weeks ago and that was when information about the bill was just beginning to come out in a way that people were asking what was going on in Ottawa and what was all the stuff in the bill. When we started listing for them all the different pieces of legislation and the issues they would impact, whether it was pensions, the environment, health care or first nations, people's jaws were dropping.

There is a critical mass of people across the country, whether in organized groups or individuals, who are aghast at the methodology that the government is using, which, of course, is why the government now wants extended hours. It wants to finish things off and get the bills through, something that we oppose.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 4 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, over the weekend, I was in Winnipeg. I have found that as more and more Canadians become aware of what Bill C-38 is all about there is a great deal of resistance. We are starting to see its quite significant presence on the Internet as more and more Canadians are starting to react to finding out what the government has done with regard to that specific bill.

I would ask my colleague from the New Democratic Party how she feels Canadians as a whole are reacting to Bill C-38 specifically.

My interpretation is that the more people find out about it the more upset they are. I think the government would do well to recognize how offensive the bill is to our democratic system and to Canadians as a whole. The government would be well advised to go back to the drawing board, in essence, on this bill and to bring in a normal budget implementation bill that would take away a lot of the amendments proposing to significantly change legislation, such as our environment act.

June 11th, 2012 / 4 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Thank you very much, Mr. Chairman.

Thank you very much to our guests.

As I listen, hearing after hearing, to representations on the invasive species problem, I'm amazed. I'm from the east coast, from Nova Scotia, and so this is all relatively new to me.

Boy, do you ever have a challenge. The sea lamprey issue is enormous.

The indication, of course, is how much of your budget is taken up by it. The fact that you have two nations, four states, numerous first nations communities, and two provinces means it's big.

The research is so important because of the impact it has on the commercial fishery and the fishery in general, fish habitat, and so on.

I want to pick up on the fact that a release came out from the committee of advisers to the commission last week, June 7. The committee of advisers is made up of both Canadian and U.S. appointees and members of various first nations groups. If I may, Mr. Chairman, I just want to quickly read the resolution that was passed,

Therefore be it resolved that the Committee of Advisors to the Great Lakes Fishery Commission calls on the Minister of Fisheries and Oceans and the Government of Canada to consult broadly with aboriginal peoples, stakeholders, and fisheries and aquatic science experts possessing insight into the full range of ecosystem functions necessary for the health of Great Lakes and their commercial, recreational and aboriginal fisheries, before making changes to the Act....

I'm sorry, I should have said that it is specifically in regard to Bill C-38 and the changes that are proposed to the Fisheries Act.

Finally,

Be it further resolved that Advisors call on the Minister of Fisheries and Oceans and the Government of Canada to ensure that for the purposes of the Act, fisheries habitat is defined to include the full range of habitats important to the maintenance of fish stocks, including those created by human activity, such as drainage and degradation of wetlands, impoundment or channelization of rivers and streams or shoreline and bed alterations of water bodies, or otherwise the product of the reconfiguration or alteration of aquatic habitats.

Mr. Chairman, I'd be happy, if you'd like, to make that release available if you don't have it.

Clearly the committee of advisers has some serious concerns about Bill C-38 and what it's proposing to do. One concern is that they feel more consultation is required. Second, they feel that the definition in the act of fisheries habitat is not sufficiently broad to consider.

Initially I have two questions. One is—and you explained this to us a little bit—that we see on your organization chart that on either side of the commission are the advisers as appointed by Canada and the U.S., but then where is this committee of advisers relative to the commission?

Second, do you support, as does the commission, the resolution as provided by the committee of advisers?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:45 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, it is unfortunate that we have this debate today about extending hours, because we cannot look at this particular motion in isolation from everything that has happened in the past year since the election, under this Conservative government.

I would begin my remarks by saying that I think a measure of a government is how it represents and respects the institution it operates within. By and large, certainly a majority government controls that institution. Therefore, how the government actually operates on a day-to-day basis and operates overall in terms of respecting the opinions of opposition, of members of the public, of committees, of the structures and the vehicles that we have, is a very important criterion in terms of how one looks at how a government is performing, whether it is the current Conservative government, a majority government or former governments. One has to look at this motion today in that context.

I mentioned in my remarks earlier that we have seen the government now bring in time allocation possibly 20 to 24 times on different bills. Time is a very valuable commodity. It is something by which we all operate. We understand the importance of it. I do find it incredibly ironic that, on the one hand, we have a government that has been doing everything it can to restrict the time we have for debate, for example, on Bill C-38, but on the other hand it is looking for an expansion of time in the next two weeks because it wants to get everything else through. This is really very disrespectful of the process we have in Parliament and is disrespectful of the engagement that members of Parliament want to have.

Bill Blaikie, who was the former member for Elmwood—Transcona, actually was the dean of the House. He was a very long-standing member of the House of Commons for more than 20 years. I remember speaking with Bill Blaikie on many occasions and getting a sense of how much the procedures had changed in this place, how much the rules had been bent, managed and finessed to basically minimize and restrict what members of Parliament can do.

We have to look at this issue over the longer term. We have to look at how much has been cut out already. Whether it is the right to have ongoing debate or the rules of the House generally, there has been so much undermining of the democratic process in this place. When we look at this motion today and we look at the underlying intent that motion has, which is to basically control the government agenda and to do everything it can to push through what it believes is necessary, then we can see that this place begins to be diminished. Its role and the role we have as individual members of Parliament begins to be diminished.

I remember, back in 1998 or 1999, the Reform Party of the day bringing in 472 amendments on the Nisga'a treaty. It is curious though that the Conservatives seemed to have no problem then in insisting that there had to be proper debate and a proper process. In fact, they used it. They were very opposed to that treaty. I remember voting. I think it was about 48 hours straight when we voted on those 472 amendments to the Nisga'a treaty in British Columbia. They seem to have forgotten all of that. They seem to have forgotten the process and the need to have some sort of equilibrium in this place. It has now become a very heavy-handed measure that it uses. That is what we are seeing today with this motion.

If we add on other examples, such as gag orders to employees, this is no longer a place where even people who work in different departments of the federal government are free to express an opinion. The gag orders are out there to shut down, to be silent and to self-censor. It all speaks to a pattern of incredible control. It speaks to a pattern of undermining the democratic process.

All opposition parties have a responsibility to hold the government to account. My hon. colleague from Skeena—Bulkley Valley, the NDP House leader, in his earlier intervention on a point of privilege made the point well that by blocking information to the Parliamentary Budget Officer, by withholding information to parliamentarians, we are impeding the proper functioning of a democratic process.

When we put all of that together, we can begin to see we have a government that is arrogant in its approach and dismissive of any opposition. That speaks badly to our democratic process as a whole.

We have seen unbelievable opposition to Bill C-38. We heard the governement House leader say earlier that this is the longest debate we have ever had. Seven days at second reading on a bill that would have so much impact on almost every aspect of anyone's life in Canada, amending more than 70 pieces of legislation, is the equivalent to having one day of debate for 10 different pieces of legislation. I do not think anybody could characterize that as any kind of adequate or substantive debate.

We are not only opposed to the motion and all of the processes that are unfolding in such a high-handed way by the Conservative government; we are also dealing with the substance. We are also opposed to the process of ramming through all of these bills because the substance of what is contained in the legislation is critical. It is important that people understand what all of these changes are about. We have been pressing that day after day in question period and in committee, where our team did an incredible job of bringing forward amendments.

The list of changes and their impacts is just unbelievable. We have heard about changes to food safety inspection and EI. The government is basically rewriting the way EI will operate. What is worse is that it will be under the complete control of the minister.

We are debating changes in Bill C-38 that would give the Minister of Human Resources and Skills Development huge powers to make regulations and unilateral changes to the employment insurance system. This is particularly offensive because, as we know, the employment insurance system is based on contributions from workers and employers. It is a system that people rely on when they need it. Yet the wholesale changes that we know are coming, with respect to what is considered suitable employment, how far one has to travel, the wages that are involved, are all substantive changes. The ability to examine even that one piece in Bill C-38 has been minimal.

We also heard earlier today from the member for Halifax, who raised a question in question period, as she has done for many days both here and in committee, about the changes to environmental assessments. Today in question period she noted that Bill C-38 would, with one clause, change the whole environmental assessment procedure in Canada. The bill would basically bring in a whole new system. In normal terms over the history of Parliament, these are changes that would have intense scrutiny, each and every one of them.

Scrapping the director general of CSIS, what is all that about? Why is that being allowed to happen? What about the gutting of the Fisheries Act?

What about weakening foreign ownership rules on telecommunications? People who work in this industry, not the big corporations, are hugely concerned that buried in Bill C-38 are significant changes to foreign ownership rules that would make it much easier for corporations from abroad to come into Canada and take greater control over our telecommunications industry. That is something that requires substantive examination, but it is buried in the bill.

We have the cuts to health services for refugees. This one only came out more recently and now there is a huge outcry across the country about what the impact would be for refugees. We hear the talking points from the government members saying that refugees will not get anything more than anybody else. However, the loss of some of these medical services would have a significant impact upon people's lives.

However, do we get time to examine this? I do not think so because again this is something that is being rammed through.

The governement House leader mentioned some of the other legislation that his government wants to move through if the motion to extend the hours passes, which, of course, it has the votes to do. It is very possible that, with some of these bills with which other parties in Parliament agree with, there may be some agreement to have a good debate and to see the passage of those bills. That is something that we have done for many years where there is co-operation, where there is some dialogue, conversation, that we can actually come to an agreement. It seems to me that is the way we should be conducting our business. We should be allowing the House leaders to meet to figure out, where there is some agreement, which bills can go through, because there may well be agreement that there has been adequate discussion and that would be a timely and proper thing to do.

However, I think it is wrong to lay down a whole list of probably 15 or more bills and say that in the next two weeks we will sit until midnight, that we will ram all these bills through no matter what anybody thinks and no matter the length of debate. I know the Conservatives will use the argument that we can debate it all we want but I think the central point that we need to make about this motion is that it is not intended to allow substantive debate on these bills, whether there are 6 or 10 or 15. The purpose is to allow the government to , ram them through. I will bet my bottom dollar that it will now accompany this extension of hours, if it gets it, with time allocation.

I again come back to my first point, which is that on the one hand, the government is both restricting debate on Bill C-38 and other bills and it is also creating time for further debate so that it can also restrict debate to get the bills through. This is what we have come to. I have been in this Parliament now 15 years, through six elections. I have seen minority Parliaments and majority governments. I have seen how this operates. I know that if there is that process of some dialogue, goodwill, respect and trust, having been a House leader for eight years as well, we can arrive at a consideration and an agreement about the House agenda. We have the capacity to do that.

However, when the government y is so disrespectful of both the process and the substance and has an agenda that it just wants to ram through in the closing weeks of Parliament, all I can say is that we need to do our job and our job is to hold the government to account. Our job is to ensure that there is substantive and proper examination of all the bills before the House. We owe that to our constituents and to the public in general. I can tell from the emails that I am receiving and the stuff that is on Facebook that people are truly alarmed at the government's method of dealing, in particular, with Bill C-38.

People are only just beginning to understand the comprehensiveness and the far-reaching impact that the bill would have. This notion that it has had the longest debate ever is just nonsense. We need to look at what is in the bill. We need to know all of the legislation that it is trying to change. We need to know that none of that has been properly examined.

I do find that the government, in putting forward this motion today, is, regrettably, just a continuation of the arrogance it has displayed. It is a continuation of a disrespect of this place. It is a pattern of just wanting to get something through at any cost.

I feel very proud that the NDP, the official opposition, has spoken out very strongly. All of the amendments we have for Bill C-38, which will be voted on this week, are a reflection of the opposition that exists in this country. They are not just spurious amendments. These amendments are a reflection of what it is we are hearing from Canadians.

It is incredibly disappointing that the government is refusing to budge even an inch to look at splitting the bill or to look at ways to manage the bill so that there is proper debate. We have not seen the government willing to move anything on that front. That is a real indication, unfortunately, of where the Conservatives are at.

We will not be supporting the motion, not because we do not want to be here at night to debate. We are quite happy to do that. We are good at it. We would be happy to debate until midnight. However, we need to look at the intent of the motion and we know full well that the intent of the motion to extend the hours is so the government can bring in further time allocation to ram through Bill C-38, plus a dozen or more other pieces of legislation.

That is offensive. It is disrespectful of this Parliament. It is something that we do not think can be unchallenged, and it is for that reason that we oppose the motion.

I would like to move an amendment. I move:

That the motion be amended by replacing the words “Friday, June 22” with the following: “Thursday, June 21”.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:40 p.m.
See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, when Canadians reflect on the opposition parties in Ottawa today, the reason that they often conclude what we see mostly are partisan games from the opposition is that normally the member would be standing up complaining that he does not have enough time to debate. Now, faced with a motion to provide more time for debate, the opposition parties, both of them, indicate that they have a problem with that motion. I find that irony tells us everything we need to know about the motives of the opposition party members in how they approach things.

Our approach, as the hon. member talked about C-38, is to take a look at what is important for Canadians. What they are concerned about most these days is job creation, economic growth and long-term prosperity. We brought forward a legislative agenda, including our budget implementation act, to deliver on things like a tax credit for small business job creation; additional investment in skills development, research and innovation; additional opportunities to harness our natural resource advantages; a way of making sure that we continue to have the most skilled workforce in the world; and bringing forward that comprehensive economic plan, subjecting it to the longest debate in decades in Parliament, the longest committee consideration, but also ensuring that we move forward with real decisions.

The opposition's response is to look for delay and obstruction tactics. It is not to talk about the substance of it, but simply to delay and play games. However, we want to deliver real results and focus on the substance of the economy for the benefit of Canadians.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I found it interesting that the government House leader, in his remarks, asked us to do what he believes is in Canadians' best interest. The Liberal Party of Canada has been doing just that.

One could ask why the government House leader is not behaving in a fashion fitting for this House. When he asks us to do what is in the best interest of Canadians, how would he, for example, defend the government's approach in dealing with Bill C-38, the budget legislation?

He complains that the opposition wants to debate the bill and have it in committee. However, it should come as no surprise to the government House leader that this is the single largest budget bill ever presented to this House. It is indeed unprecedented. The amount of legislation that is being brought into the bill through the back door is unprecedented. That is why it needs to be thoroughly debated.

The work ethic of the members of the Liberal caucus is second to no other caucus inside this chamber. We are prepared to debate the bill and other bills that are important to Canadians. We are prepared to challenge the government through amending legislation and forcing votes, to try to get the government to recognize the responsibility that it has to Canadians.

I do not shy away from work in this House. I wonder if the government House leader would make a commitment in this chamber to sit in this chamber as long as I do in order to see this bill pass. Surely to goodness he would be open to sitting as often as I do in the chamber to ensure the issues are being addressed and that Canadians are put first. Will he make a commitment to sit in the chamber as long as I do?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:35 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Not at all, Mr. Speaker. The authority for doing this is in the Standing Orders, which provide that on one day a year, we can move to have extended hours for the last two weeks of our sitting. We have been adopting the approach of running Parliament in a productive, hard-working, orderly fashion, where there is certainty and we actually come to decisions.

Bill C-38, the jobs, growth and long-term prosperity act, is a perfect example. Through our measures and the use of time allocation we have been able to ensure that we had the longest debate ever on a budget implementation bill, certainly the longest in the past two decades but probably ever. Similarly, we have also had the longest consideration in committee, not counting the subcommittee that was established. We are not interested in limiting debate. We are happy to have lots of debate and we have ensured that for some of the bills, some of the priority ones I listed like copyright. There has been far more debate in this Parliament to get to the same stages of bills than in previous Parliaments when the bills passed much sooner.

This is not our concern. Our concern is that we make decisions. That is what we were sent here to do. Canadians voted for us and said they wanted us to go to Parliament, address the important questions, debate them and make decisions on them. That is what we are asking the House to do: actually make decisions on the bills before us so that Canadians can benefit from those changes.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:35 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, regrettably, it comes as no surprise to hear the government House leader move this motion today for extended hours over the next two weeks. It is also no surprise that New Democrats are going to oppose it. Time is at a premium in this place and is a very powerful commodity.

I listened very carefully to what the government House leader had to say. He called on all members to work together in a constructive way. However, it seems to me that the process for doing that has to come from the government. There has to be a trustful relationship and a sense of goodwill about how the House agenda is managed. There are House leader meetings that take place every week to do that.

I find ironic that we have a government that is intent on restricting the amount of time for debate, whether on Bill C-38 or many others. About 24 bills have had time allocation or some sort of closure applied to them. On the one hand, the government is restricting the time for debate, but, on the other hand, wants more time. Why? It is because it wants to ram these bills through.

The government House leader gave an indication of some of the bills that the government is looking at. It seems to me that the proper place for that, where there is agreement, is at House leader meetings which are for that purpose. We now know the motivation for doing that, which is to push these bills through very quickly, as we are seeing with Bill C-38. If we allowed that to happen, we would be derelict in our duty. It would not be members working together, it would be the government acting in a very high-handed manner.

I would ask the government House leader on what basis he believes he has the authority to ram these bills through. I know he can move this motion, but in terms of proper process, is this not another example of ramming through government legislation?

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:25 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Bill C-38PrivilegeOral Questions

June 11th, 2012 / 3:20 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to commend my friend for his novel and innovative approach to this question, but I think it actually ends up being so innovative that it is far off the mark.

First, I will start by saying that I believe what he was saying was that we have to deal with this now because it is in the context of Bill C-38. I understand that is the context in which he raises his point of order.

Of course a point of order such as this has to be raised at the earliest possible opportunity. Bill C-38 was introduced into the House on April 26. We are now some month and a half later, so he is very late in raising this argument.

Second, he has not cited any particular section or provision of the bill to which he takes exception, and for which he says these important questions have not been answered. Once again, I think what he is talking about is not anything to do with any content of Bill C-38, so he is off the mark there.

Third, the kinds of measures to which he is speaking, moneys that are spent on programs and personnel, are normally reported and approved by Parliament, not by a budget implementation act but rather through the appropriations bills that appear before this Parliament. That is the appropriate point for him to raise his questions. That is the process through which Parliament would report and provide the information he is looking for.

If he is looking for more detailed information than is in one of those appropriation bills, that would be the point for him to raise those questions and points. We are not currently dealing with an appropriation bill through this House. There is no appropriation bill outstanding before this House. I expect that he may wish to return to his point of order some months hence, when we have our next appropriation bill before the House, if he feels he has not achieved satisfaction at that time, that is, if he feels that the reporting mechanisms of the government have not been sufficient. However, we certainly are not facing that situation in any way with regard to Bill C-38.

Therefore, I think his point is very far off the mark, but I would be happy to return if further submissions are required.

Bill C-38PrivilegeOral Questions

June 11th, 2012 / 3:10 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, is decorum not a nice thing when it breaks out in here once in a while?

I bring forward a question of privilege, after significant work and research, with regard to the bill we have before us in Parliament. I bear your consideration, Mr. Speaker. A letter will be forthcoming to your office to outline and explain the specific details, but we believe we do have a prima facie case of privilege. We have looked at this with very careful consideration, and I would like to thank my team for putting this together under difficult circumstances.

There are many charges of contempt that go on within this place and not all of those are privilege, but every finding of privilege is in fact a contempt. The definition of this is that the powers of Parliament to do its job, to do three things in particular, to legislate, deliberate and hold the government to account, are paramount to all of our work. We know, through the very Constitution itself, that the exclusive legislative authority of the Parliament of Canada extends to all matters coming within the classes of subjects hereinafter enumerated, “1A. The Public Debt and Property...2A. Unemployment Insurance...8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada”. This will be the focus of our point with you this afternoon, Mr. Speaker.

We have also confirmed this all the way to the Supreme Court of Canada in Canada v. Vaid in 2005, that the supremacy of Parliament to do its job in this regard is paramount and cannot be confined nor restricted. O'Brien and Bosc on page 59 confirm this and that this right, this privilege can be broken either individually for members or collectively for us as a group. We include very explicitly that the privileges of members of the governing side have also been infringed by the process that has been taken on through Bill C-38.

Page 61 of O'Brien and Bosc states:

The privileges of Members of the House of Commons provide the absolute immunity they require to perform their parliamentary work while the collective or corporate rights of the House are the necessary means by which the House effectively discharges its functions.

We have built our case, Mr. Speaker, and are confident that you will find in this that the breach of privilege conducted here is significant enough to warrant a decision from you, hastily, after other parties have had their opportunity to intervene.

In one of the last rulings by your predecessor, Speaker Milliken, on April 27, 2010, in ruling on the question of privilege surrounding the provision of information to the special committee on the Canadian mission in Afghanistan, Speaker Milliken said:

In a system of responsible government, the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and in fact an obligation.

Herein lies our privilege. We have used every available tool to the opposition through questions on the order paper, requests through the Parliamentary Budget Officer, through questions during question period and at committee directed to the ministers pertaining to this issue, to understand directly and implicitly the impacts of the legislation that the government has been moving forward through its budgets and explicitly about what the cuts and implications will be for its budget measures, cuts to either services or to the number of employees who will be affected.

Allow me to say this, Mr. Speaker, and it is extremely important for your ruling, there is no dispute from the government side that the numbers in fact exist. The government is well aware of what the impacts will be on Canadians and has in fact publicly declared that the information exists. We heard from the President of the Treasury Board himself. He said in an interview with a reporter on May 9 of this year that he would like to release more information but was held ““hostage” to parliamentary reporting procedures and labour contracts, which require notices to affected employees going out before cuts could be made”.

Essentially, the government is requiring members of Parliament to vote blind on the legislation coming forward. In our conversations with the Parliamentary Budget Officer and in his conversations with the government, he has explicitly requested the information that has been made available to him, by right, under the act that the government moved as its second act, the Federal Accountability Act. Various places in the act require the government to produce, in a timely and transparent manner, information that exists.

There are two reasons why the government may withhold this information: if the information is not accessible through access to information; or if the information is confidentially provided to cabinet. The Clerk of the Privy Council has provided neither of those reasons. Herein lies the case of privilege. In citing the reasons of confidentiality because of some obligations under the collective agreement with the various unions that make up the civil service, while I may say as a caveat is a unique moment where the government has actually cared about a collective agreement with anybody under their employ, the reason given by the Privy Council, the head of the civil service, is not a valid one.

That is not a reason that he can use to block information to the Parliamentary Budget Officer. That is not an exercisable reason under the act and it in fact impedes parliamentarians from doing their work and, as I said, makes them vote blind on the actual budget. There is no cabinet confidentiality and these are not pieces of information that have been denied through access to information. To say this is critical to members of Parliament to understand before they vote on the budget is an understatement.

The government has moved a number of measures, which will have impacts on Canadian society, through the services and programs Canadians rely upon and directly through employees of the federal government and communities across this country. I would have expected members of the government to ask this question, but they have so far been mute on this point.

In breaking the Federal Accountability Act, the government has once again shown that perhaps the act is not worth the paper it is written on. This is the response we got from the Clerk of the Privy Council, in a letter written to the Parliamentary Budget Officer on May 15. It states:

...but, as indicated in the Budget document, the Government is equally committed to treating its employees fairly and respecting its contractual obligations. This means that departments will provide information to affected employees and their unions in the first instance, as required under the applicable collective agreements. Once this has happened...the Government will then begin...to communicate accordingly.

That is, it will then offer up to the Parliamentary Budget Officer and, through him, to parliamentarians the information.

The unions have been contacted and they have publicly said to the government and to the Privy Council that this does not break their collective agreement, thereby taking away the sole reason of the government to deny MPs their privilege.

I will run through the timeline and finish with this. The first thing members of Parliament sought to do was to request the information from the government, as is our obligation under the Standing Orders as members of Parliament, that is, to find out what the impacts of the bill would be. This would apply to any bill. Certainly with a bill as broad and sweeping as this, this would be important. The government denied this, either through question period or at committee. We then sought information through questions on the order paper. That too was denied. We then sought information through the Parliamentary Budget Officer, who is legally obligated and enshrined with the right to seek this information unless legally denied, which he was not. That too was denied by the government. We are now at a place where we are being forced in some short time to vote on a bill whose impacts the government understands, but refuses to share with members of Parliament and those people whom we seek to represent. This is, by all definitions we can find, an infringement of the rights and privileges of members of Parliament.

If the House cannot hold the government of the day to account, then why have the House at all? If members of Parliament cannot do their jobs and cannot go back to their constituents with a clear conscience and understanding of the legislation that has been brought before us and its implications, then why are members of Parliament in the service of Canadians at all? They are not.

We seek this through you, Mr. Speaker. We carefully went through all of O'Brien and Bosc, which offered us numerous points. I will mention one. On page 281 of Bourinot's Parliamentary Procedure and Practice in the Dominion of Canada, it states:

The right of Parliament to obtain every possible information on public questions is undoubted, and the circumstances must be exceptional, and the reasons very cogent, when it cannot be at once laid before the houses.

There is no such reason given by the government. The Conservatives do not deny that the information exists, that the cuts to services and programming for Canadians exist and are understood. They have said that, from the most senior bureaucrat down, the person who works with the Prime Minister. The President of the Treasury Board has also said that the information exists. Their reasons for denying members of Parliament their right to this information have also been shown to be not true. All that is left in defence of this place, in defence of members of Parliament, is you, Mr. Speaker, whose job and role it is to defend the institution, regardless of the sways of the political discourse that goes on every day. The institution requires us to have the information to both debate and vote with clear conscience and information. The government is denying us that information. While this may be a pathology with the Conservatives, it does not give them the opportunity or the reason to deny members of Parliament these key and critical data. It is absolutely essential for us to maintain, as best as we may through all of the discourse that goes on here, certain principles.

The principle that we in opposition hold dearly is that our job, each and every day, is to hold the government to account. There should be those on the other side who share that principle, because that is a principle shared by all of us. The Conservatives may heckle the opportunity to speak and they may suggest that there is not something of right and privilege here, but they know better.

I remember the days when that hon. members on that side stood for these principles. I remember the days when we in opposition worked with the government on its second piece of legislation, the Accountability Act, as we have quoted here today, which set up an institution that we agreed with the Parliamentary Budget Officer should seek and garner this information.

Now what do we have? We have a government that insists that members of Parliament should vote blind, that Canadians should simply trust them and that it is somehow good enough. This is not a right-left issue; this is right and wrong. The government knows it is wrong. The government has the information and is denying Parliament and parliamentarians and the people we represent access to information that we need.

There is much more that we could say, but I understand that time is pressing. I am therefore prepared to move an appropriate motion if you, Mr. Speaker, find a prima facie question of contempt.

The BudgetOral Questions

June 11th, 2012 / 2:20 p.m.
See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, in light of the growing economic concerns around the world, the Conservatives have chosen to present a Trojan Horse that attacks employment insurance, old age security and the environment. None of the bill's measures deal with growth.

The economic measures in Bill C-38 could have been adopted already if the Conservatives had agreed to split the bill. But in these times of uncertainty, they prefer Euro-bashing and cutting services.

How will this help the economy?

Budget Implementation ActStatements By Members

June 11th, 2012 / 2:05 p.m.
See context

Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, conservationists, not just Conservatives, are supporting Bill C-38, the budget implementation act.

First, the bill would eliminate needless duplication of proceedings by government. The targeted inefficiencies include overlapping reviews by federal and provincial governments that do nothing to protect fisheries but interfere with jobs and economic growth.

Second, the bill would correct problems with the current habitat protection program: by clearing up uncertainty; defining more clearly what “important habitat” is; and focusing resources of the fisheries department on areas about which Canadians really care. The bill would address these faults with clearer definitions of fish habitat and stiffer penalties for offenders. The bill would also grant the minister increased flexibility to respond to the particular needs of each province.

As we approach Canada Day, I am grateful to live in the most beautiful place on earth, with such abundant resources and people who care so passionately about the legacy, environmental and economic, that we are committed to leave to our children.

Jobs, Growth and Long-term Prosperity ActStatements By Members

June 11th, 2012 / 1:55 p.m.
See context

Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, the Conservatives tried to seduce Quebeckers by making promises about an open federalism that would respect their differences. But now, the only federalism Quebeckers are seeing is fraught with contempt and arrogance.

The Conservatives with Bill C-38 are like pyromaniacs with a can of gas. They are torching relations with Quebec, in particular by exempting major banks from consumer protection requirements; trampling on the Kyoto protocol; reducing health care funding even though our population is aging; and proposing employment insurance reforms that, quite frankly, will harshly penalize workers, employers and the regions of Quebec.

While the Government of Quebec is stepping up its legal recourse to ensure its rights are respected, the federal government insists on saying that all is for the best in the best of all possible worlds. Quebeckers will not put up with being treated with contempt.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:50 p.m.
See context

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I would like to be able to say that I am pleased to be rising in this House, but that would not be entirely true given our current topic of debate, which is, of course, Bill C-38, the budget implementation bill.

I have heard Conservative members say again and again, and even a moment ago, in the House, in committees and during the first debates we held, that this bill is a marvel and absolutely must be passed for the sake of prosperity, jobs and so on. As a member of the Standing Committee on Finance and the official opposition’s assistant finance critic, I can tell you that nothing could be further from the truth.

This is a very harmful bill. Based on our reading of it, the bill is nothing more or less than an attack on the middle class and less well-off families. It is obvious in several respects that many provisions of this bill have been inserted specifically to put downward pressure on Canadians' wages. Consequently, it is not Canadians who will benefit from it. It will probably be the business world as a whole, which will benefit from declining wages and the competition among a larger pool of unemployed or low-income individuals on which it can draw.

What are those provisions? There are a few. There is obviously division 23 of part 4, which repeals the Fair Wages and Hours of Labour Act. That act established wages that, as its title indicated, were fair for employees, particularly in the construction industry. There are also provisions concerning the Employment Equity Act. The bill will remove employment equity requirements and thus represents a step backward in its approach to companies doing business, that is to say subcontracting, with the government. And there is obviously the issue of employment insurance.

I know my colleagues will definitely be discussing a lot of other provisions in the bill, particularly the increase in the age of eligibility for old age security from 65 to 67, immigration issues and other questions. We have a mammoth bill on our hands, as has been noted many times in the media, but I will limit myself to those three elements for the purposes of my speech.

What people need to realize is that the budget was presented in March and it has passed, although the government would have people believe that this budget implementation bill is the budget. The budget has already passed and it was an austerity budget. With $5.2 billion in cuts, it will have a rather significant impact. Not only is it an austerity budget, but it will clearly have recessionary consequences.

The Parliamentary Budget Officer stated his opinion in that regard and other economists have confirmed his opinion. This shows that the direction this government is taking will prevent us from reaching our economic growth potential, which could help us create many jobs. This austerity budget, which has been criticized by two major rating agencies, Fitch and Moody's, represents a huge economic blow delivered by this government to Quebec and Canadian companies.

Based on his own modelling, the Parliamentary Budget Officer estimated that this budget could possibly cost more than 100,000 jobs by 2015-16, although those jobs can be saved if we are really careful, given that we are currently in a period of economic uncertainty. However, we are not Greece or any of the other countries currently affected by the crisis in Europe. Our reality is altogether different. Yes, we are experiencing some economic uncertainty and we need to be careful, but on the other hand, our problem is quite different from that in Europe.

I find employment insurance very interesting. I know that I only have a minute, but I could probably talk much more about this topic. So, that is a problem. I have spoken with many of my constituents, and those who are most affected are not necessarily the employees themselves—although they will be affected—but it will be the employers. For them, seasonal work is a reality. They have no other choice. That is the case with controlled harvesting zones or with companies that must shut down two or three months out of the year for various reasons, such as that cabinetmaking company in Saint-Jean-de-Dieu. These people fear losing their workforce. A business owner was even worried about the fact that she might have to pay employees to do nothing for two or three months in order to keep them.

I will stop here for now, and I will continue my speech about employment insurance later.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:40 p.m.
See context

Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Mr. Speaker, I am pleased to discuss some of the provisions in Bill C-38, the jobs, growth and long-term prosperity act, and to explain why we must not let the New Democrats and the other opposition parties delay its passage.

As the Conservative government said very clearly, since 2006, our focus has been on the economy. As we have all noticed, we are on the right track in terms of jobs and growth. In many ways, Canada has done well despite the global uncertainty. For example, almost 760,000 jobs have been created since July 2009. That is the strongest job creation record in the G7.

The IMF and OECD both project that Canada will have among the strongest growth in the G7. For the fourth straight year, the World Economic Forum rated our banking system the world's best. Forbes magazine ranked Canada as the best place for businesses to grow and create jobs. Canada also has the best fiscal position in the G7 by far. Canada also has the lowest overall tax rate on new business investment in the G7.

In the words of respected financial analyst and commentator, Camilla Sutton, of Scotiabank, “the long-term story for Canada on a relative basis is still a very, very good one. There's very few other places I'd rather be than Canada...when it comes to these uncertain times, Canada holds its own and shines”.

However, we all know that global economic recovery remains fragile, especially in Europe. That is why we are focused on jobs, the economy and implementing economic action plan 2012 through Bill C-38. As successful as our past has been, we must stay focused on the present and the future. The economy must remain at the forefront of our priorities. It is the right thing to do.

The well-being of Canadians depends on a healthy economy. The well-being of my constituents of Glengarry—Prescott—Russell depends on a healthy economy.

A strong economy makes it possible for all Canadians to benefit from growth and long-term prosperity. By making sensible and responsible decisions today, we will provide everyone with a better standard of living tomorrow.

That is the goal that the Conservative government has set for itself with this bill. And that is why it is so important to move forward with this bill today, and not allow the New Democrats and the other opposition parties to delay its passage with their stalling tactics.

In my remarks today, I would like to focus on a few of the measures in Bill C-38 that would help strengthen Canada's housing sector.

The housing sector is one of the most important pieces of our economy. In my riding, certain towns like Clarence-Rockland have seen tremendous growth. Local businesses are benefiting. The local economy is benefiting. For that to continue, there is a real need for new families to choose housing in these communities. We can all agree that the housing market requires ongoing stability and close monitoring.

For most Canadian families, the biggest investment we make in our lifetimes is the purchase of a home. Families will not buy if they think the housing market is unstable. Ensuring that such an investment is secure is the responsible thing to do. That is why our government regularly monitors housing finance risks and takes action when necessary.

For example, we have adjusted the rules for government-backed insured mortgages recently on multiple occasions. In addition, in June 2011, Parliament approved legislation to formalize arrangements with private mortgage insurers and Canada Mortgage and Housing, CMHC, in an effort to better manage risks arising from the mortgage insurance sector.

Now, as part of the Conservative government's ongoing efforts to strengthen the mortgage sector, we are proposing amendments in today's bill that will reinforce supervision of CMHC and guarantee that its commercial activities are managed with a view to promoting the stability of the financial system.

Specifically, the amendments include the following: an additional objective for CMHC of ensuring that its commercial activities promote and contribute to the stability of the financial system, including the housing market; legislative and regulatory powers given to the Minister of Finance in respect of CMHC's securitization programs; powers given to the Superintendent of Financial Institutions to review and monitor the safety and soundness of CMHC's commercial activities and to report to the CMHC board of directors and HRSDC; and the addition of the deputy minister of human resources and skills development and the deputy minister of finance as ex-officio members of CMHC's board of directors.

We believe these amendments would contribute to the long-term stability of the housing market and would benefit all Canadians. We have heard a great deal of positive reaction.

Louis Gagnon, a professor at Queen's University, stated:

I believe that the federal government's plan to bring CMHC under the direct supervision of the Office of the Superintendent of Financial Institutions is long overdue.

OSFI is responsible for the oversight of insurance companies and it only makes sense to bring CMHC under its purview, since CMHC is the most systematically important insurance entity in the land and also the most vulnerable one.

This is what the respected Finn Poschmann, vice-president of the C.D. Howe Institute, said:

...the legislation will require at least annual inspections from OSFI, with reports to the board and the responsible ministers. Formalizing the requirement in legislation could do wonders for reporting and accountability, and will help the board and management reassure themselves that CMHC is carrying out its activities...“in a safe and sound manner … with due regard to its exposure to loss.” This is good....

Before concluding, I will turn my attention to the health sector where we are proposing changes to the tax treatment of certain health related goods and services. Health care is very important to the people of my riding, as it is to people across Canada. As a father of five children, I know very well how easily the costs add up when someone is affected by illness. The more our government can do to alleviate these costs during these stressful periods the better.

These changes will better reflect the changing nature of the health sector and will acknowledge the impact of the expenses related to health and disability that Canadians encounter for their own care or that of their loved ones.

For example, we are proposing to remove the GST from the professional services of pharmacists beyond those related to dispensing prescription drugs, which are already tax exempt.

We also propose to expand the list of health care professionals who can order certain medical and assistive devices that are zero rated under the GST. This reflects the increasing involvement of health care professionals, such as nurses, in giving orders for these devices. We also propose to expand the list of GST zero rated medical and assistive devices and the list of expenses an individual may claim for income tax purposes under the medical expense tax credit.

These measures represent a simple, thoughtful and appropriate way to ensure that our tax system remains fair and up to date.

I note that during the finance committee's study of today's act, the Canadian Medical Association voiced its support for the measures that I have just mentioned.

Today's act would accomplish a great deal for Canadians and it contains a host of other measures that deserve my colleagues' attention. As an example, today's act would take the first step toward making important improvements to the registered disability savings plan, or RDSP, by allowing spouses, common-law partners and parents to establish an RDSP for adult individuals who might not be able to enter into a contract themselves.

It has been my pleasure to highlight some of the key measures recently proposed by the Conservative government to keep the country on the path to growth and prosperity.

Now it is important that we work together and continue to co-operate for the good of Canada and Canadians. The measures in today's bill are necessary and will have lasting benefits.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:30 p.m.
See context

NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I thank the hon. member for her remarks.

In her opening comments, she claimed that members on this side of the House do not respect democracy. I must point out to her that democracy is not about passing a bill in haste or about saying to other hon. members, “Too bad—we have a majority”.

But let us talk about the economy. They claim that Bill C-38 will help the economy. Tourism is very important where I come from. Not only will it be affected by the changes to employment insurance, but Parks Canada services are also going to be cut. That will prevent Fort Chambly from providing the same level of service that it previously provided. Fort Chambly is one of the most frequently visited Parks Canada sites in Quebec. In spite of that, services are going to be cut, and the quality of tourism services in the region is going to be lowered, which in turn will have a negative impact on the region.

How will this contribute to economic prosperity and job creation?

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:20 p.m.
See context

Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I truly appreciate this opportunity to highlight some of the very important initiatives in the jobs, growth and long-term prosperity act and to speak against the opposition amendments to delay this important legislation.

I listened intently this morning to a number of the speeches. I do have tremendous respect for democracy and tremendous respect for this place in which we all work. However, the suggestion by opposition members that democracy is in question here I refute completely and wholly. This is democracy. This is democracy in its finest hour because the government is defending democracy today.

My speech will address a number of things that defend democracy here today. Before I continue, as a member of the finance committee, i will acknowledge the detailed examination of this bill at committee stage. I will give all members the facts.

The finance committee and a special subcommittee, which is one of the first times we have ever seen a special subcommittee on a budget implementation bill, studied today's bill for nearly 70 hours. This is the longest consideration of budget legislation in decades. We heard from literally hundreds of individuals and organizations, from government officials, business leaders, academics, labour groups, industry associations and countless others.

The bill we are debating today positions Canada for economic prosperity, job creation and long-term fiscal health. It is designed to create a climate for private sector investment, innovation and opportunity.

It is crucial that Canada achieve its economic potential so that it can weather another period of global economic uncertainty. The economic upheaval abroad is bound to have an impact on our economy. Even though we must not underestimate the risks, Canadians can be sure that their country is in a good position to face the challenges posed by the global economic situation, as it has done in the past. To that end, we will continue to focus on measures that will keep Canada as competitive as possible during this time of economic uncertainty.

I am convinced that the bill before us today is a blueprint for a strong, prosperous Canada.

Having said all of that, I will now talk about how today's bill builds on Canada's commitment to make us more competitive in the future by removing red tape and bureaucratic obstacles.

As a trading nation, we understand how important an efficient border is to Canadians and our economy. Canada, like many other countries, provides residents returning from abroad with a personal exemption from duties and taxes for goods purchased up to a certain dollar value. Some of these exemption limits for Canadians have remained the same for many years. Given the considerable amount of travel that Canadians undertake every year, it makes sense to update these limits, as consumer groups have long requested.

Effective June 1, 2012, residents returning to Canada after being out of the country for 24 hours or more are exempt from duties and taxes on up to $200 of goods they purchase abroad. The exemption limit for those returning after at least 48 hours abroad has also been raised to $800.

These changes would reduce red tape for travellers who bring in goods within the new exemption limits and make it that much easier for Canadian residents returning home to complete the customs process. More important, these exemptions are exactly the same exemptions the Americans have when they shop here in Canada and return home. Consistency means efficiency. Our government understands how important an efficient border is to Canadians and to our economy.

These new exemption limits would expedite customs clearance for returning Canadian consumers, making cross-border business and personal travel more convenient for Canadians.

To facilitate access to Canadian tourist destinations, Bill C-38 will also eliminate or reduce the taxes on foreign-based rental vehicles temporarily imported by Canadian residents.

Before these changes were announced in Canada's economic action plan, foreign-registered rental vehicles that were temporarily imported by Canadian residents were usually subject at the border to GST on the full value of the vehicle, the green levy and the automobile air conditioner tax.

Until recently, this type of import was prohibited by federal vehicle safety rules, unless the vehicle in question was proven to comply with all Canadian standards.

Rental vehicles temporarily imported by foreign tourists visiting Canada are generally not subject to any taxes or similar restrictions.

In other words, the bill we are discussing today will eliminate or reduce the taxes on foreign-based rental vehicles temporarily imported by Canadian residents and, consequently, will make it easier to access Canadian tourist destinations. That is a good thing.

As households across this country understand, ensuring prosperity also means being responsible in how we treat every dollar.

Canadians know the importance of living within their means and they expect the government to do the same. For example, today's legislation would modernize Canada's current system by eliminating the penny from Canada's coinage system. Over time, inflation has eroded the purchasing power of the penny and multiplied its manufacturing costs. Until penny production was halted recently, it cost taxpayers 1.6¢ every time we made a penny. For businesses, the time and cost of processing pennies has increased, taking them away from the task of growing their businesses and creating jobs.

Other countries, such as New Zealand, Australia, the Netherlands, Norway, Finland and Sweden, have made smooth transitions to a penny free economy. The government expects that businesses will apply rounding for cash transactions in a fair and transparent manner. Canadians can rest assured that they will be able to redeem pennies for full value.

As consumers and businesses begin to rely less and less on the penny in their day-to-day lives, we hope that all Canadians will consider putting their last pennies to good use by donating them to charity. Eliminating the penny from Canada's coinage system will ensure that the Canadian currency system remains efficient and responsive to the needs of consumers, businesses and the economy.

We are also proposing to simplify administrative formalities as we strengthen our immigration system.

The jobs, growth and long-term prosperity act supports the government's commitment to better focus our immigration system on our economic objectives with the following three measures.

First, we are going to return applications to some of the applicants to the federal skilled workers program and refund as much as $130 million in fees. This will shorten the backlog in processing applications in the Canadian immigration system and will allow us to focus our efforts on responding to the real needs of the job market.

Second, we are going to work with the provinces, the territories and other stakeholders to further improve foreign credential recognition and to identify the next set of target occupations beyond 2012. This will help highly qualified new arrivals to find work in the area for which they have been trained and to contribute quickly to the Canadian economy.

Finally, we will continue to study other ways to improve the temporary foreign worker program in order to support economic growth and recovery and to make the program correspond better to the requirements of the job market.

From the countless hours of testimony we heard before the finance committee, I recall the comments of Richard Kurland, noted immigration policy analyst and attorney who told us:

I feel the government is doing the right thing. This is the right solution for a problem that has been plaguing this country for over 25 years. It is the first time it's being fixed.

The door is not shut; it's just that those are no longer the skills we need.

All of these measures would help to ensure that the Canadian economy continues to move in the right direction. We must take these actions in order to respond to the challenges of today while setting out a plan that our long-term goals demand.

I, therefore, urge all hon. members in this House to please take the work of the finance committee and the subcommittee to heart. This is a good bill that would move Canada forward. It would secure jobs, secure long-term prosperity and secure our economic growth.

I implore members from the opposite side to stop arguing about process, to look at the content, to see that it is good for Canadians and to vote in favour of moving this forward.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:15 p.m.
See context

Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, first I want to congratulate my colleague on his excellent speech, which sums up the Bloc Québécois's position on Bill C-38 very well.

I also want to ask him about his views on the proposed employment insurance reform. This reform is a direct attack on the regions, because it does not take into consideration the reality of seasonal workers in the forestry, tourism, fishery or agriculture sectors. The approach ignores the way the regional economy is structured. The bill attacks the regions by forcing workers to relocate over an hour away from their homes, and by forcing them to accept much lower wages, somewhere around 70% of their of their previous income.

I wonder if my colleague could elaborate on this issue.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:10 p.m.
See context

Bloc

Louis Plamondon Bloc Bas-Richelieu—Nicolet—Bécancour, QC

Mr. Speaker, before talking about the clause I am asking to be deleted, I would like to congratulate the leader of the Green Party on the excellent speech she has just made. The Bloc Québécois joins in her argument and is entirely in agreement with her demands regarding this Bill C-38.

Clause 16, the elimination of which I am calling for in the amendment I am proposing, concerns the Governor General. It is unreasonable for the Governor General’s salary to be doubled. About a month and a half ago, I introduced a motion in this House after discovering that the Governor General did not pay income tax. It is unreasonable for him to be the only person in Canada who pays no income tax, when the Queen of England pays tax, as do the governors general in the other Commonwealth countries.

The government agreed with my argument in the last budget: it decided to have him pay income tax. The great injustice is that it decided to double his salary because he is going to be paying income tax. I know of no one in this country, no working person, no member of the general public, who is getting their salary doubled all at once overnight. The government’s argument is that it is going to double the Governor General’s salary because he will be starting to pay income tax like all Canadians. That is absolutely ridiculous. His salary was $137,000 and it is going up to $270,000. The net salary will therefore be higher; that is unreasonable. His pension will also be higher.

The purpose of my motion was to remedy an injustice. Not only is it not being remedied, but a flagrant injustice is being created toward all members of the public, in both Quebec and Canada. Are there working people whose salaries have gone up by 100% in the last year? The government is making cuts everywhere: for seniors, unemployed workers and not-for-profit organizations. Would this not be an excellent opportunity for the government to put an end to this monarchy madness? But doubling the Governor General’s salary because he will be paying income tax in future is not the way to do it.

Note that the Governor General receives a pension equal to 100% of his salary after spending only five years in office. Is there any citizen or worker in Canada who receives that benefit? On average, Canadians work 35 years for a pension of approximately 75% of their salary. Note as well that this is merely an honorary position held for five years. During that term, the Governor General is clothed, transported, housed and fed. He enjoys unlimited international travel and then leaves office with a pension equal to 100% of his salary. He also has 160 people in his service and an annual budget of more than $60 million in cooperation with six departments.

Let us consider the cost of the Senate. It comprises 104 senators and costs $45 million, including staff and everything else. The House of Commons costs approximately $200 million. And it will cost $60 million for this person alone. Is it normal to attach so much importance to this position? I do not believe so.

This would be a good opportunity for the government to require the Governor General to pay income tax on the same salary, to put an end to this monarchy madness in which it has been engaging since the start of the year, and to consider the will of Quebecers and Canadians.

In fact, 80% of Quebeckers and 50% of Canadians in the other provinces would like to sever ties with the monarchy.

I repeat: only 16 Commonwealth countries have maintained this link to the monarchy. It is time this government listened to the population. The Governor General must pay income tax; that is fine, but does it mean that we have to increase his salary by 100%? That is utterly ridiculous.

I do not believe the monarchy is equal to or synonymous with democracy—quite the contrary.

I am going to conclude by saying that, in addition to clause 6 of Bill C-38, which is completely unfair, we also disagree with a number of other provisions. This legislation affects 60 departments. For example, seniors will have to wait two additional years to receive their old age pensions. The changes to employment insurance were made without any consultation, without taking into account the reality of the regions.

The Bank Act is unfair to Quebec. The minister responsible, the federalist Liberal Quebec minister, is preparing to go before the courts. This will be the third or fourth time that the Quebec government has taken such action against this government. It is unacceptable for the federal government to be solely responsible for the Bank Act. It violates Quebec's Public Protector Act. As of 2016, health transfers will be reduced, but there have been no consultations on this.

So, many measures were decided in haste, with few if any consultations, and are being imposed in a 460-page document. That is unusual. It is not normal. That way of doing things is unprecedented. It completely contradicts the spirit of British parliamentarianism which, after all, is one of the noblest forms of parliament among the major democracies. However, we must take the time to debate issues.

In conclusion, I hope that clause 16 will be abolished, or at least amended so that the Governor General's salary remains the same when, in 2013, he begins paying taxes just like every other Canadian.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 1:05 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I was also surprised to hear the parliamentary secretary say the Conservatives have been working on these measures for years. Perhaps it was in some back room or some shadowy part of the House of Commons but certainly not before committee and certainly not in any public, transparent or accountable fashion.

Of course, we became aware of the threat to the fisheries habitat through a leaked memo. Having had an alert from a former fisheries' biologist within the Department of Fisheries and Oceans, Otto Langer, whose concerns were reported in the media, I read the budget very carefully on March 29, in case there was anything there about proposed changes to section 35(1) of the Fisheries Act. It is not mentioned at all in the budget and is not part of a budgetary measure.

In answer to my friend, when we are looking at Bill C-38, I believe that many of the changes could have been written from within the corporate boardrooms of the oil industry, perhaps in Beijing as well as in Canada.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 12:55 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise to speak at report stage on Bill C-38, a bill that many other colleagues in the House have accurately described as an affront to democracy.

I heard my hon. colleague say that somehow we, in the opposition benches, should speak to the content of the bill. I propose to do so, but I also must point out that it is the appropriate role of the Parliament of Canada to review legislation. It is not a mere process that gets in the way of the grand aims of the particular Conservative who is ruling Privy Council. The role of Parliament is, at its essence, to review legislation.

In this case we have before us a bill of over 420 pages repealing, amending and changing over 70 different laws. We now have before us hundreds of amendments grouped into 159 votes, but we know that this legislation will not receive adequate review.

I am going to direct my comments to those aspects of part 3 that are changed in Bill C-38, but I note that my amendments cover things that are changed in part 1 under the Income Tax Act, changed roles that are important, for instance, for the various agencies that are being ended, such as the National Round Table on the Environment and the Economy, which does not end up in part 3, which is generally reviewed as the environmental changes that are hidden within Bill C-38.

There are many changes within this legislation that will have long-term, serious and negative repercussions for Canada, for Canada's society and, yes, for Canada's economy. It is a false piece of rhetoric.

We have to beware. I do not like to be Biblical very often, but let us beware of the wages of spin. We are told a lot of spin in the House all the time, told that this is going to bring great jobs and prosperity. By asserting our rights to examine Bill C-38, we are not threatening the economy; we are trying to protect the integrity of Canadian institutions and our ability to forge policies that protect the environment and develop our resources at the same time.

In that light, I want to turn to some of the evidence we heard. I was not a member of the subcommittee on finance, but at its essence the repeal of the Canadian Environmental Assessment Act is appalling. It has served Canada since 1993 and was working well up until these amendments, according to industry sources I have already cited in this House. We will repeal, under Bill C-38, the Canadian Environmental Assessment Act, and we will see a whole new act in its place.

That new act, on the basis of expert evidence to the subcommittee on finance, will not work well. It will not work well for proponents who want to build projects. It will not work well for Canadians, who have an interest in the proceedings and wish to come forward to present their concerns. It will definitely not work well in respect to first nations and their inherent and treaty rights, which the federal government has an obligation, a fiduciary duty, to respect, as numerous court decisions make clear. As well, It will not work well for industry.

We have an entirely new scheme of legislation put forward without adequate review. We have had less than 14 hours of hearings, combined, on the changes to the Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, the Navigable Waters Protection Act. I do not blame those in the legal departments who drafted this bill, clearly without adequate time and without adequate preparation. The drafters of Bill C-38 have taken a sledgehammer to environmental law and policy that have served this country well for decades, and that sledgehammer approach has left environmental law and policy in ruins.

I hope the Conservative members of Parliament will examine and consider voting in support of the amendments I have put forward today in order to make Bill C-38 serve the purpose they themselves say they want: to protect the environment while pursuing economic development.

In specific cases, the proposed co-called Canadian Assessment Act 2012 fails to define what environmental screening is. It fails to describe what an environmental assessment is. The Conservatives have done so much damage to the scheme of the legislation that they have created new chasms of uncertainty. Anyone who is about to do a project will not be able to tell from reading the new so-called CEAA 2012 what it will cover and what it will not cover.

I have heard the hon. members for Wellington—Halton Hills and Dufferin—Caledon call numerous times on the floor of the House for a federal review of the appalling megaquarry proposed for Melancthon Township, and I applaud them for doing so. However, if Bill C-38 passes, we should watch out. We would not want a federal review. That is the last thing we would want, because the only thing the environmental assessment panel would be able to examine would be the effect of the megaquarry on fish, marine plants and migratory birds.

The essence of the threat posed by the megaquarry is to the water table, to the surrounding farms and to the fertility of the soil, which is absolutely world-beating. No one can grow better potatoes than they do in the soils of that area of Melancthon County, yet if that megaquarry had a federal assessment, it would be restricted to looking at the impact on migratory birds and fish. It has the effect of a sledgehammer.

The witness I want to mention, whose testimony people can read in Hansard, is Stephen Hazell. He worked as a member of the legal staff of the Canadian Environmental Assessment Agency and said exactly this: that this change will lead to greater uncertainty, more economic losses and mistakes that will cost us well into the future.

The same point was made by National Chief Shawn Atleo with the Assembly of First Nations. These changes will lead, in his words, to greater conflict, greater uncertainty, conflicts in the courts and conflicts in terms of direct action. If we are interested in democratic processes that respect all parts of society, this is not the way we want to go when we embark on large new projects.

The other pieces I must speak to in the limited time I have are my amendments, which attempt to repair the damage done by the sledgehammer to the Fisheries Act, particularly subsection 35(1). I know that the Minister of Fisheries and Oceans, in addressing the House numerous times, has claimed that the municipalities of Canada were clamouring for these changes so that when they installed various municipal works, they would not have to worry about whether there was a habitat for fish in the vicinity. That claim is belied by the vote last weekend in Saskatoon, when the Federation of Canadian Municipalities, representing hundreds of municipalities, passed a resolution on an emergency basis calling upon the Prime Minister to stop, rethink this and remove the Fisheries Act changes.

In the same tone, we have the words of four former fisheries ministers. I can mention their names in this place because they no longer sit among us. They are fine and honourable public servants. They are former fisheries minister Hon. Tom Siddon, the Hon. John Fraser, Hon. Herb Dhaliwal and Hon. David Anderson.

It is not just by chance that I stand here as the only leader of a federal political party from British Columbia. I note that those four former fisheries ministers all hail from British Columbia, where people understand that wild salmon are as important to British Columbians as the French language is to Quebeckers. It is part of who we are as British Columbians to defend our salmon when there could be changes that would allow the wholesale destruction of fish habitat that supports the sockeye, the endangered wild salmon runs and the coho. Why would we make changes in this place that would do such damage to the linchpin of environmental protection in Canada?

Subsection 35(1) of the Fisheries Act does not protect just a few fish. It is a fundamental piece of legislation and is part of federal jurisdiction in the Constitution that leads to the protection of fresh water. It leads to the protection of grizzly habitat, of forests and of ecosystems. Without subsection 35(1) of the Fisheries Act remaining intact, we open up the gangway to reckless destruction not only of our extraordinary natural resources but of nature itself.

We are constantly being told that we have a false choice, that we have to choose hell-bent-for-leather economic development with no attention to what it means to first nations rights and sustainability of natural capital. As I mentioned in the House before, we are told that the planet is a business in liquidation, and everything must go as quickly as possible.

I beg my Conservative colleagues in this place to reflect on the voices of their former colleagues, people like the former member of Parliament for Red Deer, Bob Mills, who pleaded that we keep the national round table, and people like the former fisheries ministers and scientists right across Canada. Report stage is the time to rescue Bill C-38 from being a bill that destroys the environment over the long term to one that respects it.

Motions in AmendmentJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 12:25 p.m.
See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Mr. Speaker, we are now at the report stage. I am very sad to say that the Government of Canada has been totally deaf to our entreaties to reconsider its outrageously anti-democratic approach to the budget implementation bill, an approach which will have profound implications for our country. Simply stated, the Conservative government has said to Canadians, “This is how we do things and that is the way it is going to be”. It brings to mind the schoolyard bully who never felt the need to explain his actions but just went ahead and did what he wanted to do.

However, I have news for the government. Canadians do not like it and they are waking up to the way the government is doing things. Who would have thought that Canadians would be familiar with procedures such as prorogation or time allocation during debates or the use of in camera in committees? Slowly but surely, Canadians are beginning to understand these procedures and beginning to question what the government meant when it promised, six and a half years ago, to be open, transparent and, most of all, accountable. I believe Canadians are beginning to feel that there is a contradiction between what has been promised and what is actually being done by the government.

It has come to this. All the opposition parties have been asking the government from the start to split the enormous, 425-page Bill C-38. That way, the changes that are not directly or even indirectly related to the budget but that will have significant consequences on our country could be addressed separately.

I am talking about the changes that affect the way we assess the environmental risks associated with developing our natural resources. I am talking about changes to the Fisheries Act, which will put endangered species at greater risk of extinction. I am also talking about changes to the criteria for old age security, or the OAS eligibility age, which will go from 65 to 67 as of 2023.

In our analysis, we found that this change is not necessary and that the Canadian economy has the means to allow Canadians to receive old age security at 65. In any event, is this change proposed by the government so urgent for the economy that we need to include it in this budget bill? Why does this change not merit its own bill?

The same can be said about the unprecedented changes to employment insurance, which could result in significant changes in the regions, especially those where seasonal employment is the norm. These are unprecedented changes and the federal government has not even taken the time to consult the provinces, which could be hard hit by a decline in population or an increase in requests for social assistance.

In all, more than 60 pieces of legislation would be modified, created or deleted by Bill C-38. The government's only argument for charging ahead is that the economy is fragile and it cannot wait. This is, of course, preposterous since many of the changes in the bill are not remotely time critical or, in many cases, even related to what we would expect in a budget implementation plan. Old age security changes would be 11 years away. Why do the Conservatives think they can behave this way? And will somebody in the government explain to me why Canada's economic stability is critically dependent on changes to the Fisheries Act being implemented immediately?

We live in a democracy. In democracies, even those with majority governments, there is a proper way to enact legislation and it is not by cramming a very large number of pieces of legislation into a single bill.

I would like to repeat an important point. Not only should Bill C-38 be split into several bills dealing with the environment, fisheries, employment insurance and old age security, among other things, but a government committed to working with the provinces would have consulted them before going ahead with Bill C-38, a bill that will definitely affect the provinces.

Unfortunately, this government ignores everyone and consults no one. This was the case recently with the premiers of the Atlantic provinces on the issue of employment insurance and with the National Assembly last Friday, which once again voted unanimously on changes to employment insurance.

We in the Liberal Party knew from the beginning that the government would not suddenly become reasonable. It is simply not its style. We knew that its members would charge blindly ahead with no intention to listen to reason or to compromise and damn the torpedoes. For that reason we decided that in addition to speaking out loudly and clearly about the government's abuse of democracy, we needed also to maximize the effectiveness of our procedural tactics. If I may say, here the Liberals have quite a bit of experience. We did try to propose substantive amendments to Bill C-38 in committee, but they were rejected. The government simply refused to listen. The result is that we introduced 503 report stage amendments to delete clauses that we felt were unacceptable to this bill.

In addition to this, we worked closely with the member for Saanich—Gulf Islands and told her we would support any substantive amendments that she proposed and with which we agreed.

I recognize that the Conservative government has the majority of seats in the House of Commons. I respect that reality. Ultimately, that allows it to do what it wishes. However, that does not mean that ignoring the arguments raised by opposition parties is the smart way to behave, given that opposition parties sometimes propose sensible amendments to government bills. In fact, one might argue that a smart majority government will occasionally listen to the opposition parties and sometimes put a little water in its wine. That is a smart move. It is viewed not so much as a concession or a surrender, but more as a willingness to work together, something Canadians admire and expect from their politicians. So far, this has not happened, but it is not too late.

If this government is willing to listen and make compromises, we could work together in the interest of Canadians.

My party is prepared to vote right now on the parts of Bill C-38 that are related to the budget, but the clauses in Bill C-38 that have no direct bearing on the budget should be removed. The government should not be trying to hide important changes to Canada's legislation in this bill.

The Prime Minister did not raise the issue of changing the age of old age security in the last election. He did not talk about overhauling the environmental assessment regulations and legislation or the Fisheries Act. He never mentioned important changes that were coming for employment insurance. These require fulsome debate as well as consultation with the provinces.

I close by appealing to the government to listen to reason. At the end of the day, it can get a great majority of what it wants. However, what it needs to remember is that Canadians will judge it by the way it goes about it.

Speaker's RulingJobs, Growth and Long-term Prosperity ActGovernment Orders

June 11th, 2012 / 12:15 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

As members are aware, the chair does not ordinarily provide an explanation on the basis for the report stage ruling. In cases where there are a large number of amendments or where the relations among them are complex, it has been found helpful to provide some description of the underlying organization of the ruling. I believe that the case before us today is one in which the House may benefit from some comments in this regard.

I remind the House that my comments are limited to addressing procedural issues relating to report stage and to my responsibility as Speaker to ensure that the relevant provisions contained in the Standing Orders are complied with.

On February 27, 2001, the House adopted a motion to add an additional paragraph to the “note” to Standing Order 76(5) and 76.1(5). That additional final paragraph added to the note reads as follows:

For greater clarity, the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage and, in exercising this power of selection, the Speaker shall be guided by the practice followed in the House of Commons of the United Kingdom.

As mentioned in the House of Commons Procedure and Practice, at page 778, “This occurred in response to the flooding of the Notice Paper with hundreds of amendments”.

Following the adoption of this new note in the Standing Orders, Speaker Milliken made a statement, Debates, March 21, 2001, pages 1991 to 1993, regarding how the Chair would interpret this note which has formed the basis of our current practice with regards to the selection of motions at report stage. If I may add, this process appears to have effectively served the House since that time.

Given the infrequency with which similar cases to those that led to the introduction of the note have arisen in the past decade, the Speaker has little in the way of precedent to guide him in arranging the report stage motions in a manner which will adequately reflect the various competing interests in the House.

In reviewing the motions placed before the House, there are essentially two types of motions the Chair has received. First, hundreds of motions to delete individual clauses in the bill have been placed on notice as well as a second group of amendments which seek to amend the text of a clause.

The recent precedents in relation to both types of motions are clear. For example, motions to delete clauses have always been found to be in order and it must also be noted have been selected at report stage. These motions are allowed at report stage because members may wish to express views on a clause without seeking to amend it. As is the case on such occasions, I have tried to minimize the amount of time spent in the House on this kind of motion by grouping them as tightly as possible and by applying the vote on one to as many others as possible.

The second group of motions, which seek to amend the text of individual clauses, have been submitted by members who had no opportunity to present amendments at committee stage and, consistent with the current practice, their motions have also been selected, except in the case where similar motions had already been considered by the committee and where all other procedural requirements have been met. The grouping of these motions follows the divisions of the bill. Motions have been grouped by the members submitting them for each clause of the bill. The vote on the first motion will be applied to the member's other motions in that class.

Although 871 motions have been placed on the notice paper, it is clearly not intended, nor do our rules and practices lend themselves to the taking of 871 consecutive votes. With respect to the voting table, substantive amendments have been grouped so as to allow for a clear expression of opinion on each of the subject areas contained in the bill. Motions to delete have been dealt with in conformity with the grouping scheme outlined above.

As your Speaker, I am fully aware of the extraordinary nature of the current situation. In reviewing the March 2001 statement by then Speaker Milliken, I was struck by the following, which I feel might have some resonance today:

As your Speaker, I am ready to shoulder the report stage responsibilities that the House has spelled out for me. However, I think it would be naive to hope that the frustrations implicit in the putting on notice of hundreds of motions in amendment of a bill will somehow be answered by bringing greater rigour to the Speaker's process of selection.

Since the decision of the House on February 27, 2001 to add the final paragraph to the note in the Standing Orders regarding report stage, there are few precedents to guide the Speaker in dealing with this type of situation. In my selection of motions, in their grouping and in the organization of the votes, I have made every effort to respect both the wishes of the House and my responsibility to organize the consideration of report stage motions in a fair and balanced manner. To the extent that some may have differing views concerning the decisions taken, it may be that the House or perhaps the Standing Committee on Procedure and House Affairs will wish to revisit the adequacy of our rules and practices in dealing with cases of this extraordinary nature.

There are 871 motions in amendment standing on the notice paper for the report stage of C-38.

The Chair will not select Motions Nos. 570, 571, 576, 626 to 628, 630, 842 and 843, since they require a royal recommendation. The Chair will not select Motions Nos. 411 and 412, because they were defeated in committee.

Motions Nos. 27, 29, 39, 55 to 61, 71, 73, 75, 83, 85 and 545 will not be selected by the Chair as they would introduce inconsistencies.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

The motions will be grouped for debate as follows:

Group No. 1, Motions Nos. 1 to 15.

Group No. 2, Motions Nos. 16 to 23.

Group No. 3, Motions Nos. 24 to 26, 28, 30 to 38, 40 to 54, 62 to 70, 72, 74, 76 to 82, 84, 86 to 367.

Group No. 4, Motions Nos. 368 to 410, 413 to 544, 546 to 569, 572 to 575, 577 to 625, 629, 631 to 841 and 844 to 871.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1 to 15 in Group No. 1 to the House.

Bill C-38—Speaker's RulingPoints of OrderPrivate Members' Business

June 11th, 2012 / 12:05 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

I am now prepared to rule on the point of order raised on June 5, by the hon. member for Saanich—Gulf Islands regarding the form of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

I thank the hon. member for Saanich—Gulf Islands for having raised the matter, as well as the hon. Leader of the Government in the House of Commons, the hon. House Leader of the Official Opposition, the hon. House Leader of the Liberal Party, and the hon. members for Winnipeg Centre, Winnipeg North and Thunder Bay—Superior North for their comments.

The foundation of the arguments brought forward by the member for Saanich—Gulf Islands is that Bill C-38 has not been brought forward in a proper form and is, therefore, imperfect and must be set aside. Specifically, the member relies on Standing Order 68(3) which states that, “no bill may be introduced either in blank or in an imperfect shape”.

In laying out her case, she argues that in its current form the bill fails the test of being “a proper omnibus bill”; first, because it lacks one central theme, that is “one basic principle or purpose”; second, because it fails to provide a link between certain items in the bill and the budget itself; and third, because it “omits actions, regulatory and legislative changes” that are purported to be included in it by representatives of the government.

In response, the government House leader indicated that Bill C-38, as a budget implementation bill, had as its unifying theme the implementation of the budget. This, he reminded the House, arose from the adoption of the budget by the House. To use his words, “The budget sets the clear policy direction and the budget implementation bill implements that direction” and is “a comprehensive suite of measures designed to ensure jobs, economic growth and long-term prosperity”.

Before I address the arguments put forward in this case, it is perhaps useful to remind members of what the provisions of Standing Order 68(3)—the basis of the point of order raised by the Member for Saanich—Gulf Islands—refer to. House of Commons Procedure and Practice, Second Edition, at page 728, states:

Since Confederation, the Chair has held that the introduction of bills that contain blank passages or that are in an imperfect shape is clearly contrary to the Standing Orders. A bill in blank or in imperfect shape is a bill which has only a title, or the drafting of which has not been completed. Although this provision exists mainly in contemplation of errors identified when a bill is introduced, Members have brought such defects or anomalies to the attention of the Chair at various stages in the legislative process. In the past, the Speaker has directed that the order for second reading of certain bills be discharged, when it was discovered that they were not in their final form and were therefore not ready to be introduced.

Furthermore, at pages 730 to 734, members can find a description of the various elements that comprise a bill. A bill must have a number, a title, an enacting clause, and clauses. It may also have a preamble, interpretation and coming-into-force provisions, and schedules.

Having reviewed Bill C-38, I can assure the House that it contains all of the required elements and is therefore in proper form in these respects. In addition, the requisite notice was given for its introduction and the bill was preceded by a ways and means motion, as is required. It is also duly accompanied by a royal recommendation.

Now the member for Saanich—Gulf Islands has taken the argument of imperfect shape one step further in stating that Bill C-38 is not in the proper form and that it is not, in her words, “a proper omnibus bill”.

Here again it is perhaps useful to return to House of Commons, Procedure and Practice, second edition which states, at page 724, in reference to omnibus bills, “Although this expression is commonly used, there is no precise definition of an omnibus bill”.

It then goes on to state that:

In general, an omnibus bill seeks to amend, repeal or enact several acts, and is characterized by the fact that it is made up of a number of related but separate initiatives. An omnibus bill has “one basic principle or purpose which ties together all the proposed enactments and thereby renders the bill intelligible for parliamentary purposes.” One of the reasons cited for introducing an omnibus bill is to bring together in a single bill all the legislative amendments arising from a single policy decision in order to facilitate parliamentary debate.

At page 725, O'Brien and Bosc goes on to state:

It appears to be entirely proper, in procedural terms, for a bill to amend, repeal or enact more than one Act, provided that the requisite notice is given, that it is accompanied by a royal recommendation (where necessary), and that it follows the form required.

Naturally, there have been a number of rulings on the subject. Among these is a ruling given by Speaker Sauvé on June 20, 1983, which can be found at pages 26537 and 26538 of Debates, where she stated that:

—although some occupants in the Chair have expressed concern about the practice of incorporating several distinct principles in a single bill, they have consistently found that such bills are procedurally in order and properly before the House.

On April 11, 1994, Speaker Parent faced similar objections to another budget bill—C-17—when a member argued that the House was being asked to take a single decision on a number of unrelated items. As can be found at pages 2859 to 2861 of the Debates, the Speaker disagreed, noting that in the Chair’s opinion:

—a common thread does run through Bill C-17; namely, the government's intention to enact the provisions in the recent budget, including measures to extend the fiscal restraint measures currently in place.

The second argument raised by the member for Saanich—Gulf Islands, which is irrevocably linked to her first argument regarding the need for a central theme, was that there were elements found in Bill C-38 that were not provided for in the budget. It would be useful, at this juncture, to remind members that the long title of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, is very broad, as is typical in bills of this kind. Clause 1 of the bill, which contains its short title, provides that “This act may be cited as the Jobs, Growth and Long-term Prosperity Act” and thus restates the very broad scope of the measure. O'Brien and Bosc, at page 731, notes that the long title sets out the purpose of the bill, in general terms, and must accurately reflects its content.

Speaker Fraser, on June 8, 1988, at page 16257 of the Debates, also referred to the use in our practice of generic language in bill titles and stated that, “every act being amended need not be mentioned in the title”.

If the long title had been specific and limited in scope, then the hon. member might have had a sounder basis for claiming that the bill went beyond what was contained in the budget. However, the title of Bill C-38 is wide in scope, and therefore, it is an accepted practice that the content of the bill could be similarly broad.

The third point raised by the member for Saanich—Gulf Islands relates to her contention that representatives of the government, during debate at second reading of Bill C-38, claimed that the bill gave legislative effect to policy decisions that are not in fact contained in the bill.

What the member is raising here is perhaps a question of relevance in debate or a dispute as to facts. As Speaker Milliken stated at page 5411 of the Debates on October 27, 2010:

It is not the Speaker's role to determine who is right and who is wrong. I know there are disagreements over some things that are said in this House, but it is not up to the Speaker to decide either way.

It may well be that members, in their remarks, spoke about elements of the government's fiscal or regulatory policy intentions that were not contained in the bill, or that may flow from the bill if it is passed. These are matters that are beyond the purview of the Speaker. Given the generous latitude for relevance which is typically accorded to members on such wide-ranging debates, including that on the budget, it is in keeping with parliamentary practice that issues raised in debate would not exactly mirror the contents of legislation in every respect. As such, while these concerns are certainly pertinent to the wider debate surrounding the bill, they do not, in and of themselves, point to a technical deficiency in the bill itself.

As the member for Saanich—Gulf Islands noted, my predecessors have frequently been called upon to rule on matters pertaining to omnibus bills. In this regard, her argument that, “… there is a compelling case that the House must act to set limits around omnibus legislation” is one that has been made before. On these occasions, the key question faced by Speakers has been: What is the role of the Chair in dealing with such matters?

As Speaker Sauve said on March 2, 1982 at page 15532 of the Debates:

It may be that the House should accept rules or guidelines as to the form and content of omnibus bills, but in that case the House, and not the Speaker, must make those rules.

Speaker Fraser, in the June 8, 1988 ruling referred to by the member, advanced his own view of the role of the Chair in dealing with omnibus bills, by stating, at page 16257 of Debates:

Until the House adopts specific rules relating to omnibus bills, the Chair's role is very limited and the Speaker should remain on the sidelines as debate proceeds and the House resolves the issue.

Indeed, the member for Saanich—Gulf Islands herself also recognized the limited role of the Speaker in such circumstances, stating:

It is clear that the Speaker is not, at present and in absence of rules from the House to limit the length and complexities of omnibus bills, entitled to rule that an omnibus bill is too long, too complex or too broad in scope.

It may well be time for members to consider our practices for dealing with omnibus bills. However, in the absence of any clear rules, I find myself agreeing with Speaker Fraser, that the most appropriate role for the chair is to step aside and allow the House to determine the matter.

When addressing similar matters in relation to omnibus bills, Speaker Jerome on May 11, 1977, at page 5523 of Debates, and Speaker Parent on April 11, 1994, at page 2861 of Debates, both suggested that members could propose amendments at report stage to delete clauses they felt should not be part of a bill, or vote against it. We all know that this has certainly been done with respect to Bill C-38.

In the same ruling by Speaker Parent, again at page 2861 of Debates, he stated:

—it is procedurally correct and common practice for a bill to amend, repeal, or enact several statutes. There are numerous rulings in which Speakers have declined to intervene simply because a bill was complex and permitted omnibus legislation to proceed.

Perhaps the Standing Committee on Procedure and House Affairs, which is engaged in a review of the Standing Orders, could examine this thorny issue as part of its study, but until such time as the House feels compelled to set new limits on omnibus legislation, as your Speaker, I must continue to be guided by current rules and practice.

Having reviewed the submissions made by hon. members and the relevant precedents, including the many rulings just cited, the Chair cannot agree with the hon. member for Saanich—Gulf Islands to conclude that Bill C-38 is not in the proper form and therefore should not be allowed to proceed.

In the absence of rules or guidelines regarding omnibus legislation, the Chair cannot justify setting aside Bill C-38 and accordingly must rule that Bill C-38, in its current form, is in order.

I thank hon. members for their attention.

Search and RescuePrivate Members' Business

June 11th, 2012 / 11:30 a.m.
See context

NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I am very happy to have the opportunity to speak to the motion introduced by my hon. colleague from St. John's East.

This issue is very important to me, because I represent a maritime region. Many coastal communities are very concerned about maritime search and rescue operations, which save the lives of fishers, mariners and pleasure boaters, who flock to the Gaspé and the Magdalen Islands.

People condemn the fact that there is a double standard in Canada right now. One standard applies on weekdays, from 8 a.m. to 4 p.m. During that time period, it takes 30 minutes to launch a search and rescue operation to save fishers or mariners. I am not saying that search and rescue workers do not give their all. These people are clearly very brave, and we really appreciate the dangerous work they do. They go through some very intense training.

The fact is there is simply not enough staff for dealing with the high volume of recreational boaters who are active outside regular working hours, on weekends, which, statistics show, is when 80% of the emergency calls enter our system.

There is a major disconnect between the service offered and the resources required to have the first-rate service we deserve in a free and democratic country such as Canada. We expect first-rate service.

Recently, there was question as to whether closing the marine rescue centre in St. John's, Newfoundland, would have an impact. For example, a sea captain with a health problem radioed the centre, but the centre did not have enough staff. The call had to be directed to a doctor in Rome. First, obviously the doctor was not familiar with the Newfoundland dialect. Second, he was unfamiliar with the Grand Banks of the Atlantic Ocean. Third, he did not know the risks this poor captain was facing. All this is very worrisome.

The budget cuts the Conservatives are proposing today, with Bill C-38 for instance, will endanger the lives of our fishers, mariners and recreational boaters. Canadians expect the federal government to protect them, but this government is abandoning them.

Frankly, Bill C-38 should not be passed by this House and today's motion moved by the hon. member for St. John's East on the staff at the search and rescue centres, is a good reason why not. We do not have the means to save Canadians' lives and we should be ashamed.

The Conservatives are offering solutions to fix the staff shortage. We already know that many of the fixed wing search and rescue aircraft need to be replaced. What is the government proposing as a replacement? It is proposing the F-35 fighter jets. Those planes are not built for saving lives. They are built for war.

Should the Conservative government's top priority not be Canadians' health and safety, instead of going ahead with plans to declare war elsewhere? Resources absolutely have to be in place here, in Canada, but that is just not the case. The Cormorant, Griffon, Hercules and Buffalo aircraft are all in an abysmal state of repair. We absolutely must replace a great deal of our equipment, and that is just not happening.

There are delays and discussions. There is talk, but no action. We have seen the consequences of not replacing equipment. We can cite the death of Burton Winters in Makkovik, Labrador, which is really not that far from Gander, where there is a rescue centre. We should have been able to save that young man, but we did not mainly because we did not have the resources. If someone finds themselves in trouble after four o'clock in the afternoon, too bad for them. There is a good chance that they will not make it because the Government of Canada is not there to provide the help they need and expect.

Quite frankly, it is shameful to spend money on F-35s when the lives of Canadians are at risk. Many Canadians died last year, and that will continue. It is a real shame.

It makes no sense to endanger the lives of our fishers, mariners and pleasure boat operators in the name of budget cuts. We must obviously consider the state of Canada's finances, but not to the point where we jeopardize people's very lives. This is what is troubling about the Conservatives. Perhaps they misunderstood the consultations conducted last year. The Standing Committee on National Defence travelled to Gander and Halifax, and committee members met people and heard testimony from individuals who requested improved and increased resources and better service.

The committee was unfortunately unable to publish its report. Many members in the House may not have had a chance to read the testimony. I invite members from all parties to take note of the evidence received by the Standing Committee on National Defence in late January or early February of last year. It would definitely be instructive to read it even though the report was not published.

We understood that Canadians felt the Conservative government was not doing enough. In fact, it is even doing the opposite. It is cutting budgets at a time when we need more resources. It is making cutbacks of nearly $80 million at Fisheries and Oceans Canada. It has made cuts to the Coast Guard. The vessel traffic services centres are shutting down, and the rescue centres are closing. No service improvements are planned, quite the contrary. More people will definitely be at risk than in the past. I believe the Conservatives will pay a heavy price for the choices they are making today. Endangering people's lives in order to save pennies—mere scraps—is incomprehensible.

The government claims to be saving $1 million by closing the Quebec City rescue centre. The Trenton rescue centre, however, which was supposed to replace it in large part, is unable to do so. Nearly $1 million will have to be spent to upgrade it to the level of the rescue centre being closed.

You do not save money just to spend it later. Doing that not only risks the lives of fishers, mariners and pleasure boaters, but it also puts the lives of francophone fishers, mariners and pleasure boaters at particular risk.

In a recent report, the Commissioner of Official Languages pointed out that closing the search and rescue sub-centre in Quebec City will put francophones especially at risk. Clearly, Trenton is not likely to have a large bilingual population. I know that the people in Trenton do a very good job—it is a renowned military centre—but the fact is that they are not known for their bilingualism or their ability to understand the Acadian accent and dialect.

In addition, the government has closed the rescue sub-centre in St. John's, Newfoundland, and transferred the staff to Halifax, but the people there do not know the Grand Banks or the Newfoundland dialect. The government is putting people's lives at risk to save a few bucks. We do not even know for sure that this move will save money. At the end of the day, I believe it will cost money and lives, and that is truly shameful. It makes no sense to risk the lives of our fishers, sailors and pleasure boaters.

The Conservatives will have to answer for this, and they should be ashamed.

Transboundary Waters Protection ActPrivate Members' Business

June 8th, 2012 / 1:30 p.m.
See context

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I thank my hon. colleague for his question and for his positive comments on the bill. As for his comments about a minister's comments on ballast water, I am not familiar with the comments he is referring to. However, I can tell the member that his wording of “loosening” certainly would not be a true statement because we have tightened the ballast laws on incoming foreign ships into the Great Lakes system and other lakes and rivers in Canada, not loosened them. Therefore, he is certainly mistaken there.

As far as Bill C-38, there are all kinds of good stuff in there and fear-mongering by the opposition and others about some of those changes are simply that, fear-mongering.

Transboundary Waters Protection ActPrivate Members' Business

June 8th, 2012 / 1:30 p.m.
See context

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, our party does intend to support the bill at second reading and I applaud the member for introducing it. It is important legislation that would contribute to safeguarding our water.

The member mentioned the $17.5 million put toward protecting Asian carp and yet the parliamentary secretary travels to a foreign capital to urge it to loosen its ballast water regulations. There is a bit of an imbalance in terms of the approach the government is taking, which leads me to my question.

Protecting our water resources requires strong environmental regulation. We have seen from the omnibus legislation that is coming down that those regulations will be loosened. While I applaud the member for this legislation, I wonder how the government will be able to deal with protecting biodiversity, protecting the integrity of our soil, our air and our water. Could the member speak to this? Maybe he has other legislation prepared to fill in the gaps that would be created by Bill C-38?

Fisheries and OceansOral Questions

June 8th, 2012 / 11:30 a.m.
See context

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, none of that is true. The changes to the Fisheries Act that are contained in Bill C-38 would allow Fisheries and Oceans Canada to focus more effectively in a practical way on the protection of commercial, aboriginal and recreational fisheries.

There are some additional protections in that act. For example, it would allow the minister to identify some ecologically sensitive areas, which he currently does not have the ability to do, which will provide even greater protection to those fisheries than they currently have.

There are some new tools to identify and regulate aquatic invasive species, which is a serious problem in this country.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 10:15 a.m.
See context

St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I appreciate the opportunity to speak to the bill.

Having listened closely to the previous speaker's presentation on your ruling, Mr. Speaker, I will speak to one point on the issue that relates to Bill C-31 and to Bill C-38.

There are a number of issues in Bill C-38, our budget bill, that have a lot to do with immigration. I appreciate the member's description of what the opposition's role is in terms of keeping the government to account and accountable. However, what he failed to mention was the amount of time allocated in committee for both Bill C-31 and Bill C-38. Bill C-38 was given an unprecedented amount of time for debate, more than for any other bill in recent history. The fact is that the member would not and did not acknowledge the hours and hours spent debating each and every one of these clauses at committee, which is part of the parliamentary process. He did not even want to acknowledge the time given by the government, in agreement with the opposition, to have that debate.

I have said that because we took exactly the same approach with Bill C-31. We opened the doors at committee and said that we should bring in all witnesses. The opposition members believed that this was a big, fundamental bill that would change the refugee system in our country so they wanted to hear from all the experts in the country. Even though we had gone through the entire process once already, we went through it again. I did not hear an acknowledgement from the member opposite for the efforts made in terms of our parliamentary process and listening to what people had to say, and not just witnesses but all members of the opposition who had the opportunity to present their changes, thoughts and beliefs on what the bill should look like. With respect to Bill C-31, there were two significant amendments that were made at committee. These were not amendments that had to be made. As everyone knows, there are enough votes at each of our committees here on the Hill for us to win without having to make changes, without having to do anything other than that this is what will be moved forward for third reading and this is the bill that will receive royal assent.

In our case, we heard from witnesses and we made two significant changes. One had to do with cessation. The way the clause could have been interpreted, an unintended consequence could have been the potential for that individual to lose permanent residency if the country of origin had changed status. We made adjustments to that piece of the legislation. We also made a significant change to the detention issue for irregular arrivals. The original clause included a detention period of up to 12 months. Upon hearing from experts and witnesses who presented their case, the minister and the government listened and made a significant decision. We said that individuals who arrive in what is deemed an irregular arrival, as we saw with the Sun Sea or the Ocean Lady in British Columbia, they would have a hearing after 14 days. Subsequently, if they have been determined to have or not have success with respect to their refugee application, they would be given another hearing after six months.

Therefore, contrary to what the opposition members have been saying over the last week about this government's position with respect to listening, it does listen and it has listened. Bill C-31 is a stronger bill today at third reading than when it was introduced at first reading. Contrary to what the opposition members are saying, this government does spend a lot of time listening, understanding and moving toward the best piece of legislation that we can put forward.

In fact, it speaks to our refugee system here in the country. We welcome more resettled refugees than almost any country in the world. Based on the continued implementation of Bill C-31, which encapsulates a number of pieces of Bill C-11, which was our original refugee reform act, we will have an additional 2,500 refugees per year settle into our country, which is a 20% increase.

It again shows that Canadians have always been known to be fair and compassionate. Our country has a long and proud humanitarian tradition. This bill only strengthens that tradition all the more.

However, it is safe to say that our system, and it is no secret, is also open to abuse. We see that abuse on a daily basis. We are a generous and welcoming people but we do not have tolerance for those who take unfair advantage of our country. Canadians have told us loud and clear again and again that they want a stop put to the abuse which exists within our immigration system. By introducing Bill C-31, and where we are today at third reading, we will see and have shown to those people in this country who have asked us to, that we will protect the integrity of immigration and our refugee system.

There are three main areas covered by the bill which are all interrelated.

First, Bill C-31 includes further and much needed reforms to our asylum system. While the Balanced Refugee Reform Act went a long way to reforming Canada's refugee system, further reform is absolutely necessary. The opposition likes to ask why. The answer is very simple but it cannot be found by using political rhetoric. This is all based on a very factual, necessary and purposeful argument.

We need to look at the cold, hard and indisputable facts. In 2011, Canada received a total of 5,800 refugee claims from democratic, rights respecting member countries of the European Union. That is an increase of 14% from 2010. That number is actually more than the number of claims that we receive from Africa or Asia. There is a simple problem here. The top source country for refugee claims is Hungary, which is an EU member state. Of all refugee claims in 2011, 4,400, or 18%, came from Hungary. That is up almost 50% from 2010.

What is even more telling is that in 2010, of the 2,400 claims made by Hungarian nationals, only 100 of them were actually made in countries other than Canada. They all came to Canada to make a refugee claim from one country, except 100. There is a problem here. There is an obvious issue that needs to be dealt with. It means that Canada received 2,300 claims from Hungary, which is 23 times more than any other country has received from Hungary. The fact that most gets to the core of why further refugee reform is needed is that virtually every one of these claims was abandoned, withdrawn or rejected. Refugee claimants themselves are choosing not to see their claims to completion, meaning they are not in genuine need of Canada's protection. In other words, their claims are bogus.

The reason these claims are bogus is that people are choosing to come all the way to Canada. They have a choice. There are 26 other countries right next door and most, if not all, are part of the EU. These bogus claimants come here to exploit Canada's generous asylum system because of the lucrative and expensive taxpayer funded health care, welfare and other social benefits that are allowed under the current system we have in place. In fact, these bogus claims y cost Canadian taxpayers in excess of $170 million, and that was just last year alone.

Bill C-31, protecting Canada's immigration system act, is part of our plan to restore integrity to our asylum system and restore Canadian's confidence in our immigration system. The bill would make Canada's refugee determination process faster and fairer and would result in faster protection for those who legitimately need refugee protection. It would also, and this is the important aspect of it, ensure faster removal of those whose claims are withdrawn, those claims that are bogus and those claims that have been rejected.

We will speed up the refugee claims process in a number of ways. For example, one major component of Bill C-31 is the improvements to the designated country of origin provision. This will enable the government to respond more quickly to increases in refugee claims from countries that generally do not produce refugees, such as most of those that are in the European Union. Claimants from those countries will still have the opportunity to be heard in terms of their application and to be deemed refugees in Canada.

Contrary to what the opposition has said, there is, for every person who claims refugee status in this country, an opportunity to be heard and an opportunity to have their case determined by the Immigration and Refugee Board. We will change that process so that it will take close to 45 days versus close to 1,100 days that exists now, more than on average three years to process a refugee application in this country.

If 97% or 98% of claims from particular countries are abandoned or withdrawn, we can just imagine how many months and how many years an individual can take advantage of the Canadian system just because of the number of days it takes to get through this process. This will happen no more. We will turn the system around. We will ensure that everyone gets a hearing and we will ensure it is completed within and about as close to 45 days as possible.

The designated country of origin provisions, which I mentioned and are included in Bill C-31, would bring Canada in line with its peers. Countries, like the United Kingdom, France, Germany, Switzerland, all recognize that some countries are simply safer than others and we can presume them to be so based on criteria, both quantitative and qualitative, that are included within the bill itself. Therefore, refugee claimants from those designated safe countries may be reasonably considered under the expedited process, the 45 day process that I mentioned.

We have had some discussion about the UN lately. I am encouraged, or at least listening, when the opposition stands to speak in favour of pretty much anything that the UN does. I thought it would be important this morning to show that the United Nations High Commissioner for Refugees, António Guterres, has acknowledged that by saying:

...there are indeed safe countries of origin. There are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries

Mr. Guterres also agreed that as long as all refugee claimants have access to some process it is completely legitimate to accelerate claims from safe countries.

I will take that one step further. Abraham Abraham, who is the former United Nations High Commissioner for Refugees, also is not opposed to the process upon which we have designated safe countries. He indicated:

...as long as this is used as a procedural tool to prioritize or accelerate examination of applications in carefully circumscribed situations, and not as an absolute bar.

We are not just implementing a process that is being used everywhere in a number of countries in the world. We are using a process that is endorsed and understood to be a correct one. It does not exist in our Canadian system as it is right now.

I want to underscore, despite what the opposition has said, that every refugee claimant will continue to receive a hearing before the independent quasi-judicial Immigration and Refugee Board regardless of where he or she came from. Furthermore, every refugee claimant in Canada will have access to at least one level of appeal. These procedures exceed the requirements of both our domestic law and our international obligations.

I will add this is not the purpose nor the reason for passing the bill, but there is a financial benefit to the process in which we will now receive and determine refugee applications. We will save not just federal taxpayers, but provincial and territorial taxpayers, $1.65 billion over a five year period.

How will we use that money? The premiers, finance ministers and ministers of immigration across this country will tell us exactly how they could use that money, whether it be for settlement services, or whether it be for enhancing health care delivery. What we are offering is an opportunity for savings, an opportunity for that money to be used not to fund bogus claims, not to finance those who want to take advantage of our system, but to actually assist Canadians here in our country.

Unfortunately, what is lost in debate over the bill is what it will mean for genuine refugees who are fleeing persecution and who fear for their lives. Under Bill C-31, genuine refugees will receive Canada's much needed protection much more quickly. They will not be waiting three years in the determination process, but will be waiting as little as 45 days to know that they indeed have a home here in Canada. I cannot for the life of me understand how the NDP and the Liberals could be against that process.

Bill C-31 includes tough but fair and necessary measures to combat, deter and crack down on the criminal act of human smuggling. On this side of the House, we are not scared to face the issues of human trafficking and human smuggling. We will face them like no government in this country has before, and we will continue to do that.

Until recently, most Canadians believed that large-scale human smuggling was something that did not happen here, that it was something they just read about in the paper. They thought it only happened in other countries, for example, Australia.

That all changed in 2009 when Canada witnessed the arrival on the west coast of the MV Ocean Lady, which carried 76 migrants. It was almost as if it were a test case to see what would happen when the ship arrived, because less than one year later, the MV Sun Sea came, which held close to 500 migrants. This was not a cruise ship. This was not a ship designed to hold individuals. This was a ship designed specifically by human smugglers who take advantage of these individuals and extract as much money as they can, $30,000, $40,000, $50,000, from individuals, who end up spending most of their lives paying that money back. The smugglers would put these individuals on not much more than a freighter to come across the ocean and land here in Canada.

Just as we have new members who are seeing individuals who are not true refugee claimants come to Canada to take advantage of our system, so we have human smugglers who understand the business of smuggling and the lowest common denominator in terms of which country will accept the individuals and how to take advantage of that. Not only are they taking advantage of our country, but they are taking advantage of the individuals.

We all know the stories. On board many of these ships are criminals and terrorists from a country and the human smugglers themselves who, unbeknownst to others, are dressed as if they are also in a position to claim refugee status in our country.

That is going to change. We are going to let the world know that human smuggling is not only unacceptable in this country, but that there will be a very significant price to pay for those who want to get into this business.

We do not have to look too far back to the past number of short weeks and months to know that we are catching these individuals. They are being sought out. They are being charged and they will be convicted. That is how we will stop this business.

There are so many more parts of Bill C-31 that are critically important, whether it be human smuggling, whether it be the issue of irregular arrivals, or whether it be the system itself in terms of how long it takes. We are moving from a system that takes 1,000 days on average to answer a refugee application submitted to the minister to one in which it will take anywhere from 45 days for those who are coming from designated safe countries, versus those who are coming from non-designated safe countries. There is an appeal process in place for each one of these individuals.

There is a process in place where we are now responding to those who truly deserve to be in our country. The best part of all of this is it sets in place a process that is fair to Canadians.

Bill C-38Points of Order

June 8th, 2012 / 10:05 a.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I rise today with respect to the point of order that was raised by the member for Saanich—Gulf Islands a number of days ago. We have heard from the Liberal Party and the government. New Democrats want to add our voice to the conversation in, hopefully, a timely and brief manner.

I rise in support of the motion by the member for Saanich—Gulf Islands with respect to her concerns and the concerns shared by many of us in this place about the manner in which the government has moved Bill C-38, the omnibus budget implementation act. My friend made a number of points. Some of them, we would suggest, are stronger than others for your purview, Mr. Speaker, but on the central theme we find ourselves in agreement.

On many of the concerns that were raised, you have heard from the official opposition New Democrats throughout question period, public commentary and in conversations in the House with you, Mr. Speaker, on the nature and form of the bill and the concerns we share with Canadians of its effect on members of Parliament to do our jobs. This is why I appeal to you directly, Mr. Speaker, in the decision that you have to make because, ultimately, it is your choice in the way we conduct ourselves as members of Parliament and the House conducts itself.

Let me take care of one point right away that the government has raised as a measure of defence of the process that we are engaged in with this more than 400-page budget implementation act, extending over more than 700 clauses, affecting as many as 70 acts of Parliament, either revoking them entirely or modifying them significantly. We have never seen the scale and scope of a bill like this before in parliamentary history, from our purview and the purview of experts who have watched this place over many years. Therefore, let us do away with the idea that the government believes that having a number of hours of debate either here or in committee has somehow satisfied the test that Canadians and parliamentarians understand what is in this act. That is, frankly, not the case. It is almost impossible to understand all of the implications that have been brought in with this act because the government is withholding certain pieces of information, which we will bring to your attention in days to come.

The first point that the member for Saanich—Gulf Islands raised was around the fact that there is no central theme to the bill, thereby making it inadmissible or detrimental to Parliament and parliamentary democracy.

The second point raised was that there was little or no link between the budget itself and what the government has called the budget implementation act. In passing conversation with somebody not as familiar with this place as members are, a Canadian would assume that a budget implementation act would be explicitly linked to the budget by its name and form. Yet we find within the budget implementation act many pieces of government policy that are never mentioned at all in the budget. One example is the removal of Canada from the Kyoto protocol. There is no mention of this in the budget whatsoever, no mention of any aspect of climate change policy or anything to do with that particular act of Parliament, and yet in the budget implementation act there are a couple of lines that remove Canada from that international treaty.

Aside from concerns about whether one agrees or disagrees with the government's intentions with respect to climate change and its lack of actions, the point has to be made that if a government is introducing a budget implementation act with all sorts of measures that have nothing to do with the budget itself, it becomes a budget act in name only. In the actual function, the government is piling in a number of initiatives, policies and new directions for the government that should stand alone and independent for discussion by MPs and the Canadian public.

The intervention by my friend in the corner suggests that for members of Parliament to be able to do our jobs, we need to be able, in good conscience, to hold government to account. Her third point was that the bill is not ready and imperfect and she made a number of interventions on that, which I will not touch on too much.

To your role in this, Mr. Speaker. Ultimately you are the arbitrator of this place and the defender of our privileges and efforts as members of Parliament to do what Canadians send us to Parliament to do, which is to hold government to account. That is not simply the role of opposition members. So too is it the role of government members in this place. They too are encumbered with the effort to hold government to account at all times.

If we remember parliamentary history, there was a time in this country that, when MPs were elected and then needed to be placed in cabinet, they actually had to run in a byelection because their role had fundamentally changed to one in which they were defending the government's policy, that is in cabinet, as opposed to sitting as a member of Parliament regardless of party affiliation. That role is fundamentally different.

The concern that we have is twofold. We have seen a trend of increasing cynicism from Canadians towards politics in general and towards this—

Fisheries and OceansAdjournment Proceedings

June 7th, 2012 / 6:20 p.m.
See context

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, the short answer to the question that the member for Saanich—Gulf Islands included in her question originally is that the latter is not true.

Let me provide a little more information. The Fisheries Act was originally established to protect Canada's fisheries resources and define federal responsibilities for the management of fisheries and the related protection of fish and fish habitat.

The current habitat protection provisions of the Fisheries Act are broad in scope, requiring protection of all fish habitat, regardless of their value to Canadians. Concerns about the broad and even unintended scope of the application of the existing regulatory regime have been raised by stakeholders across this country. This country, not China.

Farmers and landowners have criticized the department for applying its mandate and resources to areas with low contribution for fisheries. In addition, significant risk to fisheries have emerged that are not appropriately considered in the Fisheries Act, such as those posed by aquatic invasive species.

Many stakeholders over the years have asked us to focus on the significant impacts to significant fisheries. Many stakeholders have also asked us to find ways to work more effectively with the provinces and conservation groups. They have asked us to apply our resources strategically to ensure that Canada's fisheries can benefit Canadians today and for future generations.

In response to these challenges, the Government of Canada is proposing to renew and strengthen its current approach to management and fisheries protection through amendments to the Fisheries Act. These amendments would focus the government's protection efforts on recreational, commercial and aboriginal fisheries.

It would also draw a distinction between vital waterways that support Canada's fisheries and those that do not contribute to productive fisheries, such as drainage ditches in some cases and storm water management ponds.

They would identify and manage important threats to the fisheries, including direct impacts to fish, habitat destruction and aquatic invasive species.

Let me be clear that the rules will continue to protect Canadian fisheries waters from pollution, as they have in the past, and the proposed legislative amendments would provide additional clarity on the application of the law.

Proposed in Bill C-38 are a new suite of tools that help strengthen our protection of commercial, recreational and aboriginal fisheries. We will now be able to identify ecologically significant areas, such as critical spawning habitat for sockeye salmon and provide enhanced protection for those critical zones.

In addition, infractions under the Fisheries Act will now be aligned with those set out in the environmental enforcement act, which provides higher maximum penalties. This will ensure that those who break the rules are subject to stiffer penalties.

Through these amendments, we will also be able to establish new, clear, and accessible standards for projects in or near water. It makes good common sense that the government should be able to minimize or eliminate restrictions on routine activities that pose little or no threat to fisheries, while at the same time maintaining appropriate, reasonable and responsible protection for Canada's commercial, recreational and aboriginal fisheries.

A renewed Fisheries Act will provide us with the tools to develop effective regulations prohibiting the import, transport and possession of live aquatic invasive species, such as Asian carp, which are threatening the Great Lakes.

The Government of Canada takes the protection of our country's commercial, recreational and aboriginal fisheries very seriously. Given the importance of the fisheries from coast to coast to coast, we must focus our efforts on the effective protection of these fisheries. Their long-term sustainability and productivity are our priority.

Bill C-38Points of OrderGovernment Orders

June 7th, 2012 / 4:35 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to rise to offer some supplementary comments to the point of order raised on Monday by the hon. member for Saanich—Gulf Islands, and further to the submissions that were just advanced by the House leader for the Liberal Party.

The hon. member for Saanich—Gulf Islands in her arguments went on to cite at some length some academics and some press clippings, but not really zeroing in on the full content of Speakers' rulings.

She did reference a few Speakers' rulings and did the odd selected quotation from them, but I think it would be useful for the House to hear some more complete citations or quotations from those decisions of the Chair that actually capture the essence of those decisions on how a bill such as Bill C-38 should be dealt with.

In the ruling on the 1982 energy bill, Madam Speaker Sauvé said, at page 15532 of Debates:

It may be that the House should accept rules or guidelines as to the form and content of omnibus bills, but in that case the House, and not the Speaker, must make those rules.

Therefore, having heard argument and having examined Bill C-94, I must now rule on the basis of existing precedents, which do not support the proposition that the bill should be divided or struck down.

I emphasize “or struck down” because that is what she is asking you to do in this case.

Madam Speaker Sauvé also ruled on June 20, 1983, at page 26538 of Debates, on the western grain transportation bill, as follows:

—although some occupants of the Chair have expressed concern about the practice of incorporating several distinct principles into a single bill, they have consistently found that such bills are procedurally in order and properly before the House.

This bill does not even meet that test of distinct principles. It is all one principle, the implementation of our budget.

The hon. member for Saanich—Gulf Islands also quoted some decisions of Mr. Speaker Fraser, including one reference which even she acknowledged was “at best obiter dicta”.

In his June 8, 1988 ruling on the Canada-U.S. Free-Trade Agreement, he cited the 1982 ruling of Madam Speaker Sauvé, who called it, at page 16257 of Debates, “the Chair's traditional position”. That led Mr. Speaker Fraser to say:

Until the House adopts specific rules relating to omnibus Bills, the Chair’s role is very limited and the Speaker should remain on the sidelines as debate proceeds and the House resolves the issue.

He cited himself in his later rulings on April 1, 1992, at page 9149 of Debates, and December 7, 1992, at page 14735 of Debates.

Underpinning her submissions were what the member for Saanich—Gulf Islands described as Mr. Speaker Lamoureux's so-called misgivings in a January 26, 1971, ruling.

Let me add to the record the paragraph she left out on page 284 of the Journals, which immediately followed the one quoted by the member for Saanich—Gulf Islands.

The Speaker went on to say:

At the time, having now reached second reading and having had this bill before us for some time, I doubt whether we should take the very drastic and extreme position, as I suggest to hon. members it would be, of saying that this bill is not acceptable to the House, that it should not be put by the government and that it should not be considered by hon. members. In my view it should be the responsibility of the Chair, when such bill is introduced and given first reading, to take the initiative and raise the matter for the consideration of the House by way of a point of order.

Indeed, as the hon. member for Saanich—Gulf Islands opined in her opening remarks, at page 8719 of Monday's Hansard:

—I still think there is a compelling case that the House must act to set limits around omnibus legislation.

Later, at page 8720, she conceded that:

It is clear that the Speaker is not, at present and in absence of rules from the House to limit the length and complexities of omnibus bills, entitled to rule that an omnibus bill is too long, too complex or too broad in scope.

What she is seeking to do, through a point of order, is try to have the Speaker in fact implement new rules, effectively new Standing Orders. That is, of course, not the proper way of proceeding. Moreover, it is worth noting that over the decades of the prevailing status quo, the House has not availed itself of any opportunities to vary the status quo with regard to the Standing Orders in this matter.

I will not repeat myself from Monday afternoon when I articulated the consistent theme of Bill C-38, as it related to the implementation of this year's budget, economic action plan 2012. It is a comprehensive suite of measures designed to ensure jobs, economic growth and long-term prosperity, a package which, as you will recall, Mr. Speaker, was endorsed by a vote of the House on April 4.

Therefore, in conclusion, Bill C-38 is not only built around a consistent theme, but its construction is not, as noted by your predecessors, for the Chair to veto.

Bill C-38Points of OrderBusiness of the House

June 7th, 2012 / 3:10 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Mr. Speaker, I would like to take this opportunity to respond to the point of order that was raised earlier this week by the member for Saanich—Gulf Islands concerning Bill C-38.

Simply stated, I wish to reiterate that we in the Liberal Party also have deep concerns about this legislation. That the government's argument for putting it forward in its current form is that it is all essential in order to help us stimulate our fragile economy is completely disingenuous and frankly very misleading.

For example, the government's plan to change the age for receiving old age security from 65 to 67 beginning in 2023 is hardly a critical budget decision that must be taken at this time and within this bill. I dare say most of us will not even be here 11 years from now.

Another example has to do with all of the changes to environmental and fisheries legislation. The government would have us believe that these changes have to happen right away to protect our fragile economy, but these laws will have serious repercussions and must be debated in the context of their own bills.

What has happened with Bill C-38 is quite astounding. This now infamous budget megabill has caused outrage from one end of the country to the other and the remarks of the hon. member for Saanich—Gulf Islands certainly mirror the concerns expressed by Canadians. Simply put, there is no common thread uniting all the elements of this massive bill. What is more, many of the elements are not even of a budgetary nature, even by the wildest stretch of the imagination. As such, Bill C-38 is not a legitimate omnibus bill.

We know that budget bills can be quite lengthy, but clearly, this government has brought the meaning of the term “omnibus” to an unprecedented level.

The Leader of the Government in the House of Commons can tell us that the bill does have a common thread—the budget—but I beg to differ. The government should not be using the budget as a catch-all to introduce everything including the kitchen sink.

For example, if we look at clause 52 of the bill, we will see that it enacts an entirely new piece of legislation called the Canadian environmental assessment act, 2012, within a single clause of a 753 clause bill. This clause only received a maximum of 15 minutes consideration at committee.

The rules and practices surrounding omnibus bills are in place for a reason. How can members of Parliament adequately study such a bill when its content is so wide ranging and disjointed. Dare I say it, perhaps that is what the members on the other side were counting on.

I must underline, in the strongest possible terms, the fact that legislation such as this makes it almost impossible to scrutinize properly. A budget bill dealing with financial measures and taxation is one thing. The hodgepodge of clauses impacting more than 60 pieces of federal legislation before us is a completely different proposition.

In conclusion, I truly hope that the government splits this bill into several parts, because the fact is that Canadians want several parts of Bill C-38 to be addressed separately. I trust that you will rule accordingly, Mr. Speaker, and I thank you for that.

June 7th, 2012 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am not quite as enthusiastic as the member for Saint-Laurent—Cartierville, but I will try.

This morning, my hon. friend, the member for Edmonton—Leduc and chair of the hard-working Standing Committee on Finance reported to this House that Bill C-38, the Jobs, Growth and Long-term Prosperity Act, has passed the committee and been recommended for adoption by the House.

I am pleased that the Standing Committee on Finance followed the lead of the House with respect to the longest debate on a budget bill in the past two decades. The committee gave this bill the longest consideration for a budget bill in at least two decades. That is in addition to the subcommittee spending additional time to consider the responsible resource development clauses.

This very important legislation, our budget implementation legislation, economic action plan 2012, will help to secure vital economic growth for Canada in the short, medium and long term. Given the fragile world economy that is around us, this bill is clearly needed, so we must move forward. Therefore, I plan to start report stage on the bill Monday at noon.

In the interim, we will consider second reading of Bill C-24 this afternoon. This bill would implement our free trade agreement with Panama, which I signed when I was international trade minister, some 755 days ago. It is now time to get that bill passed.

Tomorrow, we will consider third reading of Bill C-31, the protecting Canada's immigration system act, so the Senate will have an opportunity to review the bill before it must become law, within a few weeks' time.

Next week I plan to give priority to bills which have been reported back from committee. It goes without saying that we will debate Bill C-38, our budget implementation bill. I am given to understand that there is a lot of interest this time around in the process of report stage motion tabling, selection and grouping.

Additionally, we will finish third reading of Bill C-25, the pooled registered pension plans act, and Bill C-23, the Canada–Jordan economic growth and prosperity act.

The House will also finish third reading of Bill C-11, the copyright modernization act. The bill is a vital tool to unlock the potential of our creative and digital economy. It is time that elected parliamentarians should have their say on its passage once and for all. I would like to see that vote happen no later than Monday, June 18.

If we have time remaining, the House will also debate second reading of Bill C-24, the Panama free trade act, if more time is necessary, as well as for Bill C-7, the Senate reform act, and Bill C-15, the strengthening military justice in the defence of Canada act.

The BudgetOral Questions

June 7th, 2012 / 2:20 p.m.
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Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, I wonder if I might draw the attention of the government to Bill C-38, which is in fact the 750-clause piece of legislation that deals with the environment and in one clause changes the entire Environmental Assessment Act; it deals with old age pensions, raising the age of access to old age pensions to 67; it cuts EI dramatically, with details that are still forthcoming and we still do not know what they all are; and it deals with environment and fisheries.

I would like to ask the government: Does it not see the fairness and the logic of dividing up this bill, of giving this House the opportunity to deal with it, of giving the provinces and the premiers—

Third ReadingPooled Registered Pension Plans ActGovernment Orders

June 7th, 2012 / 11:35 a.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Madam Speaker, I am pleased today to speak to Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts.

At first glance, this measure seems to be a good one. However, it turns out to be a half measure when we take a closer look. That is exactly what was done by the House of Commons Standing Committee on Finance and even more so by the NDP in the House. This bill really has holes and problems. It has to be studied in its entirety, and we must figure out why the government has introduced this bill.

In Bill C-38 , the Conservatives attack seniors. That is clear. Just look at the provisions concerning the old age security program and the guaranteed income supplement.

The government has decided to increase the retirement age from 65 to 67 without providing any explanation. We posed questions to the Minister of Finance at the Standing Committee on Finance. The opposition was very insistent and, in the end, the government admitted that the savings would amount to $10.8 billion in 2030. The government is therefore balancing its budget at the expense of seniors and future generations, and that is a problem. We must understand where the government is coming from when we study this bill.

One of the first things that is obvious about the RPPP is that this product is very similar to an existing product, the RRSP.

In fact, RPPPs are more comparable to RRSPs—because they are administered by banks and financial institutions that will invest the money in the markets—than to a pension plan for seniors or future retirees.

On the weekend, one of my constituents told me that when he was younger, people talked about retiring at 55. They believed that if they invested as much as their advisor told them to into a retirement plan or their RRSP, they would be able to retire at 55, no problem. Today, that constituent is still working even though he is over 55 because these retirement investment products fluctuate with the market and the market has been turbulent lately. The investor's retirement income depends on the market.

What we are talking about today is exactly the same thing. It seems like the government has learned nothing from past mistakes and is doomed to repeat them. It claims it is introducing a product for the people who need it. Obviously everyone wants to have a stable and guaranteed retirement. However, this product does not offer such guarantees.

I would say it is like an RRSP because the employee is told to invest in this plan, but the employer is in no way forced to contribute to it. Therefore it is the employee who assumes all the risk. Of course, the employer might contribute, but that depends on his goodwill.

The government currently has tools such as the Canada pension plan and, in Quebec, the Quebec pension plan. These are solid plans.

No one across the way can deny that the Canada pension plan works, that it is well run and ensures a good retirement for those who are lucky enough to benefit from it: workers, self-employed workers, and people in the public and private sectors.

This plan exists and that is why we are saying that instead of creating a product that is similar to RRSPs or TFSAs, which we already have, the government should be investing in a plan that works. According to witnesses at the Standing Committee on Finance, the cost-benefit ratio for taxpayers is very high. It costs less to administer the CPP than to create a new product.

One problem is that this product is administered by financial institutions that want to generate profits. We know this; it is normal. At whose expense are these financial institutions going to make their profits? At the expense of those who have invested in this product. In this case, there is no guarantee. We talked about the fact that regulations might be brought in to ensure that the fees are not too high. However, there can be no guarantee that those fees will not go up over time. And when those fees go up, who loses? Who will have less money in the end? The people who paid in will lose. In this case, it will mainly be employees.

Rather than helping employees and people who are going to retire, the government is helping financial institutions, which, clearly, are already at an advantage thanks to the choices this government has made with previous budgets and the most recent budget. All the government is doing is continuing to reduce their tax rate so they can generate more profits. However, those profits do not go back to the common people. They do not go to those who want to retire with dignity and prepare for their future. Once again, clearly, this government does not have the best interests of seniors at heart.

My colleague from Thunder Bay—Rainy River introduced a bill to protect pension plans in case of bankruptcy. During the last election campaign, I met people. One person came to see me to say that we had come up with a very good idea, something that would protect them. He had spent a good part of his life working for Nortel, investing, working hard and keeping the economy going. Money was invested in his pension for the future. He was promised that he would be protected when he retired. We all know what happened in the end. Nortel went bankrupt. Because pensions were not protected, he is now living in misery. That is what he told me. This man's plight touched me deeply. He had tears in his eyes when he said that he had worked, he had invested, he had done everything he was expected to do, and yet the government failed to protect him.

What I find so difficult to understand is why the government does not really want to protect seniors, the people who truly helped build this country, who worked very hard. Thanks to these people, Canada has made progress in terms of the economy and quality of life. The government should be thanking them and telling them that they have worked hard, but what is it doing instead? It is giving them the cold shoulder. Not only that, but it is also attacking them. They worked hard and set money aside, but the government does not even want to protect them. What a shame to see that kind of attitude from the government.

As I said, that is what we are seeing in the budget, in Bill C-38. All of that and various changes have resulted in a record gap between rich and poor. That gap has been growing steadily since the Second World War. Of course, former Liberal governments have to take some of the blame, but so does the Conservative government.

The Conservative government is aware of the situation. The Conference Board of Canada and the OECD are saying it. The facts are there. The gap between the rich and poor is growing wider and wider, particularly in Canada, where it is growing more rapidly than in the United States. Imagine that. The United States has always seemed to be the prime example when it comes to this gap. Of the industrialized countries, Canada has surpassed the United States and other countries in how fast this gap is widening. It is because of measures like the budget and this bill that we are seeing these differences. Why? It is because the government is not helping those who need it most.

When we talk about old age security and the guaranteed income supplement, we are talking about people— seniors who are living on the edge of poverty. This government's solution is to tell them to work two years longer—to increase the age of retirement from 65 to 67—and that things might be better for them later. This is a completely ideological way of doing things. As the OECD said, there is no problem; this is purely a government decision.

June 7th, 2012 / 10:40 a.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Thank you.

Thank you to my colleagues.

I want to touch on some things briefly. I'm fascinated. When I was going to university I spent some time at Great Bear Lake as a fishing guide, so I spent some time in the Territories. I was in Coppermine, but at that point it was still the Northwest Territories; it wasn't Nunavut then. I haven't been to the Yukon yet, but I'm hoping to fix that this summer.

I truly hope that as a committee we can have a serious discussion about visiting some of these communities, because I find northern Canada to be absolutely stunning and beautiful. The best part about it, of course, is the people who live there.

Mr. Jenkins, I think you have a unique opportunity to tell us about the difference. Right now we're going through our budget bill, Bill C-38, which is going to harmonize and find the most common sense path so that we don't have duplication and get bogged down. We're putting in some definitive timelines when it comes to the government's responsibilities in permitting and the environmental assessment process.

You talked about YESAA. I want you to have an opportunity to reiterate, even though some shortcomings have been identified. How much of a benefit was it to go to that one review, that simplified, streamlined process? Have you seen any indication that there has been any degradation of the environment, or that any environmental considerations have been put at risk because of that harmonized regulatory and legislative approach?

FinanceCommittees of the HouseRoutine Proceedings

June 7th, 2012 / 10:05 a.m.
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Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I have the honour to present, in both official languages, the ninth report of the Standing Committee on Finance, regarding its study of the subcommittee's report on Bill C-38.

Pursuant to Standing Order 109 of the House of Commons, the committee requests the government table a comprehensive response to this report.

I also have the honour to present, in both official languages, the 10th report of the Standing Committee on Finance in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

The committee has studied the bill and has decided to report it to the House without amendment.

June 6th, 2012 / 4:10 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

We have learned through the Budget Implementation Act, Bill C-38, and also through near-daily announcements, that a huge number of federal scientists will be fired in the coming weeks and months. One of your mandates is to protect the fish habitat. You have signed several bilateral agreements. For example, the Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem specifically addresses habitat protection. I am wondering if Fisheries and Oceans Canada's mandate will change because the Fisheries Act will have been transformed to the point where it will not be possible anymore to protect fish habitat. We will not have the scientists to do the inventory, if you like, of fish stocks. Some stocks may collapse if their habitat is not protected.

If we do not have this protection, if we do not have the scientists, and if we do not have the mandate to protect fish habitat anymore, how will that change the mandate of your commission? How are you going to change the way you operate, if this information, this data, or the scientists, are not there anymore, if Fisheries and Oceans has lost its mandate?

The BudgetPetitionsRoutine Proceedings

June 6th, 2012 / 3:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the second petition is from residents from many parts of Canada: from my riding, Pender Island, Mayne Island, Saanichton and Sidney, as well as from High River, Alberta; Sooke, B.C.; Kitchener, Ontario; Uxbridge, Ontario; Gabriola, B.C.; Saint John, New Brunswick; and Waterloo, London, Haliburton and Minden, Ontario.

These petitioners cite the numerous ways in which Bill C-38 is not properly an omnibus budget bill. They call on the Government of Canada to withdraw Bill C-38 and remove the sections that are not properly part of a budget bill and resubmit them to the House.

The BudgetOral Questions

June 6th, 2012 / 3 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, for weeks, Canadians have been speaking out against Bill C-38. Recently, the Federation of Canadian Municipalities passed a motion requesting that the government remove sections of Bill C-38 which gut environmental protection, including changes to the Fisheries Act. Municipalities want these changes sent to the relevant standing committee for thorough review and debate.

Is the government really so ignorant that it cannot find any way to protect farmers without gutting the Fisheries Act?

Bill C-38Statements by Members

June 6th, 2012 / 2:05 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, the current Conservative budget, Bill C-38, not only goes far beyond simple changes to tax and monetary measures but, due to the non-monetary parts of Bill C-38, it takes away the ability of MPs to effectively do the due diligence required by the institution of Parliament to ensure and protect the rights of Canadians.

Bill C-38 has dozens of changes in policy areas, including the environment, natural resources and human resources, which demands that these changes be reviewed by the other committees of Parliament responsible for these files.

The would bill repeal the Canadian Environmental Assessment Act. It would change the Fisheries Act. It would scrap the Office of the Inspector General at the Canadian Security Intelligence Service. In the shadowy world of CSIS, independent oversight is essential. It would remove the oversight of the Auditor General from a dozen government agency. Was that because the Auditor General released less than flattering reports on the government's record on fiscal mismanagement?

The bill should have been called the eliminating transparency and settling old scores act.

June 5th, 2012 / 11:25 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

When we listen to this short title, when you hear “jobs, growth, long-term prosperity”, on the face of that we would all just sit here and say if this were real, if this delivered, it would be good. But there are huge, huge questions about this. You've heard them from this side repeatedly, on how Bill C-38 goes well beyond tax and monetary measures. It makes major changes in dozens of policy areas, including the environment, natural resources, human resources. These shouldn't have been resident in a finance committee.

We've been clear. We should not have been asked to vote on legislation that grants cabinet the power to make far-reaching regulatory changes like the ones we've seen included in this bill. It is 400 pages. We've had the discussion back and forth that yes, there have been larger bills, but not as comprehensive as this one.

I want everybody who happens to be watching—and at this time I'm sure we have thousands of people watching—

June 5th, 2012 / 9:40 p.m.
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Conservative

The Chair Conservative James Rajotte

Thank you, Ms. Nash.

I have a ruling with respect to NDP-47.

Bill C-38 amends the Employment Insurance Act by replacing subsections 27(2) and 27(3) with a modified subsection 27(2), which defines employment that arises as a result of a labour dispute as not being suitable. The amendment attempts to leave intact the original subsection 27(2) but replace subsection 27(3) with a provision stipulating a set of factors upon which workers are not to be discriminated against.

As House of Commons Procedure and Practice, second edition, states on page 766, “An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.” In the opinion of the chair, therefore, the introduction of this list of factors is a new concept to clause 605 that is beyond the scope of Bill C-38 and is therefore inadmissible.

That deals with the amendment. I will therefore call clause 605.

(Clause 605 agreed to on division)

(Clauses 606 to 619 inclusive agreed to on division)

Thank you.

I thank our officials for being here.

I'm actually going to take another health break, unless, Ms. Nash, you want to take the chair for 10 minutes...?

June 5th, 2012 / 8:30 p.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Thank you, Mr. Chair.

Division 40 provides for the elimination of the National Round Table on the Environment and the Economy and the repeal of its founding legislation.

We must not forget that the round table plays the role of catalyst in defining, interpreting and promoting sustainable development principles and practice. One of the round table's roles is to conduct research and gather data from analyses on key issues related to sustainable development. Another one of its roles is to provide governments with advice on how to integrate environmental and economic considerations into their decision-making process.

The objective of the round table is truly to maintain a balance among the economy, development and the environment. In this case, we are all perfectly aware of the government's position. Legislation is being appealed and the National Round Table on the Environment and the Economy is being eliminated. This is a direct attack. In practice, they are saying that it is not important to obtain data or advice, or to determine what the environmental impacts are. They are opting for more ideological processes.

That is why the NDP is introducing an opposition motion in the House today. We are doing this specifically to stop the Conservatives from muzzling scientists and researchers. By setting aside all scientific analyses, the government is making more ideological decisions, often directed by lobbies. I think this is really appalling. There is not much more I can say about this, except that the government's decision in this matter is clearly unacceptable.

We have heard officials—even from the other side—say that they would hold discussions with environmental groups and listen to what they had to say about this. In order words, they would look for information elsewhere. However, we can see now that the Minister of the Environment is accusing environmental groups of money laundering and calling them radicals. Yesterday, a number of environmental groups and human rights organizations, along with thousands of individuals, gathered for a boycott. They wanted to show that, with Bill C-38, the government was going too far and taking away environmental groups' freedom of expression. We see that the same issue comes up in other parts of the budget, including those that concern charity organizations.

So we will vote against that part.

June 5th, 2012 / 8 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Thank you very much.

This is a subject that greatly interests me. I asked the witnesses who made presentations a number of questions about it. I was also very interested in what was happening at Rights and Democracy and the saga that was going on there for a number of months, if not more than a year. The organization had earned its spurs, had established its credibility on the international scene in the geopolitical reality of 1988. That geopolitical reality has evolved, of course, but the organization has always managed to adapt.

There were a number of people in charge. I know that, in the House today, Ms. Laverdière mentioned Jean-Louis Roy, who was one of the organization's CEOs. I had the opportunity to meet him and have discussions with him. He confirmed that the organization continued to have a very good reputation until the arrival of a new board of directors, made up of people parachuted in by the federal government. That is when the problems started.

One of the witnesses, the chair of the board, said that the organization was badly run. When I asked him about that allegation, I reminded him that board members had asked Deloitte & Touche to do a management audit of the organization from 2005 to 2009. That was the period during which the management provided by Mr. Beauregard and the staff of Rights and Democracy was alleged to have been bad. I told him that the report cost a little under $1 million, as I understand it, an amount that represented the entirety of the consultations that the board of directors undertook.

The board of directors sat on the report for more than five months. The witness tried to convince me, with no success, that the report was devastating for Mr. Beauregard's administration. If you read the report, you see that there was no evidence of poor administration in the organization. Anyone who has read the report, as I have, can see that clearly. Mr. Brown's arguments have done nothing to convince me of the opposite. I also recommend that the people watching us on television and who want to know more about this read the excellent series of articles that Paul Wells wrote for Maclean's magazine at the time. They provide a very good history and chronology of the situation.

It was after 2009, that is, after the appointment of the board members, that the problems really started and that Rights and Democracy began to skid out of control. Some staff members left and Mr. Beauregard worked passionately and energetically to defend the organization for which he worked. But, at the end of the day, Rights and Democracy, a credible, worthy organization that represented Canada well on the international scene, gradually became nothing more than an empty shell.

Division 33 of Bill C-38 does away with the organization. I do not have to tell you that I find this to be regrettable in the extreme. We will remember Rights and Democracy as an organization that, for a very long time, had succeeded in projecting a very respectable image of Canada as a country that makes attempts at conciliation on the world stage. That image is gradually fading away. As a consequence, we are going to make a final gesture in this committee by voting against the proposed changes to division 33 that will eliminate Rights and Democracy for ever.

Governor GeneralPrivate Members' Business

June 5th, 2012 / 6:25 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, on the Royal Internet site about the Queen, it says:

As a constitutional monarch, The Queen abides by the decisions of the Canadian Government, but she continues to play important ceremonial and symbolic roles.

As for the Governor General's role, it is primarily representative. He represents both the Queen in Canada and Canadians abroad. If we define the Queen's role as symbolic and historical, the same is true for the Governor General.

Indeed, the Canadian political system is both a parliamentary democracy and a constitutional monarchy. The powers of the Queen, and therefore of the Governor General, are thus limited not by tradition, but by the Constitution. Canada is a sovereign nation.

In short, regardless of our opinion on the issue, the Canadian monarchy bears first and foremost the mantle of this nation’s traditions and history, rather than that of real executive powers. If we go back to the distant past—well, not so distant, in fact—when Canada was but a vulgar Dominion, it is understandable that it was inconceivable at the time to tax the Queen or her representatives. Not being sovereign, Canada could not have made this decision.

Members will agree that things have changed and that the government will not cause a diplomatic chill between the United Kingdom and Canada by taxing the Governor General's salary. I do not think that the Prime Minister has been threatened in any way by London after having revealed his intention to determine the Governor General's salary in Bill C-38. Moreover, since 1993, the Queen herself has consented, quite voluntarily, to pay taxes.

The Prime Minister, especially since achieving his majority in the House, seems to have taken his admiration for royalty up a notch. Without putting words in his mouth, I believe that the Conservative party is afraid to be perceived as lacking respect for tradition and the institutions that forged this country. The monarchy will always be part of our history, whether we like it or not, but nothing is forcing us to perpetuate illogical and archaic traditions. In fact, I do not think that the transition to a sovereign nation could have been more respectful and peaceful, despite everything, than it actually was.

Basically, the Queen's representative is being asked to participate in this transition and to follow the example of the Queen, who has made a choice and is participating in a more equitable and fairer society by paying taxes. No one is above the law in this country. In any case, nobody should be. Behind the image of the welfare state and assistance and the development of a more egalitarian society, there is the law. No one is beyond its reach, and the Governor General should not be either. The Prime Minister has finally given in.

The New Democratic Party, like all progressive forces in Canada, believes in a fairer and more egalitarian society in which everyone can do their share. Without wishing to upset anyone, I believe that this government has already shown a great deal of respect by perpetuating the very existence of the position, which is also remunerated.

It must not be forgotten that of the 54 Commonwealth countries, only 16 continue to acknowledge the monarch as the head of state. Their citizens should not have to bear even the slightest additional burden to allow the head of state to shirk her or his civic duty with impunity. Yes, I consider that a shirking of responsibility. I come from a union background and know it well. As a political party that supports workers, the NDP will never come out against people fighting for and succeeding in obtaining better working conditions.

But in a context in which everyone needs to tighten their belt and where for many, there is not much left of the belt to tighten, altering the Governor General's salary so that there is no net impact as a result of paying taxes shows a lack of respect for all workers and unemployed people who are victims of this budget's austerity measures.

If this government were to increase personal income tax one day, would the Treasury Board increase the salaries of public servants so that they would not have to bear the burden of the increase? Of course not. Similarly, it would not exempt them from an income tax increase if a salary increase meant they would have to pay more taxes. This would be illogical and run counter to the very principle of taxation.

But in particular, it runs counter to the principle of equity, which requires those who are better off to pay a little more to enable everyone to have access to public services. Why should the Governor General be entitled to more favourable treatment at a time when this government is planning to dismiss 19,000 people and penalize I don't know how many thousands of others through its employment insurance, pension plan and old age security measures?

The concept of equity is very important because it underpins the fundamental principle of every progressive society, in which those whose level of economic well-being is identical are treated identically under the taxation system.

Similarly, of course, those who are at different levels economically will not be treated identically from the taxation standpoint. Taxation is the principal way in which governments can collect income and redistribute it. From this standpoint, it remains the strategic key to achieving equity in Canada and in many other progressive democratic countries.

So the New Democratic Party is not criticizing the salary increase as such, but rather the fact that the measures proposed in Bill C-38, the budget implementation bill, do not observe the principle of equity to which all other citizens are subject.

And now, I would like to conclude by speaking about the impact of Bill C-38, which we are currently considering, and which I have currently been studying as a member of the Standing Committee on Finance. In connection with this, the specific provision concerning the Governor General’s salary does raise a problem.

We tried to propose a significant amendment that would fix the Governor General's salary at a certain level. The amendment in the government bill to the provision dealing with the Governor General's salary actually brings his salary up, presumably so as to keep it at the same level. We do not agree with the arguments that the Governor General's salary is not going to go up with this bill. Actually, if we quickly do the math, we can anticipate seeing a real increase in the Governor General's salary. Moreover, there are currently other provisions that favour the Governor General. He is exempted from paying sales tax, the harmonized tax in most provinces across the country. Currently, the Governor General, who should really be a citizen like everyone else, who holds an honorary position, who represents the Queen in our constitutional monarchy and democracy, receives special treatment compared to everyone else, treatment that even the Queen does not get in the United Kingdom.

We feel that, if we have to deal with this issue, we should not do so under the radar, allowing the Governor General to get more favours than he used to have. We have to set conditions that will make it possible to go back to the way the position and salary were before.

That is why we introduced an amendment fixing the Governor General's salary at exactly what he earned previously. Our amendment was defeated.

In this sense, we are currently following the example of Australia and New Zealand in taxing the Governor General's income, but granting him an increase relative to what he presently earns. Of course, we must also consider the fact that the Governor General will also have sources of income that are not generally considered part of the salary. It may be investment income, accommodation allowances and so on. That must be taken into consideration.

However, the position, as important as it may be in a constitutional monarchy and parliamentary democracy like ours, remains an honorary one. We have a good example of that, I feel, with the famous episode in 2008 when we went through what some might consider a political crisis in this country. The Governor General at the time received advice that she could have opposed the government's attempt at prorogation. But she chose not to do so, simply because her position is recognized first and foremost as honorary, with no executive power attached to it at all.

In that sense, I think that the Governor General's salary prior to the amendment proposed in Bill C-38 was quite appropriate given his responsibilities. His position is honorific and comes with many benefits, including the respect that other countries and our international partners pay when he travels as the country's representative, which is a reward in itself.

The government's proposal in Bill C-38 seems out of step with reality. Bill C-38 does not provide for a specific salary, but offers the Governor General a salary which will determine his or her income tax rate. This will give him pay raises that we consider unacceptable given that thousands of workers are being told to tighten their belts, and the federal government has announced plans to fire or lay off over 19,000 people across the country. Many organizations have suggested that number could be as high as 30,000.

In that sense, we understand the motion that was put forward and we support the spirit of the motion. We would have liked to see the government get on board with the proposed amendment to Bill C-38, but that did not happen.

June 5th, 2012 / 6:20 p.m.
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Conservative

The Chair Conservative James Rajotte

Thank you, Ms. Nash.

I have a ruling on NDP-44.

Bill C-38 amends the Federal-Provincial Fiscal Arrangements Act to provide for the Canada health transfer growing at 6% for 2014-15, 2015-16, and 2017 and then growing in line with the equalization-sustainable growth track, which is based on a three-year moving average of nominal gross domestic product growth, starting in 2017-18.

The amendment seeks to amend the bill so that after March 31, 2014, the transfer formula will be “negotiated between the federal government and the government of each province and territory, in meetings that must begin within 90 days after this act receives royal assent”.

House of Commons Procedure and Practice, Second Edition, states at pages 767-768:

Since an amendment may not infringe upon the financial initiative of the crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.

In the opinion of the chair, therefore, the amendment proposes a new scheme that seeks to alter the terms and conditions of the royal recommendation. Therefore, I rule the amendment inadmissible.

(Clause 393 agreed to on division)

(Clauses 394 to 410 inclusive agreed to on division)

We have the next amendment, which proposes a new clause. This is amendment Liberal-6, and I ask Mr. Brison to move it.

June 5th, 2012 / 5 p.m.
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Conservative

The Chair Conservative James Rajotte

You are moving NDP-43. Okay.

The chair has a ruling, as assisted by our wonderful legislative clerks.

Bill C-38 amends the Department of Human Resources and Skills Development Act by creating a new social security tribunal. The tribunal will hear appeals of decisions made under the Employment Insurance Act, the Canada Pension Plan, and the Old Age Security Act. Tribunal members are selected by means of Governor in Council appointments.

The amendment attempts to specify that where an appeal involves a disability benefit, the member of the tribunal must be a person who is qualified to practise medicine or a prescribed related profession in a province.

House of Commons Procedure and Practice, second edition, states, on page 766, and I quote:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

Therefore, in the opinion of the chair, the introduction of the criteria of medical competency with regard to tribunal members is a new concept that is beyond the scope of Bill C-38 and is therefore inadmissible.

That deals with NDP-43.

(Clause 224 agreed to on division)

(Clauses 225 to 281 inclusive agreed to on division)

I want to thank our officials for being here for that division.

We will then move to division 7, which deals with clauses 282 to 303, consolidation of privacy codes. I have no amendments for this division.

Does anyone wish to speak to this division?

(Clauses 287 to 303 inclusive agreed to)

We'll then move to division 8, dealing with social insurance number cards.

These are clauses 304 to 314, and we'll start with Ms. Nash, please.

June 5th, 2012 / 4:55 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

I would quickly like to talk about two items. First, let me reiterate the importance of studying this amendment in greater depth, since it is related to Bill C-38 and since there are a great deal of negative effects or aspects that we will not be able to study in depth, including regional realities and local services.

I understand that the intent is to use videoconference and to be able to contact people from afar. There are currently 900 part-time employees who work at the employment insurance boards of referees. There are likely 300 boards of referees, given that there are three employees per board of referees. Let's say that we are now going to have 39 full-time employees. The City of Quebec would offer the service closest to Rimouski, for example, or to the Gaspé, Sept-Îles, or other cities in eastern Quebec. If the services are negotiated or provided out of Quebec City, people won't know if they are dealing with someone who understands the regional realities of a region other than Quebec. Those local services that were provided in all the boards of referees are going to disappear. We think that is a very problematic aspect that should have been looked at in depth.

There is another aspect. We have learned this during our work on the Standing Committee on Finance. This has to do with the difference between meeting with witnesses face to face or through videoconference. I am sorry, but as a member of Parliament, I have seen a big difference between asking questions when the witnesses were in Saskatoon, Toronto, Vancouver or Alaska, and when they were here, on site. The quality of the exchanges we had with people right before us was so much better. Actually, the responses were much more effective, animated and engaging than any of the other responses. And that is not a reflection on their work or their comments, but simply on the medium itself that cannot effectively render the desired message.

Heading in this direction will have an impact on people's lives. A decision like this can potentially alter the quality of their lives significantly. We cannot take this decision lightly. People can appeal a decision before a tribunal or a board of referees.

That is why I deeply regret that this division, not announced and not proposed during the prebudget consultations, as my colleague mentioned, is now included with the 56 divisions in part 4 of this bill. This is very problematic, and let me reiterate my wish to study this division separately, because it deserves to be studied thoroughly and independently, and we will not be able to do so here.

Opposition Motion—Scientific and social science expertiseBUSINESS OF SUPPLYGovernment Orders

June 5th, 2012 / 4:30 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, I will be splitting my time with the hon. member for St. Paul's.

Two days ago I had the privilege of giving a keynote address at the world congress for the Society for Brain Mapping and Therapeutics. As a former scientist, I was thrilled to hear about cutting-edge research regarding new technologies for imaging the brain, and the promise of stem cells and personalized medicine. I was pleased to share my work advocating for 2014 to be the Year of the Brain, and for a national brain strategy.

Science should be a driving force for public policy—for example in determining whether or not to put in place a national dementia strategy—and should always be impartial. By the way, the science is overwhelming that Canadians need to address this public health priority of dementia, which is a ticking time bomb.

Since the Conservatives came to power in 2006, there has, however, been a gradual tightening of media protocols for federal scientists. Researchers who once would have responded freely and promptly to journalists are now required to direct enquiries to a media relations office, which demands written questions in advance and still might not permit scientists to speak. Federal scientists are under growing surveillance and control. Numerous studies have shown a pattern of suppression, manipulation and a distortion of federal science. Officials have limited public access to scientific information.

Canadian journalists have documented numerous cases in which prominent researchers have been prevented from discussing published, peer-reviewed articles. For example, there is a Canadian government scientist whose work in the prestigious journal Science suggested that an unexplained virus was resulting in a higher death rate for some salmon. The Department of Fisheries and Oceans declined to make her available to the media for over 15 months.

An Environment Canada team concluded that a 2°C increase in global temperatures may be unavoidable by 2100. That is associated with dangerous climate change. Environment Canada's media office granted no interviews.

A Natural Resources Canada scientist could not talk about research into a flood in northern Canada 13,000 years ago without pre-approval from political staff in the office of the natural resources minister.

An Environment Canada scientist's research showed an unprecedented loss of ozone over the Arctic, a 2 million km2 ozone hole. He was interviewed three weeks later, saying, “I'm available when media relations says I'm available.”

I can attest not only to the muzzling but also to the fear of scientists. I used to consult for Environment Canada, and I have numerous friends who are scientists across Canada and the United States. Because of fear of retribution if they speak out, Canadian scientists often ask me to speak to American colleagues, who can freely comment on what is happening in Canada.

I had one friend who was so concerned that he or she wrote to me from the spouse's email account to my old university email account, and then explained that he or she would call on the spouse's cell phone from a busy mall so that the call could not be traced.

Surely everyone in this House should be outraged by the climate in which our scientists are being forced to perform. Surely everyone should be outraged by the quashing of dissenting opinions, by the war on democracy, environment and science.

Nature magazine, one of the world's leading journals, recently reported that policy directives confirm the government's little understanding of the importance of the free flow of scientific knowledge. The journal reported that, “rather than address the matter, the Canadian government seems inclined to stick with its restrictive course and ride out all objections”.

The government's untenable position is coming under increasing pressure as a result of the scientific integrity policies taking shape in the United States. As environment critic for our party, I have repeatedly called on the government to recognize that Environment Canada's ability to protect environmental and human health depends on scientific excellence and integrity, and should therefore ensure that a scientific integrity policy is developed to foster the highest degree of accountability, integrity and transparency in conducting, utilizing and communicating science within and outside Environment Canada, and to protect the department's scientific findings from being altered, distorted or suppressed.

Recently, a symposium called “Unmuzzling Government Scientists: How to Re-open the Debate” was held at the meeting of the American Association for the Advancement of Science in Vancouver. The Conservative government's media policies were centre stage in the international spotlight. According to Nature, “The way forward is clear: it is time for the Canadian government to set its scientists free”. We used to be praised internationally for our openness and now we are seen “as a pariah”.

During the symposium, journalist Margaret Munro said that during much of her career it was easy to reach federal scientists to talk about their published research, but in recent years that had changed dramatically. Now the government is taking control to quite incredible extremes. Munro said that federal scientists faced many layers of approval before they could speak to the media, even going all the way up to the Privy Council Office. Approved interviews are often taped. Sometimes when the timelines are too tight, journalists receive written lines approved by the government. Munro discovered that it was the result of a new governmental policy that said a single department should speak with one voice. However, as she rightly points out, science depends on debate and discussion. If there is only one voice, where is the scientific questioning, where is the debate?

Acclaimed climatologist, Professor Andrew Weaver, said that most scientists were frustrated with the policies and their inability to speak about their research, some so much so that they were looking for jobs outside the government.

Professor Thomas Pedersen, a senior scientist at the University of Victoria, said that he believed there was a political motive in some cases. For example, he thought that the federal government would prefer that its scientists did not discuss research that pointed out just how serious the climate change challenge was.

Yesterday was Black Out Speak Out, and Liberals stood in solidarity with organizations across the country, organizations that are committed to showing the Conservative government's consistent assault on democracy and the environment. Many of the 500 organizations that joined Black Out Speak Out joined because Canada's environment was being threatened by the government, destroying 50 years of safeguards through Bill C-38 and the 2012 economic action plan.

The Conservatives are severely cutting the budget for Environment Canada, gutting environmental legislation, cancelling the National Round Table on the Environment and the Economy, silencing dissent from environmental non-governmental organizations, continuing to muzzle government scientists and, in so doing, impacting our economy today and in the future.

Anyone who disagrees with the Prime Minister is told to sit down and shut up. All Canadians should ask who next will be under attack for voicing their opposition. Silence is not an option. It is time to stand up and speak up for democracy, the environment, science and Canada.

Shockingly, the environment minister says that concerns about the muzzling of scientists are being driven by a small number of impatient Canadian journalists. Specifically, he has stated:

There is an element in all of this controversy, second-hand information and criticism from the scientific community abroad responding to a few, a very small number of Canadian journalists who believe they're the centres of their respective universes and deserve access to our scientists on their timeline and to their deadlines, and it simply doesn't work that way.

The environment minister should stand up for science, for scientists, for unmuzzling researchers and for ensuring a scientific integrity policy so Canadians can receive the best science, cutting-edge science to ensure evidence-based decision making.

June 5th, 2012 / 4:30 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

We find division 6 of part 4, clauses 223 to 281, problematic for a number of reasons.

There are currently four tribunals or boards of referees that respectively deal with employment insurance, old age security and the Canada pension plan, and the fourth is an appeal tribunal. Those four tribunals will be replaced by one mega-tribunal, the Social Security Tribunal. That is problematic in a number of ways. Let us note that, last year, there were more than 27,000 appeals for employment insurance and some 4,500 appeals for the Canada pension plan and old age security. So that's over 31,000 appeals overall.

Right now, 1,000 part-time members are on these various tribunals, 900 of which deal with employment insurance. In addition, there is already a backlog of 80,000 employment insurance claims in Quebec alone. And it does not seem to be going down, on the contrary. The current administrative challenges suggest that those tribunals will be in demand.

It is important to know that three people are currently on the employment insurance tribunals or boards of referees: one person appointed by management, one by the union and one by the government. Of all the tribunals or boards of referees that are being eliminated, I am most familiar with those dealing with employment insurance. The proximity of these tribunals is very important. For example, there is a tribunal in Rimouski that handles cases from across the Lower St. Lawrence region. People can come from La Mitis, Haute-Gaspésie, western Lower St. Lawrence region, including Témiscouata or Les Basques, and they will find a tribunal that understands their concerns and realities.

There is a lot of discussion about the reform recently introduced by the Minister of Human Resources and Skills Development, which we also find problematic. This reform will largely affect seasonal workers. The tribunals or boards of referees in areas like the Lower St. Lawrence region fully understand that reality. If we eliminate the structure of boards of referees or that of the tribunals for old age security and the Canada pension plan—which obviously does not affect Quebec as much—we run the risk of undermining the full understanding of regional realities, which these boards of referees could claim to have.

There will be a shift from 1,000 part-time members who sit on tribunals or boards of referees two or three times a week to only 74 full-time members. They will work full time, but their roles will be divided as of now, if we pass this amendment. They will have to decide on files dealing with employment insurance, old age security and the Canada pension plan, all at once. We will have full-time members, but they will not necessarily be able to absorb all the ramifications that are specific to the various issues handled by those tribunals.

I have talked to people, some of whom work in the administration of employment insurance, some on the union side and some on the management side, and they have some major concerns about that. Division 6, which has to do with the Social Security Tribunal, probably demonstrates best why this bill is problematic in its scope. We are talking about a major change, a major reform to a structure that has been around for decades, and we have barely had the time to address it, given that there are 753 clauses to go over. Some people have presented their technical expertise for about 10 to 15 minutes and they answered our questions about the technical aspects. But, since our time for the witnesses was limited, we were not able to get to the bottom of things.

As I said, that is a major reform of something crucial to the way social programs are run in this country. This issue should have been referred for further study to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. We are going to talk about it for a few minutes and that will be it. This will be passed with the entire Bill C-38, based on a single yes or no vote.

We honestly cannot vote in favour of those 58 clauses or so that have been presented to us, simply because we don't have any reliable indication of their potential impact. We have had very little data about how effective a tribunal like that can be, and how it would adequately address issues such as regional diversity, which are key to the success of programs, and of the tribunals and boards of referees that will deal with those issues. As a result, we would not be able to support an amendment like that in any way whatsoever. But we are still going to try to amend it so as to improve this bill, hoping that our friends in the government will give our amendment due consideration.

Unfortunately, I only have the English text.

I move that Bill C-38, in clause 224, be amended by adding after line 43 on page 201 the following....

I'll wait until after.

Opposition Motion—Scientific and social science expertiseBUSINESS OF SUPPLYGovernment Orders

June 5th, 2012 / 4:15 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Madam Speaker, in response to the “Black Out Speak Out” national campaign that denounces Bill C-38, and in support of which members wore black buttons yesterday, the Minister of Natural Resources said, “We want people to know the facts, not the distorted or exaggerated version.”

Frankly, this is an insult to our intelligence. The last thing this government wants is for people to know the facts. It would seem that they do not even want to know the facts themselves.

In my view, the Conservative government period will be the age of scientific darkness. The government is making cuts to science. Over the past year, 12 research organizations and programs have been eliminated in a number of areas: Statistics Canada, Citizenship and Immigration, Human Resources and Skills Development, Industry Canada, Public Safety Canada, Environment Canada, Fisheries and Oceans Canada, to name a few.

Fisheries and Oceans Canada is one of the hardest hit departments. Does the Prime Minister know that oceans are not just for warships? There are actually many coastal communities that rely on the sustainability of oceans.

The government cannot ignore it, but it does not seem to be bothered about it. In fact, it is so indifferent to it that it is making reckless cuts to Fisheries and Oceans, slashing $80 million, including a number of layoffs in research and science-related areas.

It is ending the Experimental Lakes Area program in northern Ontario, it is eliminating the aboriginal inland habitat program, and it is cutting the funding for aquaculture sciences activities. Furthermore, it is eliminating the ocean population monitoring program at Fisheries and Oceans, which means, for this program alone, the abolition of 75 scientist positions.

We know that these cuts drastically reduce our ability to resolve marine pollution issues, such as the problems associated with municipal sewer systems, contaminated sites, the impact of pesticides on salmon and the effect of PCBs on killer whales.

I would like to stress what a Conservative member said just a few minutes ago, which was that the Conservatives were here to support and help the municipalities.

With all the cuts announced by the Conservatives over the past few weeks, the municipalities in the Gaspé and Magdalen Islands region will not be able to pick up the slack and continue the scientific programs abolished by the Conservatives. The people in remote areas will not be able to take over.

In the Conservatives’ view, which private sector organization would in fact be able to take over the scientific programs in the Gulf of St. Lawrence?

Furthermore, five research centres will be axed: the Freshwater Institute in Winnipeg, which works in cooperation with the Experimental Lakes Area in Ontario; the Bedford Institute of Oceanography in Dartmouth, Nova Scotia; the Institute of Ocean Sciences in Sidney, British Columbia; the Gulf Fisheries Centre in Moncton; and the Maurice Lamontagne Institute in Mont-Joli, in the Gaspé, in my riding.

The Maurice Lamontagne Institute is a centre of excellence in cutting-edge research in a number of scientific areas. The facility specializes in research and innovation in science. The institute also generates more than 400 jobs in a region where jobs are precious. These are well-paid jobs. The loss of 400 jobs means that 400 families will no longer be able to support themselves and that 400 families will soon be moving to another area, probably one of the larger cities.

Endangering or cutting 400 jobs in the Gaspé and the Magdalen Islands will hit these people hard.

The Conservatives are making fools of themselves claiming that they are creating jobs, when they are actually cutting jobs in areas where employment is badly needed.

Clearly, they do not care about those jobs. We know their strategy. They say that all of those people can go work for less pay thanks to their employment insurance reforms. Maybe they can get McJobs or commute far from home, at least 100 km or maybe even to remote locations in Alberta. This reminds me of the bad old days when people were shipped off to work camps.

The Conservatives' disdain for coastal communities is blatantly obvious. They are planning to change fleet separation and owner-operator policies in the fisheries sector. These policies protect the culture of coastal communities that depend on fishing. The Conservatives' decision to eliminate fish habitat protection from the Fisheries Act proves that they do not care about the sustainability of fish stocks. We have to protect the whole ecosystem if we want to protect populations of fish that depend on other species for their survival. If the government eliminates the fleet separation policy, huge processing ships will move in, which could easily result in the same problems that we experienced in the 1990s, when fish stocks declined dramatically. We must not let that happen again. That is why we need science.

The Conservatives would know this if they listened to scientists. They are putting the lives of sailors and recreational boaters in danger by closing the search and rescue centres in Quebec City and in Newfoundland and Labrador. With their changes to employment insurance, the Conservatives are attacking coastal communities whose economic activities are mainly seasonal.

Canadians deserve better than a government that has no long-term vision. They deserve better than a government that makes decisions based on ideology. They deserve better than a government that tries to hide information from them. The culture of secrecy is so pervasive among the Conservatives that the government is muzzling scientists.

To name just a few, consider the following examples: Dr. David Tarasick, a scientist at Environment Canada; Kristi Miller, a scientist at Fisheries and Oceans; and Scott Dallimore, a geoscientist at Natural Resources. They were all muzzled by this government. The Conservatives prohibited them from talking to the media about their research—research, I would point out, that is paid for by us, the taxpayers.

The research conducted by these scientists on climate change or on declining fish stocks is crucial to sound management in Canada. To slash funding for science means slashing the information needed to govern properly. How can the Conservatives claim to believe in science or to base their decisions on science if they cut funding for scientific research?

The Conservatives' war against science has long-term consequences that they are not taking into account. I want to emphasize the fact that in my region, we saw fish stocks collapse in the early 1990s. The economy in our region and that of the entire Gulf of St. Lawrence suffered greatly as a result. The communities in my region have had a very hard time recovering to where they were 20 years ago. Making the same mistake of not taking an accurate and thorough inventory of the fish stocks is a recipe for disaster.

While countries like Germany are increasing funding for basic research, Canada is at risk of losing its scientific expertise to other, more visionary countries. Is this government trying to trigger a brain drain? The Conservatives have forgotten that they are here to serve the public, not control the public. Canadians have the right to be informed. The Conservatives do not have the right to control information and to shut down scientific facts when findings do not suit them. That is the basis of morals and ethics. Of course to the Conservatives, whose ideology is taking us back to the Dark Ages, this seems perfectly normal.

The Conservatives are waging an ongoing war on research, data collection and the development of fact-based policies because these things interfere with their ideological agenda and force them to recognize embarrassing truths, such as the human causes of climate change.

That is why I am urging the government to support the motion of the hon. member for Burnaby—Douglas. I am urging this government to drop the ideological rhetoric and make decisions based on scientific facts.

I am urging the government to get back on the right path and support scientific research for Canada's short- and long-term benefit.

Opposition Motion—Scientific and social science expertiseBUSINESS OF SUPPLYGovernment Orders

June 5th, 2012 / 4:15 p.m.
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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Madam Speaker, I am being asked to respond, and I will respond, but honestly, the answer is self-evident because my colleague is giving me an example that has nothing to do with what I am talking about.

First, I invite him to go and see the people from Archives Canada, the people who are in the park and who are protesting. They could tell him about the people doing research at the University of British Columbia.

Second, this is classic. In Bill C-38, the government is deliberately including worthwhile things, such as the enhancement of the travelling exhibitions indemnification program, but it is also including a bunch of garbage. Then, I will be criticized for voting against the enhancement of assurances with respect to travelling exhibitions.

June 5th, 2012 / 3:40 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Thank you again.

We have expressed our concerns. Beyond the point of accountability, it's the case for transparency that was made in 2006. You have to consider what happened with the G-8 slush fund to be very concerned.

We had very serious concerns when the government announced its intentions to cut the auditing powers of the Auditor General. We had additional concerns when the Conservatives refused to allow the Auditor General to testify before a parliamentary committee. It's one thing to receive letters, but it's quite a different thing for a person to give face-to-face testimony. We questioned at the time why they wanted to silence a person responsible for ensuring that taxpayers' money is spent properly. Again, this is an affront to the very things they have purported to stand for.

One wonders why the government seems so intent on taking away the Auditor General's powers. This is the single largest move to restrict accountability in Bill C-38. It is a broad reduction of the oversight powers of the Auditor General.

Let's think about the significance of removing the mandatory oversight of financial reporting by 12 agencies. I'll name them: the Northern Pipeline Agency; the Canadian Food Inspection Agency, and people will give testimony about their fears of what impact that could mean; the Canada Revenue Agency; the Canadian Transport Accident Investigation and Safety Board; the Canadian Institutes of Health Research, the Canadian Centre for Occupational Health and Safety; the Exchange Fund Account, which is under the Currency Act; the Natural Sciences and Engineering Research Council of Canada; the Social Sciences and Humanities Research Council of Canada; the Canadian Polar Commission; and the Yukon Surface Rights Board. The member for Yukon is sitting beside me and will comment shortly.

Opposition Motion—Scientific and social science expertiseBUSINESS OF SUPPLYGovernment Orders

June 5th, 2012 / 3:15 p.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I have the honour to rise today in support of this motion, which focuses attention not only on the massive cuts to research, data and evidence that can be found in the budget bill currently before the House, but also to speak to the government's contempt for information, research and advocacy since the beginning of its mandate.

Research is a core driver of economic competitiveness, environmental protection, and health and safety. Objective, publicly funded research and statistical data is necessary for our public service to be able to serve all Canadians, especially since service provision is the majority of the work of the federal government. The government has made it its mandate to obscure objective facts in favour of controlling and privatizing information to create narratives that suit its priorities.

It is crucial that research be credible. In order for it to maintain this integrity we must be sure that private funding of our research respects the autonomy and independence of our researchers in their objectives and in their methodologies. Yet this last budget has proposed refocusing the National Research Council to be “business-led”, and is increasingly concentrating on targeting post-secondary research to meet “business needs”. I know that research often relies on private funding, as much as private interests rely on the research provided to them.

I know that much innovation comes from these partnerships, but this is not what the government is proposing. What it has done is increase the control that it and private interest have on what research is being done and how it is being done. That is a frightening move for the credibility of Canada's research.

By increasingly removing critical financial supports and increasingly correlating research to demand-driven funding models in order to service profit-driven demands, we are systematically inhibiting our research integrity and competitiveness.

We have seen many instances of the government obstructing research before. One of the first things the government did in 2006 was slash $5 million from the Status of Women agency and make a series of changes to its purpose. The independent research fund was abolished, and the mandate of the women's program was changed to explicitly exclude any project having to do with research and advocacy. While the funds themselves have since been recommitted to the agency, the independent research fund has not reappeared and the mandate of the agency continues to forbid research and advocacy. The purpose of this is clear. The government is ignoring the deeper, systemic injustices that women repeatedly encounter because the injustices do not fit the government's world view. Effective, long-term planning and investment in social programs, while proven to be in the best interests of women and the economy at large, are something the government fears.

As a member of the status of women committee, I hear every week from expert witnesses who are still suffering from the long-term effects of this strategic shift.

Carmela Hutchison is president of the DisAbled Women's Network Canada, which is the only organization that represents disabled women, the largest minority group in Canada. She wrote to me to say:

We could write volumes about the health and safety consequences to millions of women and girls with disabilities in Canada which are due to the lack of publicly funded research and statistical information already! How can this Government propose any further cuts to research and data collection when this information is essential to informing your honourable Members and all Canadians about the health, safety and the economic well being of millions of women with disabilities in this country, who continue to be the poorest citizens of this country!

When we look at Bill C-38 and its anti-information cuts, which are overwhelming in their scope, we see that what happened to women in Canada will happen in almost every community and sector, from first nations to academia. It is most acute in the field of environmental science. The fact of climate change is something that the government needs to suppress as quickly as possible in order to serve the corporate interests of its friends.

However, the ethically repugnant muzzling of scientists is certainly not all we are facing. The cuts to Library and Archives Canada, Statistics Canada, the National Council of Welfare, the First Nations Statistical Institute, and even the CBC are moves against the cultural identity of Canada.

Our heritage and history are deeply affected by these cuts. There is a relationship between dismantling Library and Archives Canada, discrediting Statistics Canada and disabling the CBC, which becomes clear when one considers that the government is aggressively pursuing a mandate to create a Canadian narrative that suits its interest rather than reality.

If it targets Library and Archives, we will have fewer resources available that describe what Canada once was. If it utterly destroys our ability to produce credible statistical data, we will not know who we are now. When it entirely abolishes the National Council of Welfare and the First Nations Statistical Institute, it is preventing social scientists from understanding trends and finding solutions. Couple this with the witch hunt we are witnessing against the CBC and the subsequent slashes to its budget and we see a weakening of the only mainstream Canadian broadcaster that is mandated with communicating our diverse heritage and cultures.

I was alarmed when the Minister of State for Science and Technology announced this past March that he was planning on refocusing the National Research Council and in May announced that he was changing the direction of the Social Sciences and Humanities Research Council in order to strengthen its ties with the private sector. SSHRC, like the NRC, is a public research-funding body that is mandated with funding innovative research that benefits all Canadians, not just the business sector. Yet, in his own words, the Minister of State for Science and Technology said that this is a great opportunity to focus the NRC more toward the business end to be “a one-stop, 1-800, 'I have a solution for your business problem'.”

Coming from an academic background, I know that privately commissioned research where the objectives are determined by private interests and not the researchers themselves is simply not credible. As an MP, I have witnessed the fact that our public service providers require our research councils to conduct research on behalf of all demographics and communities, not just businesses. As a citizen, I do not agree that my taxes be spent to subsidize the needs of businesses before the needs of families.

In conclusion, without credible research all Canadians will see a decline in the quality of their service provisions the way women have over the past eight years. Innovation will be stalled by the control of private interests over what it is we study.

I seriously urge this House to consider the long-term effects of these cuts and I urge us to ask ourselves this. Who does the suppression and rewriting of information benefit? When did the needs of big business supplant the needs of citizens? Where will Canada be in 5, 10, 20 years without credible statistical data upon which we can base future planning?

If there is one thing the now abolished National Council of Welfare has taught us through its research, it is that short-term investments in human capital and communities reap long-term economic gains. It is frivolous, short-sighted and fiscally irresponsible for the government to be dismantling these institutions.

I hope that this debate enlightens the members opposite as to the dangers they are precipitating in the budget bill. I hope that they will support the opposition motion.

Fisheries and OceansOral Questions

June 5th, 2012 / 3:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the hon. memer for Trinity—Spadina already raised today in question period the decisive vote of the Federation of Canadian Municipalities urging the government to remove non-budgetary environmental items from Bill C-38.

My question is for the Minister of Fisheries, since he has repeatedly referenced FCM as a supporter of the bill and in fact said, “countless other municipal leaders have been calling for these types of reforms for many years”. Now that we can count them on the fingers of one hand, will the government admit it made a mistake in going after and gutting the Fisheries Act in Bill C-38?

The BudgetOral Questions

June 5th, 2012 / 2:40 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, a lot can happen in a week. While hundreds of organizations oppose Bill C-38 because of its despicable content, now mayors from across Canada also oppose it, because the government likes to cut corners when the time comes to consult Canadians. Among other things, the mayors want all changes to legislation on the environment and on fisheries to be properly examined in committee, so that Canadians' voices can be heard.

Will the government stop going it alone and start listening to the municipalities?

Opposition Motion—Scientific and Social Science ExpertiseBusiness of SupplyGovernment Orders

June 5th, 2012 / 11:10 a.m.
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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Madam Speaker, this is the first time that I have spoken in this House as the lead critic for the Liberal Party.

I would like to thank all those who make it possible for me to do the job of representing the people of Kingston and the Islands for their support.

I also thank those who made it possible for me to study and work in the field of science, and that includes the Government of Canada and the Natural Sciences and Engineering Research Council. I thank the member for Burnaby—Douglas for his motion today that allows us to discuss the value of science and the effects on ill-considered cuts to scientific research programs of the Government of Canada.

Today, before I focus on the main idea of my speech, I will mention some things that concern me and what are ill-considered cuts to research. Two examples that come from NSERC, which have already been mentioned in debate today, are the proposed elimination of the research tools and instrumentation program which provides money to buy and repair medium-sized equipment and is crucial to building a research laboratory, and the major resources support program which is crucial to funding the operation of infrastructure that the Government of Canada has already invested in. It is crucial to allowing us to get a return on our investment.

Scientists are telling me that cutting the research tools and instrumentation program is like sending carpenters to work without hammers. They are using words like “major disaster” or “extremely ill-advised”. Some examples of things that researchers are saying that they would not be able to buy without this program are trucks for biologists who go out and do field work, and simple things like microscopes, magnets and lasers. The program is very important because it is used to repair equipment. Equipment could break down at any time and the process for getting equipment grants from a program like CFI takes a long time. CFI is not structured to fix equipment that breaks down. So the researcher may have to choose between firing some graduate students or fixing a crucial piece of equipment.

One scientist told me that such shortages could potentially ruin the careers of new researchers.

I am hearing from young researchers that they do not want to come or are regretting coming to Canada after hearing about these proposed cuts. One of the concerns I will convey to the minister during this debate is that the policies set forth in budget 2012 would result in these cuts. He may blame NSERC for these cuts but he is the minister and he needs to take responsibility and he should be listening to the strong language that is being used by scientists in reaction to these proposed cuts.

I will now turn to the MRS program. These proposed cuts will affect facilities, as I have said before, where we have invested in large scientific infrastructure and whose use will be curtailed because of these cuts. It is like owning a car but having no money for gas. This includes the Super Dual Auroral Radar Network in which we have international agreements to monitor the sky around the earth with radar. This affects any business that has to do with satellites. The proposed cuts to MRS will curtail the use of the Canadian Institute for Neutron Scattering. It will curtail the use of the Brockhouse Institute for Materials Research, which is found in Hamilton at McMaster University in the riding of my hon. colleague who asked a question previously. It will affect living collections of algae and cyanobacteria and fungi that have been carefully isolated, which could have all sorts of uses and applications in industry and cannot be replaced at a later date.

These are things that concern me. It is just a small sample of the massive number of comments and emails that I have received from scientists in Canada who are concerned about the cuts to research funding. That is just the National Sciences and Engineering Research Council.

The motion today is not so much about the overall level of funding for science or support for industry or business competitiveness as it is about how the government chooses to value science in the service of good government.

As one of the few scientists in the House today, I am proud to support the motion on the value that scientists and the scientific approach have to offer to the Government of Canada as it serves the people of Canada.

I am also proud to speak for the party that I chose to join, the Liberal Party, because Liberals believe that for good governance, slogans and ideology are never a good substitute for facts, evidence, a scientific approach and just hard work.

Liberals are the most likely to say that such and such an issue seems complicated and before they decide what their position is on that issue, they will do some homework. This is the kind of party of which I want to be a part. These are the kinds of colleagues with whom I want to work. They can best serve the people of Canada.

By contrast, the Conservative government believes that if enough ministers and MPs fan out across the country and repeat the phrase “responsible resource development” enough people will believe it so they can pass Bill C-38, the omnibus budget bill, and get re-elected. That is not the best thing for Canadians. When the Liberals hear that, they simply smile and say that it is an empty slogan.

We must put scientists in place and give them the resources to evaluate the risks of government policies so government can make informed development decisions for natural resources. We must provide them with the equipment and the staff to monitor the natural environment so they can measure any damage to the environment or any danger to people.

Additionally, we must let these scientists speak freely to the public about their research. People need to have a dialogue with scientists to understand the knowledge that scientists have gained for their benefit, knowledge for which taxpayers have paid. Governments must not be allowed to control this flow of information, at least democratic governments. This is really the only way Canadians can be assured that true responsible development is occurring.

Instead of cutting 11% of the workforce, over 700 employees of Environment Canada, cutting scientists who monitor water pollution, industrial emissions or climate change, let us put money on the table now and make a multi-year commitment to fully fund the environmental monitoring of resource development projects such as the extraction of bitumen. Then let those scientists speak freely of their research for the benefit of the people of Canada.

Scientists must be able to speak freely for the benefit of the people of Canada.

Why are Conservatives against free speech for scientists? I am not making this up. The international scientific community and science journalists have spoken up and called upon the government to stop muzzling scientists.

In the United States, government scientists have been encouraged to talk about their research and even give their personal opinions about government policy, as long as they make it clear that it is just their personal opinion.

In December 2011, the United States National Oceanic and Atmospheric Administration issued an administrative order on scientific integrity to encourage its scientists to speak freely to the public and the media about the results of their research.

Why is the Government of Canada opposed to free speech for scientists?

Liberals believe in free speech as do most Canadians. Why do the Conservatives get off the train? It is not a rhetorical question. The answer is that the Conservative government does not accept criticism. It is not politically convenient. It is just embarrassing. It is a roadblock to continued power.

Is it just a couple of journalists who are complaining, as the Minister of the Environment has said? If a couple of journalists do not matter to the public good, I would ask the House to recall how Richard Nixon felt about the pesky journalists from the Washington Post 40 years ago.

By contrast, Liberals believe that welcoming criticism will improve one's understanding, just as scientific ideas depend on criticism in order to improve and become stronger. Science is powerful because it welcomes criticism. Criticism from scientists will help governments and others make smarter decisions, thereby making Canada stronger.

Yes, the Conservatives will be embarrassed at some point. Every government makes mistakes, but a strong government for a strong country is one that recognizes and corrects mistakes.

To do this, governments must also be open about history. It is why the commission that investigated Canada's residential schools for aboriginals was called the Truth and Reconciliation Commission. That is why the commission that was set up in South Africa to study the effects of apartheid was called the truth and reconciliation commission. One must reveal the truth before a nation can reconcile and move forward.

The truth must be revealed before a nation can reconcile.

The Conservative government is making drastic cuts to Library and Archives Canada that will seriously harm our ability to preserve and access Canada's past. That includes a 20% cut to the workforce.

Related to what I just said about truth and reconciliation, the archival material in the LAC was instrumental in supporting the testimony from victims of the residential schools before the Truth and Reconciliation Commission.

The minister will say that staffing cuts are justified because materials are being accessed online, but only 4% of the LAC's physical materials are available online and now 50% of the digitization and circulation staff is being cut. Conservatives have also eliminated the national archive development program, which provided funding to local communities, about 800 of them, to preserve local history in Canada.

Why spend money to save things in the National Archives and make them accessible? It is not the same thing and does not feel as good as celebrating a glorious event of the past that buttresses the ideology of the government of the day. It is about having information available, making it possible to study and understand the mistakes of the past so we can fix them and not repeat them in the future. A truly strong government would be open about its mistakes. A truly strong government would embrace its history and not simply retell it.

Liberals believe that science and a scientific approach are what the Government of Canada needs for an honest accounting of its successes and failures. I believe that providing an honest accounting in Ottawa is one of the greatest things we as MPs can do for our country.

One thing people have learned over the last few centuries is the value of observation and measurement. That is why we have made advances in science and technology. It is the idea of empiricism, of measuring and counting the number of teeth in a horse's mouth and counting the number of people, that gives us the ability to have smart government policies, to really understand what we are trying to govern.

There is an example that has already been brought up in the House today, and that is the Experimental Lakes Area. This is a great example of doing real experiments in real situations so we make smart decisions about environmental policy concerning clean water. The federal government has announced that it will cease funding for the internationally renowned Experimental Lakes Area, which is in northern Ontario and comprises about 58 lakes that have been set aside for pollution experiments.

Scientists pollute these lakes on purpose and then watch the whole ecosystem for decades to see what happens. Then they are obliged to return these experimental areas back to their original state. Research during the experiments and the renewal have helped us understand mercury pollution, the effect of phosphates and detergents, green algae blooms, acid rain and climate change. If people believe that pollution regulations are too strict, they need to know that these very experiments are the ones that help us understand how much pollution is tolerable.

Ending funding for the ELA goes against two of my core beliefs. People have to conduct experiments and measurements to really understand how the world works. This is what I believe in as a scientist. We must use facts and evidence to make good policy, and that is what I hope to bring to the House, along with my colleagues in the Liberal Party and other members in the House.

I next want to turn to Statistics Canada, which is having its budget cut by about $34 million on an ongoing basis, about 7% of its budget. The head of Statistics Canada resigned a couple of years ago to protest the elimination of the mandatory long form census. This is another example of how the government wants to avoid data.

Data is important for telling us about the country and its people, where they live and how they live, so we construct smart policy. Even if all we want to do is cut taxes, we want to know what effect those cuts will have, who will receive those tax cuts and what will happen in the country. We need statistics and good data to understand the effect of tax cuts on the Canadian population, not to mention good social policy that is meant to help people who live on the margins and who need our help. That help really defines for what Canada stands.

The First Nations Statistical Institute was brought in by a previous Liberal government of Paul Martin back in 2005 and the board was only appointed in 2009. Now the government wants to cut the institute. There was a realization that not enough census data was being collected from our first nations. This was hindering the creation of good policy and smart policy. It was decided that we would have a special institute to collect data. Now the government wants to get rid of this institute.

If government wants to do more with less money, if it wants to be more efficient and make every taxpayer dollar go as far as possible to serve the people of Canada, it needs information. It needs information to make smarter decisions and it needs an attitude that respects collecting proper information, thinking carefully and working hard to use that information to make every dollar go as far as possible.

I want to conclude with a few things that I and my party believe.

The Liberals believe that science is more effective than slogans. The Liberals believe that science is effective because it welcomes criticism. The Liberals believe that Canada needs science's honest accounting in order to be able to make informed decisions and to be competitive in the world.

Madam Speaker, from your chair, every morning a daily prayer is read. Let me read an extract from that:

Grant us wisdom, knowledge, and understanding to preserve the blessings of this country for the benefit of all and to make good laws and wise decisions.

We have been blessed in our country with the people, the resources and the institutions to pursue systematic knowledge, to observe, measure and understand what we see in the world and what we see in our country and to do all of this in the service of the people of Canada.

We ask God:

Guide us in our deliberations as Members of Parliament, and strengthen us in our awareness of our duties and responsibilities as Members.

Let us appreciate the value of scientific knowledge, which can effectively guide our country toward the future.

The EnvironmentPetitionsRoutine Proceedings

June 5th, 2012 / 10:10 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the second petition I present today is relevant to today, which is World Environment Day, and it is on behalf of residents of Calgary, Guelph, Victoria, Saanichton, Ottawa and Montreal.

The petitioners plead that this House and the government remove all those sections of omnibus budget bill, Bill C-38, that have nothing to do with the budget, remove all sections that relate to degrading the environment and bring forward a bill in the proper form.

June 5th, 2012 / 9:55 a.m.
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Vice-President, Policy Development, Canadian Electricity Association

Francis Bradley

Yes. As an association and on behalf of our members, we've provided some recommendations and suggestions on some of the specifics to, for example, the subcommittee of the finance committee that is studying on Bill C-38. We have some suggestions for fine-tuning some of the approaches, and we'd be delighted to provide that information to this committee if required.

Broadly, we're supportive of the direction we're heading in. For the longest time we have been concerned about regulatory processes that are both duplicative and sometimes overlapping, so anything that moves to address those sorts of issues is something that we would support.

Foreign AffairsAdjournment Proceedings

June 4th, 2012 / 10:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise this evening to pursue a question that I put in the House for the hon. Minister of Foreign Affairs on March 5.

The issue deals with the question of the integrity of Canada's ability to enforce sanctions against Iran when we are increasingly dealing with what we consider new markets or new trading partners, however we want to put it, but essentially allowing state-owned Communist Party enterprises owned by the Government of China to become increasingly large investors in Canada.

Some of the very same companies, not just the general concept of state-owned Chinese enterprises, are major investors in Iran. In fact, the single largest customer for Iranian oil is Sinopec. Sinopec, as people may know, has been investing heavily in the oil sands. In fact, it purchased a 9% share that used to be ConocoPhillips' share of the oil sands, and at the same time, the ConocoPhillips' share was a share of Syncrude, so it is a major investor now in Syncrude, but it is not the only company that deals with Iran as well as investing in Canada.

I would mention, for instance, China National Offshore Oil Corporation, sometimes called CNOOC, has completely purchased, or one of its subsidiaries has purchased, the Long Lake oil sands mine in Alberta. At the same time, it is doing a $16 billion investment with Tehran in the North Pars gas fields. That is not the only company. If we look at PetroChina, it has a 25 year deal with the National Iranian Gas Export Company, and at the same time it was only six years into its 25 year deal with the Iranian National Gas Company when that same company, PetroChina, purchased all of the mine at MacKay River oil sands project.

What does this mean for us in terms of our sanctions? On March 5 I said that in light of the increased tensions around Iran and around nuclear issues, the importance of sanctions could not be overestimated. I asked the minister, in this light, whether we were concerned that our new trading partner, Sinopec in China, which is the largest buyer of Iranian oil, was undermining the sanctions.

The minister's response, while interesting, did not relate to my question. I hope this evening, as we pursue this matter, we can perhaps get an answer to the question.

I would like to put into the discussion we are having this evening that I am not the only member of Parliament who is concerned about Chinese investments in Canada at the same time that these same Chinese companies are the major oil customers for Iran, undermining sanctions. This is a quote from the hon. member for Mount Royal that reproduced in the Ottawa Citizen:

To the extent that we’ve now got sanctions-violating companies here in Canada that are doing business in Iran, the implications are serious.... They are very, very serious.

Again, that was the hon. member for Mount Royal, who has a very strong record in the area of working as hard as we all can to ensure that President Mahmoud Ahmadinejad understands that Canada is not his friend. We are friends of the people of Iran but we are not his friends.

How then did they perceive what is going on in global diplomacy when we are opening our arms? We are actually undermining environmental laws, and Bill C-38 was its destruction of the Canadian Environmental Assessment Act. It appears to be in the interest of speeding things that Sinopec wants. How do we justify that?

June 4th, 2012 / 6:10 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

In response to Ms. Leslie, and I appreciate her support and her party's support for this amendment, I must say I disagree with her on one point, when she says that she is certain the government would not want to do this, because National Chief Shawn Atleo said, when he was before committee, that in its current form, part 3 of Bill C-38 clearly represents a derogation of established and asserted first nations rights. That is in part a response to that, and I appreciate Ms. Leslie and her party's support for this understanding of the importance of making it clear.

June 4th, 2012 / 5:45 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Chair, we have great concerns about the approach being taken. After 16 hours of studying what the environment commissioner has said is the most significant policy reform in environmental regulatory policy in 40 years in Canada, we're left with questions.

For example, what proportion of current assessments will no longer receive federal oversight given the repeal of the CEAA? What are the projected costs of the changes for each province and territory? What assessment of the adequacy of the environmental assessment process in each province and territory has been conducted? How will a federal project define whether or not a provincial process is equivalent to the federal process? These questions have not been answered.

National Chief Atleo said specifically that:

To date, first nations have not been engaged or consulted on any of the changes to the environmental and resource development regime proposed within Bill C-38.

There is a constitutional reality of self-government and treaty rights and a moral responsibility of any government to engage aboriginal and first nations on the changes to the fisheries.

We heard from a very respected former minister of fisheries—who happened to be a Progressive Conservative minister of fisheries—who said that these changes

...are totally watering down and emasculating the Fisheries Act.... They [will] really tak[e] the guts out of the Fisheries Act and it's in devious little ways if you read all the fine print [that] they are making...Swiss cheese out of [it].

The real scary part of this is that the one minister in Canada who has the constitutional duty to protect the fishery, which includes habitat, is the Fisheries Minister and these amendments essentially parcel out and water down his fiduciary responsibility, to the point that...he can delegate his responsibility to private-sector interests and individuals.

Again, Mr. Chair and members of the committee, I know that in the main body of the report the government members of the committee have expunged much of this testimony, but it's on the record. We've been given scant time as parliamentarians to do our jobs on this. The reality is that we are railroading these changes through Parliament without adequate consideration of the consequences, including many of the unintended consequences that will result from these changes.

I think it's very frustrating to Canadians. It's very frustrating to Canadians who are concerned about the environment. It is worrisome to Canadians who believe strongly in engagement with aboriginal and first nations people. It is something that could have devastating effects on our fisheries. I think overall it is also extremely disillusioning for Canadians who want to have a strong Parliament and a functional democracy.

I reiterate that for a political party whose genesis in part was the Reform Party, which came to Ottawa partly on the basis of accountability and respect for citizens and engagement...earlier today, I almost said Preston Manning would be rolling in his grave, but I realized he's not dead. I would say many of the principles he stood for when first elected are in the Conservative movement today. It is very disillusioning, I think, for Canadians who want to see Parliament work. I think it is one reason that we're seeing only about 20% of first-time eligible voters actually voting, because they don't think Parliament matters, and the Conservatives are ensuring that it doesn't matter.

June 4th, 2012 / 5:25 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting back to order.

Colleagues, we are on part 3 of Bill C-38, clauses 52 to 169.

I want to welcome our officials, who have joined us in case members have any questions.

I will just indicate to members that for clause 52, which is the first one we're dealing with, there are a lot of amendments—about 36. It's problematic when we have the five-minute timeline, because for us to deal with all of these amendments within five minutes is very challenging. What I'm going to suggest is that I be a little flexible in terms of time.

What I would point out—it's been pointed out to me—is that 21 of the amendments by the NDP deal with a very similar issue. If I could ask that an argument be made with respect to those 21 amendments, perhaps it would be a good way to group them together. I would ask for members' agreement that we be flexible in terms of time. But given that we are being flexible and deviating from the motion somewhat, I'm going to ask members to make points and not be repetitious. When I see the debate points have been made, I will then call the question and move on.

Is that acceptable to members of the committee?

Ms. Glover, do you want to speak to that?

June 4th, 2012 / 4:40 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting to order. This is, again, the 69th meeting of the Standing Committee on Finance. Our orders of the day, pursuant to the order of reference of Monday, May 14, 2012, are on the discussion of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures. We are in clause-by-clause consideration.

Colleagues, I'll just outline how we are proceeding here. I'm going to take my time doing so to make sure everybody understands it.

As is tradition, we postpone clause 1 till the end. We start with clause 2. I will go, obviously, in numerical order.

I'll just highlight for the members a couple of things from the motion that this committee adopted on May 15:

B. the Committee shall proceed to clause-by-clause consideration of Bill C-38 no later than Monday, June 4, 2012, provided that the Chair limit debate on each clause to a maximum of five (5) minutes per party per clause before the clause is brought to a vote;

That means each of the three parties will have five minutes for each clause, should they choose. They can, obviously, speak for less if they decide so.

The second thing I want to highlight for committee members is:

E. if the Committee has not completed the clause-by-clause consideration of Bill C-38 by 11:59 p.m. on Tuesday, June 5, 2012, the Chair shall put, forthwith and successively, each and every question necessary to dispose of the Committee stage of the Bill and to report the Bill to the House, without further debate or amendment, and that the Chair be ordered to report the Bill back to the House on or before Thursday, June 7, 2012.

These are two items that I want all members to keep in mind.

I've done these a number of times. It helps if members, because of the number of clauses, prioritize the clauses they wish to speak more to rather than less. Obviously, if all three parties take five minutes for each clause, we're going to run up against the time deadline of 11:59 p.m. tomorrow night.

Given that, I believe we have, just for your information, 58 amendments before us. We have 51 from the NDP and seven from the Liberals—I hope those numbers are correct. I will start, obviously, with clause 2.

If members wish to group clauses or if they wish to move at a quicker or slower pace, please indicate to the chair.

Starting with clause-by-clause consideration, pursuant to Standing Order 75(1), consideration of clause 1 is postponed. The chair therefore calls clause 2.

(On clause 2)

I'll just highlight for members that I do not have an amendment until clause 16. I have NDP-1, which is on clause 16. Perhaps what I'll do is ask if there is any member who wishes to debate clauses 2 to 15.

Monsieur Mai, which clause?

The BudgetPetitionsRoutine Proceedings

June 4th, 2012 / 3:20 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the second petition is very directly to the matter before us in the House this week, the omnibus budget bill, Bill C-38. The petitioners are from Calgary, Chemainus, Nanaimo, Ladysmith and various parts of Ontario. They call for the government to immediately abandon the so-called omnibus budget bill and introduce new legislation that contains only those measures that are actually related to the budget.

Employment InsuranceOral Questions

June 4th, 2012 / 2:55 p.m.
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Liberal

Lise St-Denis Liberal Saint-Maurice—Champlain, QC

Mr. Speaker, the redefinition of what is considered suitable employment for seasonal workers in Bill C-38 will force them to accept positions for which they are not qualified.

Does the minister realize what kind of problems this measure will cause for the Mauricie region?

How can we integrate seasonal forestry workers into the manufacturing or service industries, which require different skills than what they have?

The EnvironmentOral Questions

June 4th, 2012 / 2:45 p.m.
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Eglinton—Lawrence Ontario

Conservative

Joe Oliver ConservativeMinister of Natural Resources

Mr. Speaker, contrary to what the opposition parties claim, bringing our regulatory system into the 21st century will strengthen environmental protection rather than gut it, will generate significant jobs and economic growth rather than hollow out our economy, and will provide prosperity and security for Canadians for future generations. It is not an either/or proposition, jobs versus the environment. The direction our government is taking is clear: to secure prosperity for Canadians while strengthening environmental protection. That is exactly what Bill C-38 would do.

The EnvironmentStatements By Members

June 4th, 2012 / 2 p.m.
See context

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, Canada's environment is being threatened by the government's destroying 50 years of safeguards through Bill C-38 and the 2012 economic action plan.

The Conservatives are severely cutting the budget to Environment Canada, gutting environmental legislation, cancelling the National Round Table on the Environment and the Economy, silencing dissent from environmental non-governmental organizations and continuing to muzzle government scientists, and, in so doing, impacting our economy today and in the future.

Anyone who disagrees with the Prime Minister is told to “sit down and shut up”. All Canadians should ask who will next be under attack for voicing their opposition. Silence is not an option.

It is time to stand up and speak up for democracy and the environment in Canada. That is why the Liberals stand in solidarity today with leading organizations across Canada that are committed to highlighting the Conservatives' persistent assault on democracy and the protection of the environment.

Bill C-38Points of OrderPrivate Members' Business

June 4th, 2012 / 12:35 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, as my colleague from Winnipeg Centre has stated, if you will be reserving your opinion on this bill, we would like to be able to make formal presentation on this point of order at some point in time in the future.

I do take some exception to the government House leader's comments in addressing the bill itself. We need to recognize that Bill C-38, even though the government titles it as a budget bill, is, in the eyes of many, a great threat to Canadian democracy and the functions of this House.

We can talk about the Trojan Horse or using the back door of the budget in order to pass significant measures. The argument that has been presented by the leader of the Green Party is quite accurate when we talk about the bill being an imperfect bill and, therefore, should not be proceeded with. We are going to be very much dependent upon the fairness of the Speaker recognizing this institution for what is worth. We all value the opportunity to ensure that what is happening here is being done in a fair fashion.

I know there is a great deal of concern in terms of how the bill would have a profound impact, whether it is on the fisheries or the environment. Somewhere in the neighbourhood of 60-plus pieces of legislation would be profoundly, in some cases, impacted and the Speaker does need to take note. As I have said, we will be providing some future comment before the Speaker makes a final ruling on the bill.

Bill C-38Points of OrderPrivate Members' Business

June 4th, 2012 / 12:30 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I listened with interest to the member's point of order.

She said that this bill has to have a common, unifying theme, and it does. It is a budget implementation bill and that common, unifying theme is to implement the budget, as one might expect. That is the economic action plan 2012, the jobs growth and long-term prosperity act. She says that for the bill to be found in order, it has to arise from a single policy decision. She acknowledges that it does, that being the decision of the budget that was tabled in this House. She then says that another alternative is for it to have direction from Parliament. This budget was approved by Parliament, so there is indeed direction from this Parliament to proceed with this budget. On all three of those tests she has outlined, Bill C-38 is certainly in order. Of course, it is entirely consistent with clearly established parliamentary practice. We have had previous bills of greater length and of equal diversity that implemented budgets adopted by this House and found in order.

The member makes an effort to identify some items that were not included in the budget. However, in her effort to do so, she actually makes the case that they do all arise out of the budget.

First, she has objections to some of the measures on streamlining environmental assessment processes. In fact, the budget goes on for pages about streamlining environmental assessment processes, about the importance of responsible resource development. However, in her arguments she went on to advance that her objection is that every single word that appears in the final Bill C-38, all the details of how that has been done, were not in the budget. That is not what the budget has to do. The budget sets the clear policy direction and the budget implementation bill implements that direction. That is exactly what is happening and that is as it should be. That is how these two legislative devices are to work together.

The member says that the regulatory system changes go well beyond what was contemplated. That is not the case. In fact, the budget makes it quite clear what regulatory system changes are contemplated, and that the objective is to go to one project, one review. So again, her objections there seem to have no basis.

To use another example, the member said that there is no basis for the provisions in the budget bill that relate to shiprider, the program for joint law enforcement at the border on waterways and on lands, between Canadian and American border officers and police forces so they can act on both sides so people can be pursued across that border. That was part of the Canada–U.S. border action plan, the perimeter security action plan, that was enunciated by the leaders of the two countries in December 2011. It is addressed specifically again in the budget at quite some length. It says in the budget that the government intends to take measures to implement the action plan commitments and other border improvements. Again, this is set out in the budget. With item by item that she has gone through, she has actually made the case for the fact that this bill does proceed to implement the budget and is properly in order.

The member then objects to a series of measures to balance the budget. Nothing could be more core to our economic action plan than the commitment to balance the budget by 2015, so all those measures are in order. That is what even the most basic and simple budget is all about. I do not see anything that provides a basis for the arguments the member has attempted to advance here.

Then she proceeded to make a series of arguments that could be best described as debate, disagreeing with the merits of various aspects of the bill. That may be fine for a debate. It is a good reason, if she wishes, to vote against the bill. However, it is certainly not a reason to declare that the bill is not in order.

At first glance, there is absolutely nothing, not one single basis for legitimacy for requests the member has made that the bill be found not in order. That being said, since her arguments were quite extensive and did go on for well over a half-hour, I will return with more detail on them, item by item.

Bill C-38Points of OrderPrivate Members' Business

June 4th, 2012 / noon
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am rising on a point of order today. It may be a little lengthy, so I would just like to establish that it will be acceptable to omit various page and section references and submit them in written form so that members are able to refer to the various precedents that I will be citing, just in the interests of time.

I rise on a point of order related to Bill C-38. My point of order is based on Standing Order 68(3), which states “No bill may be introduced either in blank or in an imperfect shape”.

First, let me set aside the argument I will not be advancing. I will not argue that C-38 goes too far as an omnibus bill or that it should be split. I will argue that C-38 is not properly an omnibus bill at all and therefore cannot benefit from the trend toward over-large and complex omnibus legislation.

I seek a ruling that the bill has not been put forward in its proper form, is therefore imperfect and must be set aside.

My first observation in relation to the standing rule and how I hope that the precedent will lead you to interpret it comes from a citation of the House in 1982 in which an hon. member said:

“Shape”, according to the Oxford Concise Dictionary, is a synonym for “form”. Therefore, a bill according to Standing Order 69 [as it then was] must not be in imperfect form. The question of a bill’s form is extensively dealt with in our parliamentary authorities…

A few of which are then cited from that era.

Having said I do not intend to argue that the bill must be split as being overly large for an omnibus bill, I still think there is a compelling case that the House must act to set limits around omnibus legislation.

Speaker Lamoureux stated his concern that some limits must be established in his well-known musings on this subject in 1971. He said at the time:

However, where do we stop? Where is the point of no return? The hon. member for Winnipeg North Centre, and I believe the hon. member for Edmonton West, said that we might reach the point where we would have only one bill, a bill at the start of the session for the improvement of the quality of life in Canada which would include every single proposed piece of legislation for the session. That would be an omnibus bill with a capital “O” and a capital “B”. But would it be acceptable...from a strictly parliamentary standpoint....

This is a critical question, but it is for another time and for the House itself. Rulings from speakers Sauvé, Fraser, Parent and Milliken have confirmed Lamoureux's misgivings but also a general traditional view that it is not for the Speaker to say an omnibus bill has gone too far in terms of its length or in terms of the numbers of different items or complex matters in one bill.

This point of order does not rest on argumentation that 420 pages is too long for an omnibus bill, nor that amending, repealing or reinstating 70 different acts of Parliament goes too far. So long as a bill meets the tests of being an omnibus bill, tradition will allow it.

In order to respect the standing orders of this House, any proposed omnibus bill must conform to the established criteria of an omnibus bill.

Furthermore, to be accepted as a budget omnibus bill, the proposed legislation must further conform to the rule that the implementation legislation must relate to commitments made in the budget document itself.

The tests for a proper omnibus bill are well established. I cite from our current authorities O’Brien and Bosc:

An omnibus bill has “one basic principle or purpose which ties together all the proposed enactments and thereby renders the Bill intelligible for parliamentary purposes”.

That is a closed inner quote. Then it continues:

One of the reasons cited for introducing an omnibus bill is to bring together in a single bill all the legislative amendments resulting from a [single] policy decision to facilitate parliamentary debate.

A further citation from Beauchesne's 6th edition, which by the way was cited with approval by Speaker Fraser in 1992, states:

Although there is no specific set of rules or guidelines governing the content of a bill, there should be a theme of relevancy amongst the contents of a bill. They must be relevant to and subject to the umbrella which is raised by the terminology of the long title of the bill.

Speaker Fraser ruled in 1988:

The essential defence of an omnibus procedure is that the Bill in question, although it may seek to create or amend many disparate statutes, in effect has one basic principle or purpose which ties together all the proposed enactments and thereby renders the Bill intelligible for parliamentary purposes.

Speaker Fraser went on to say, citing at this point a definition put forward by the hon. member, at the time, for Windsor West:

I believe that his definition will stand the test of time and be useful to the House and future chair occupants for years to come.

It is worth noting that, while back in 1982 the energy bill that was split through the action of the House due to determined action of the opposition, the famous bell-ringing episode, was not set aside by the Speaker, still Speaker Fraser cites the energy bill in the 1988 argument and by inference uses it as an example of a bill that went too far in its attempt to claim all legislative changes fit a common purpose. He compares and contrasts it with the free trade legislation, which formed a context within which his lengthy and detailed canvassing of the issues took place in 1988.

The implication is clear, that in Speaker Fraser's view the 1982 energy bill failed the test of omnibus definition he had put forward. As such, although it is at best obiter dicta, it does serve to add weight to the notion that simply calling legislation omnibus will not assure that it can be accepted as such.

His final summation on the detailed ruling does indeed confirm that the Speaker has the authority to find if a bill is in proper shape. The Speaker has the authority to determine if a piece of legislation meets the test of being a true omnibus bill.

Speaker Fraser ruled:

Bill C-130 is indeed an omnibus Bill—it meets the definition as stated by the Hon. Member for Windsor West in that it has a single purpose, while amending various statutes but without further guidance of the House and based on the practice to this day, it should be allowed to proceed...;

It is clear that the Speaker is not, at present and in absence of rules from the House to limit the length and complexities of omnibus bills, entitled to rule that an omnibus bill is too long, too complex or too broad in scope.

It is also clear that the Speaker is entitled to determine if legislation purporting to be an omnibus bill is actually in the proper shape to be considered an omnibus bill.

The tests are also clear. To be an omnibus bill, it must have a single purpose.

Bill C-38 has been introduced in an imperfect shape. It fails the tests of being a proper omnibus bill.

First, it fails because it has no central theme—that “one basic principle or purpose”—in order to be legitimized as a reasonable basis for debate and study.

Second, it fails because it does not provide a link between items in the bill and the budget itself.

Third, it fails because it omits actions, regulatory and legislative changes described by representatives of the Privy Council as part of Bill C-38. The omission of items that the ministers and hon. members speaking for the Privy Council assert are in C-38 further confirms the bill is imperfect, unready and requiring a reworking.

I will take each of these failings in turn.

First, Bill C-38 does not have a theme of relevancy, one basic principle or purpose, nor does it arise from a single policy decision. I anticipate that the Conservative Privy Council officers will respond to this point of order and say its theme is the budget. It is entitled, “An act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures”. Clearly, a budget is no longer merely a fiscal statement comprising changes to the Income Tax Act and other tax measures. It is understood to be a policy statement, and as such, a policy statement, it can be considered a theme.

Commentators have warned us that this trend undermines the role of Parliament in proper oversight of the public purse and of individual pieces of legislation.

Professor Ned Franks, professor emeritus at Queen's University, wrote back in 2010:

Canadian budget implementation acts...have morphed from short bills dealing with minor items mentioned in the budget speech to enormous omnibus bills...Parliament cannot study them properly...These omnibus budget implementation bills subvert and evade the normal principles of parliamentary review of legislation.

As the anti-democratic risks of omnibus bills draw greater scrutiny, the links to policy must not be accepted on faith. Nor should they be loose or sloppy in analysis. Much rides on knowing that there is a legitimate link between the measures in an omnibus budget bill and the budget itself. If the link is not there, the legislation fails to meet the test of an omnibus bill.

The failure of opposition parties in recent years to adequately challenge the creeping nature of omnibus budget bills cannot in itself create precedents. The silence of opposition parties and therefore of the Speaker does not create affirmative approval of the so-called omnibus budget bills of 2009 and 2010.

I return now to the first test of whether the bill is properly an omnibus budget bill.

Bill C-38 does not have one central theme. Even if one accepts that the budget document of March 29, with its myriad policy and fiscal initiatives, represents a theme, a single purpose, Bill C-38 contains much that was simply never mentioned in the budget and which further fails to have more than a fanciful connection to the public relations short title of the bill, jobs, growth and long-term prosperity.

This is frankly baffling. Budget 2012 covers hundreds of areas. There was no limit or restriction for the Minister of Finance on the topics that were chosen for inclusion. The Privy Council officers who signed off on the March 29 budget had abundant opportunity to ensure that nothing included in Bill C-38, the budget implementation act, would fall outside the scope of the budget itself. Had they done so, the affront to Parliament would at least fall within our rules. The respect for Westminster parliamentary tradition and our role as parliamentarians would not have been so egregiously abused.

As it is, I maintain that Bill C-38 fails to meet the first test to ascertain whether it is properly an omnibus budget bill, whether the measures in Bill C-38 are included in the budget itself.

The following examples establish that Bill C-38 fails to provide a link between the items in Bill C-38 and the budget itself. I will begin with the sections that have completely changed the Canadian Environmental Assessment Act.

While “streamlining”, eliminating duplicate reviews and time limits for the reviews found under the Canadian Environmental Assessment Act were flagged in the budget, the fact that the act was to be repealed was never mentioned in the March 2012 budget. The budget suggested important amendments to CEAA, but it simply never mentioned repealing the act and introducing an entirely new legislative scheme. It never mentioned that triggers for federal review, in place since the 1980s guidelines order, such as the presence of federal funds in the proposed undertaking as a trigger for required review, would be removed.

The budget never mentioned wholesale redefinition of the substance of review, of those impacts that require study under the act. These changes are not relevant to the proposed rationalization for streamlining. These and other changes represent a threat and a retreat from federal responsibilities for which no foundation was laid in the budget itself.

Further, the Fisheries Act was never mentioned in the budget at all. Other than reductions in available funding for the Department of Fisheries and Oceans, enhanced funding for first nations fisheries and increased funding for fisheries science, fisheries are not mentioned in the budget at all. Nowhere in the budget is it suggested, or required as a legislative change to implement other parts of the budget, that a major overhaul of the Fisheries Act is to be expected.

The changes to the Fisheries Act concealed in Bill C-38 are simply the most far-reaching, radical and fundamental changes to the Fisheries Act in Canada's history. Nothing less would have provoked four former ministers of fisheries and oceans, representing fishery policy under three different prime ministers, to speak with one voice in urging the act to be withdrawn. Yet the proposed amendments to the Fisheries Act were not mentioned in the budget at all. They are not anchored to any promised change in the budget. Unmoored from the budget, the changes to the Fisheries Act lack all legitimacy.

Also unmentioned in the budget are changes to the functions of personnel within national parks. The amendments to the Parks Canada Agency Act are perhaps sensible. They would allow Parks Canada Agency wardens to enforce other acts for other agencies. Regardless of whether such changes would be offensive or not, and without further study of the long-term implications for Parks Canada's core mandate, I cannot say, and whether it is a good change or not is irrelevant to the main point. These changes have nothing whatsoever to do with the budget. Parks Canada's budget was reduced and a new national park was announced without funding for the Rouge Valley near Toronto. Neither of these budgetary mentions have any connection to the Bill C-38 amendments to the Parks Canada Agency Act.

Amendments to the Canada Oil and Gas Operations Act to give the National Energy Board authority over pipelines and power lines crossing navigable waters, removing authority held under the Navigable Waters Protection Act, were also never mentioned in the budget.

There is similarly no mention in the budget of changes to the Species at Risk Act, the Canadian Environmental Protection Act or the Navigable Waters Protection Act. The only reference to the policy area of species at risk within the budget was to provide more funding. If the act governing species at risk required overhaul to deliver on this aspect of the budget, why was it never mentioned? There is no nexus between the one reference to species at risk in budget 2012 and the subsequent legislative changes in Bill C-38. There is no reference at all to policy or legislative changes in the budget related to the Canadian Environmental Protection Act or the Navigable Waters Protection Act.

I come to the repeal of the Kyoto Protocol Implementation Act. This repeal could hardly be described as a surprise. The current executive branch has made it very clear that it wishes to repudiate Canada's global treaty obligations. Nevertheless, I ask you, Mr. Speaker, to consider the rules and precedents of Parliament. A measure in an omnibus budget bill is only legitimate if it has some relation to a central organizing theme. The topic of climate change is never once mentioned in the budget.

The House cannot take the equivalent of judicial notice that everyone knows the Prime Minister intends to kill the Kyoto Protocol Implementation Act. The Prime Minister, or, more accurately, his Minister of the Environment has all the powers and authority necessary to present legislation to the House to repeal the Kyoto Protocol Implementation Act. The Conservatives have a majority of seats in both places, making it a foregone conclusion for this and all the other bills I have mentioned that do not belong in Bill C-38 and that properly tabled legislation will meet with parliamentary approval.

Should the Privy Council officers respond that “the jobs, growth and long-term prosperity” agenda requires the repeal of this act, they must be called upon to make proof of this assertion. The Kyoto Protocol Implementation Act provisions make its terms moot with the withdrawal of Canada from the Kyoto protocol through the action of the Minister of the Environment announced in the House in December of last year. The repeal of the act included in Bill C-38 is further evidence that the act has no central theme, purpose or principle.

Moving on from the extensive environmental aspects of Bill C-38, there are other legislative changes for which no foundation has been laid in the budget.

One of the most serious changes to Bill C-38 relates to a new supremacy of Privy Council to override decisions of the National Energy Board. This change to the National Energy Board Act was not mentioned at all in the budget document. Nor was it shared in advance explanatory notes. It is not connected to any theme, but is a significant change in the context of a quasi-judicial body with a long history of professionalism. There has been no explanation, so it is impossible to find in this change any link or theme to connect it to other aspects of Bill C-38.

The elimination of the Office of the Inspector General under the Canadian Security Intelligence Service has no connection whatsoever to the budget. Neither are the changes to consolidate the responsibility for reviewing the activities of the Canadian Security Intelligence Service into the Security Intelligence Review Committee foreshadowed in the 2012 budget. To attempt to find a theme that embraces repealing the Kyoto Protocol Implementation Act, weakening of fisheries habitat protection and eliminating the Inspector General of CSIS within C-38 is an exercise to make your head hurt.

The new provisions for conditional release decisions within the Corrections and Conditional Release Act are also completely unhinged from anything in the budget.

There is no logical—or even illogical—link between budgetary measures and the changes in Bill C-38. The repeal of the Fair Wages and Hours of Labour Act is not referenced in Budget 2012. The repeal of this act could have serious implications. In addition, it is not related to other aspects of Bill C-38, which drives home the point that the bill has no overarching theme.

One of the most profound changes to Canada contained in Bill C-38 relates to the surrendering of sovereignty in relation to law enforcement. While certain measures for improved movement of goods at the border are mentioned in the budget, the so-called “ship-rider” provisions are not mentioned. The decision to allow the law enforcement officials from another sovereign nation onto Canadian territory to enforce foreign laws is a dramatic and radical change. The Privy Council is, as noted above, entitled to table legislation to reduce the traditional understanding of Canadian sovereignty. Such a radical departure from universally understood principles of sovereignty merit legitimate debate and review. Given the majority of seats held by the Conservative Party, so long as members of Parliament are required by their whip to vote with their cabinet colleagues, any such bill will pass. However, this measure is not linked to the policy direction of the budget. It is not referenced, and as such, it is further evidence that Bill C-38 is not a proper omnibus budget bill at all.

The complete list of measures that had no connection to the budget involves the elimination of numerous bodies and consequential repeal of numerous agencies never mentioned in the budget. I know that the above list is not exhaustive, but covers many of the larger measures for which there is no link to budget 2012.

There is another group of things that I find unusual, and that is the third ground on which I make the case that Bill C-38 violates Standing Order 68(3). It fails by omitting actions, regulatory and legislative changes that were described by representatives of the Privy Council as part of Bill C-38. The omission of items that the ministers and hon. members speaking for Privy Council assert are in Bill C-38 further confirms the bill is imperfect, unready and requiring a re-working.

I will cite numerous examples from the debate at second reading of Bill C-38 in which members of the Privy Council and Conservative members of Parliament spoke favourably to aspects of the legislation that were actually not in Bill C-38 at all. I anticipate that Conservative members may claim that people make mistakes in debate and that the claims that were made about Bill C-38 are not substantive and that statements made in debate cannot add to the evidence that Bill C-38 is imperfect.

In other Parliaments that may have been true. The occasional enthusiastic slip of the tongue does not undermine a governing party's description of its legislation.

However, these are not occasional slips. The claims of provisions in Bill C-38 that simply are not there were made by the Minister of Natural Resources and by the Minister of Environment. The claims were made, not in extemporaneous fashion, as if such exists any longer in the governing party of the day. The claims were made in prepared speaking notes. The same words and virtually verbatim text were submitted by a number of backbenchers as well.

In relation to claims of greater tanker and pipeline safety, I submit the following statements in debate at second reading. The Minister of Natural Resources said:

Mr. Speaker, the bill would do a great deal to protect the environment...tankers will have to be double-hulled, there will be mandatory pilotage, there will be enhanced navigation, there will be aerial surveillance, and [other] measures will be taken when necessary in particular cases.

The Minister of the Environment said, “The legislation before us would provide new funding in support of improving pipeline and marine safety....It would fund $35.7 million over two years to further strengthen Canada's tanker safety regime”.

The hon. member for Prince George said, “We would enhance pipeline and marine safety through initiatives such as a strengthened tanker safety regime”

The Parliamentary Secretary to the Minister of Trade said, “I would like to speak directly to the budget bill...We will strengthen pipeline safety...Every Canadian would support strengthening pipeline safety”.

There is a further statement from the hon. member for West Vancouver—Sunshine Coast—Sea to Sky Country, a further statement from the hon. member for North Vancouver and a further statement to the same effect from the hon. member for Kootenay—Columbia.

There is absolutely nothing in Bill C-38 that advances tanker safety or pipeline safety. The budget document itself mentions such changes are planned, but Bill C-38 omits any reference to them.

Ironically, after the litany of measures never mentioned at all in the budget that are included in Bill C-38, in this case the budget promises the changes, but Bill C-38 has not a word about pilotage or double-hulled tankers or increasing pipeline inspections.

We have a choice here. We could either conclude that the ministers and other hon. members were deliberately misleading this House or, because I reject this first notion, I submit the only sensible conclusion is that there are errors in Bill C-38 that have omitted important sections that the ministers honestly believe were in the legislation they were putting before us.

In the matter of environmental assessment, ministers and other hon. members also asserted specific language to the new provisions to allow for the complete substitution of federal environment review for the provincial one. In second reading debate, the specificity of the language and its repetition suggests they honestly believe the legislation is drafted in a way that it is not. The Minister of Natural Resources said:

It would allow provincial environmental assessments that meet the substantive requirements of the Canadian Environmental Assessment Act to be substituted for the federal government assessment. In some cases, the provincial process may be deemed equivalent to the federal process. However, these provisions will only be put into effect if the province can demonstrate it can meet federal requirements.

The Minister of Natural Resources further said:

There will be an opportunity for substitution by the province but only if the particular province in question has the capacity and the willingness to conduct an identical level review.

The hon. member for Burlington said roughly the same thing. He said, “I want people to read the legislation.” Frankly, so do I. He said:

I want people to read the legislation. It talks about substitution. It does not talk about elimination. If there is an environmental assessment at the federal level and another one at the provincial level, we can substitute one for the other, but they have to be at least equal.

While substitution of reviews is contemplated in Bill C-38, there is no requirement for an identical level of review, for them to be at least equal, nor for meeting federal requirements.

The summary pages describing the legislation called the substitution “equivalent”, but the word appears nowhere in the operative sections of Bill C-38. In fact the relevant section of the new CEAA offers no criteria at all for a discretionary decision by the minister that the substitution would be “appropriate”, and I cite that section. There is no requirement for equivalency.

These examples of claims for subject matter not covered at all in Bill C-38, pipeline and tanker safety, as well as for subject areas included, but without the strength of criteria repeatedly referenced by Privy Council officers in debate, are further evidence that the legislation is imperfect. I will not accept that so many hon. members spoke in an effort to mislead the House. The members clearly believe that Bill C-38 meets the description they have given the House.

Furthermore, as all speeches delivered by Conservative Party members of Parliament are reviewed in advance by the Prime Minister's office and given the similarity of wording were likely written by the same person on PMO staff, the Prime Minister cannot but agree that the legislation falls short of his own stated goals.

Whether through hasty drafting or other error, the legislation does not meet the description offered by three members of Privy Council as well as several hon. members. It is imperfect and unready and should be withdrawn.

In conclusion, Mr. Speaker, I wish to put forward one final argument to persuade you to reject Bill C-38, which violates the Standing Orders of the House of Commons. My argument is this: the respect of the body politic of this institution is at stake.

I recall the words of the late journalist, a great Canadian, James Travers. We happened to both be on the CBC program Sunday Edition in the spring of 2009, discussing threats to our democratic institutions. He commented that we really no longer have a democracy in Canada, and if we visit Ottawa today, what we will see is a democracy theme park. The buildings are still there and we can tour Parliament, but we will no longer see democracy.

I refuse to accept that is the case. I acknowledge that democracy is not a permanent state of existence. It can be won, as in Arab Spring, and it can be lost. It can be lost through violence; it can be lost through neglect. It does not survive without the constant application of checks on the abuse of power. It needs openness. Those things done by stealth invariably breed an unhealthy loss of respect in our democratic institutions. Sunlight is a great antiseptic. The myriad, unrelated pieces of legislation under cover of Bill C-38 should, to respect Westminster parliamentary democracy, be brought out of the shadows, be tabled separately and studied on their own merit.

To allow Bill C-38 to masquerade as a legitimate omnibus bill will bring our institutions into greater disrepute.

Bill C-38 is widely understood in the popular media as a fraud. I will cite a few examples of respected commentators on our system of government.

Andrew Coyne wrote that Bill C-38 “... is not remotely a budget bill despite its name.” He wrote that, while throwing non-budgetary matters into a budget bill is not unknown, in Bill C-38 “the scale and scope is on a level not previously seen, or tolerated. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy but a sort of compulsory buffet.”

John Ivison in the National Post, noting that the excuse for this omnibus approach is the urgency to move projects to approval, maintains:

... it’s not so “urgent” that it justifies an end-run around 145 years of parliamentary tradition.... Someone, somewhere deep within the Prime Minister’s Office took the decision to try to cram as much contentious legislation in one mega-bill to minimize the political fallout. It was a dumb move and it has blown up in their faces.... condemned by all but the most blinkered of partisans.

Terry Glavin wrote in the Ottawa Citizen that:

Bill C-38...is a heck of a thing. It’s an omnibus bill that purports to be a budget bill but isn’t. It’s a statutory juggernaut that introduces, amends, or repeals nearly 70 federal laws. It’s been presented to the House of Commons in a manner that may be without close precedent in Canadian parliamentary history.

Dan Gardner wrote just this weekend in the Ottawa Citizen that:

...the government’s mammoth Bill C-38, which is theoretically the budget implementation bill, but is in reality a vast number of pieces of legislation that have nothing to do with each other, or the budget. Piling most of the government’s legislative agenda together in one bill ensures scrutiny will be kept to a minimum, which is in keeping with the government’s unprecedented use of time allocation and closure to shut down parliamentary debate.

We, as parliamentarians, must be the bulwark against abuse of power, even in a majority government. Our only shield is our traditions, the standing rules, precedent and our respect for the same. Our only hope is in a fair judge. I turn to you, Mr. Speaker, without fear or favour, sine timore aut favore, to rule fairly and protect Westminster parliamentary democracy, to restore public faith in our institutions and to order Bill C-38, a bill imperfect in form and shape, to be withdrawn pursuant to our standing rules.

Bill C-38PetitionsRoutine Proceedings

June 1st, 2012 / 12:10 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the last petition comes from residents in Ontario, Quebec and Alberta.

The petitioners call upon the House to completely reject Bill C-38, an omnibus bill containing measures that have no place in a budget bill. They ask that we only be asked to vote on budget measures when an omnibus budget bill is put before us.

Government ProgramsOral Questions

June 1st, 2012 / 11:50 a.m.
See context

Liberal

Lise St-Denis Liberal Saint-Maurice—Champlain, QC

Mr. Speaker, with Bill C-38, the government is cutting the heart out of our small communities by attacking library services. The government plans to eliminate the only program that has provided reliable high-speed Internet access to small communities. Saint-Adelphe, in my riding, is one such community.

How does the minister plan to provide fair access to the cultural and historic heritage of our communities, no matter where they are located?

The BudgetOral Questions

June 1st, 2012 / 11:20 a.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, this is just one of the very dangerous changes the government is making.

Bill C-38 has 753 clauses, given just 3 minutes of study each. These include changes that would gut environmental legislation, changes that would force Canadians to work longer, cuts to health transfers, cuts to EI, cuts to food inspectors, sweeping immigration changes and an attack on charities. The government is even giving away the powers of the Auditor General.

Why is the government hiding all of this from public hearings? Is it afraid to take on the official opposition, or is it just trying to pull a fast one on Canadians? Which is it?

The BudgetStatements by Members

June 1st, 2012 / 11:05 a.m.
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NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, two weeks ago, in the course of my duties, I had the opportunity to visit two western Canadian provinces. Even there, people were appalled by the Conservatives' mammoth Bill C-38.

Last week in my riding, people were even angrier. This bill amends or repeals laws that directly impact my Laval—Les Îles constituents: old age security, cuts to environmental agencies and changes to the Employment Insurance Act, to name but a few.

My constituents are furious. Day after day, they tell me that, when the next general election comes around in 2015, they will elect a government that listens to workers, Canadian families and all Canadians. In October 2015, they will elect an NDP government because we are fit to govern.

June 1st, 2012 / 9:15 a.m.
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Vice-President, General Counsel, Canadian Life and Health Insurance Association Inc.

Frank Zinatelli

Bill C-38 addresses very much a specific subset of that issue. It doesn't address the pension issue, for example, in terms of creating new priorities, etc. What it addresses is long-term disability benefits that are effectively being paid in situations where an employer self-insures, or determines that they will be able to make those payments to long-term recipients in the long run.

Of course, what can happen is that the employer unfortunately can go bankrupt. We have had three instances in the last three decades. One was Massey Combines in the late 1980s, I believe. You will recall there was the example of Eaton's, and most recently, Nortel. In all three cases there were individuals on LTD who found themselves with no income conceivably coming in.

I recall historically that in those first two situations there were some interventions, and ultimately, there was some income at least, but it does create a real problem that we don't want to see happening going forward.

June 1st, 2012 / 9:10 a.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Coming from the labour side for many years, we hear the talk of best practices, and this is one of those areas where we should be looking around the world for the best practices and applying them.

I'd like to go to Mr. Nikias. You also well brought forward something that we have gone to many times. It's the fact that people who are on a disability pension at 65 will pay a penalty with this change, because in most cases they'll remain in that pension for two extra years at a much lower rate than with OAS and GIS combined. As well, you mentioned people who are on social assistance suffering the same thing.

We had a briefing on Bill C-38 and were told that in the full costing of the changes to the OAS, the social policy simulation database or other types of econometrics were not used. I'm really not directing that question to you so much as Mr. Wolfson, perhaps.

If you've worked for the civil service, Mr. Wolfson, have you ever seen the application of that database?

June 1st, 2012 / 8:45 a.m.
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Frank Zinatelli Vice-President, General Counsel, Canadian Life and Health Insurance Association Inc.

Thank you, Mr. Chairman. I am Frank Zinatelli, vice-president and general counsel of the Canadian Life and Health Insurance Association Inc.

I would like to thank the committee very much for this opportunity to contribute to your review of part 4 of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures. With your permission, Mr. Chairman, I would like to make some very short introductory comments.

The Canadian Life and Health Insurance Association represents life and health insurance companies, accounting for 99% of the life and health insurance in force across Canada. The Canadian life and health insurance industry provides products, which include individual and group life insurance; disability insurance; supplementary health insurance; individual and group annuities, including RRSPs, RRIFs, TFSAs, and pensions. The industry protects more than 26 million Canadians and over 45 million people internationally. The industry makes benefit payments of $64 billion a year to Canadians. It has almost $514 billion invested in Canada's economy, and it provides employment to nearly 135,000 Canadians. Finally, life and health insurers are regulated at the federal level under the Insurance Companies Act, and are also subject to the rules and regulations that are set out in provincial Insurance acts.

Mr. Chairman, we welcome this opportunity to appear before the committee as you seek to develop your report to Parliament. The industry is very supportive of some of the divisions contained in the bill. Let me comment briefly on two of these.

First, division 22 of part 4 would amend part III of the Canada Labour Code to require federally regulated private sector employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. This would require employers who have uninsured long-term disability plans to insure those plans so that in the case of bankruptcy, employees who are on long-term disability at the time of the bankruptcy will continue to receive those benefits as long as they are disabled.

The Canadian life and health insurance industry is very supportive of this legislative initiative. We believe it is critically important to ensure that employees on long-term disability are protected in the event of a plan sponsor's financial stress or insolvency. History has shown that when an employer becomes insolvent and its LTD plan is uninsured, disabled employees can sometimes lose benefits. We have had three examples of this happening in the last three decades.

Currently in Canada there is little regulation of uninsured LTD plans. There is no requirement that employers set aside adequate reserves to cover future liabilities arising from these plans. If reserves are set aside, there is no restriction on how those funds are invested. There is also no obligation to keep funds in trust to protect them from creditors. As a result, there are no protections in place to ensure that there are adequate funds available to support ongoing LTD claims in the event of an employer's bankruptcy.

Requiring that LTD plans be offered on an insured basis will provide the maximum protection for disabled employees, and will ensure that they are paid, regardless of their plan sponsor's financial situation. We believe this is the best route to address the protection of those on LTD. With insured plans, the risk and financial liabilities for providing the LTD benefits are transferred to the insurer. The insurer's responsibility with respect to disability benefits continues even when the plan sponsor experiences financial difficulties, or after the plan is terminated. Indeed, after a plan sponsor's bankruptcy, the insurer will continue benefits for disabilities that began while the group policy was in force.

In order to protect those on LTD, it is crucial that there be funds available to support all ongoing disability liabilities, even if the employer is bankrupt. We believe that the legislative initiative set out in division 22 of part 4 would be effective in achieving the public policy objective of fully protecting individuals on LTD.

As an industry we are making representations to provincial governments recommending that they make equivalent changes.

I will now turn briefly to one other matter. We note that division 2 of part 4 would amend the Trust and Loan Companies Act, the Bank Act, and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products. The provisions of the current legislation indicating that only life insurance companies can provide life annuities are relatively clear, and I see this as a technical amendment that will be helpful in reinforcing the rules and the policy objectives already in place.

The industry greatly appreciates this opportunity to participate in the committee's review of part 4 of Bill C-38. I would be pleased to answer any questions you may have.

Thank you, Chairman.

May 31st, 2012 / 8:15 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

We heard from Chief Atleo earlier that as far as consultations on the process in front of us today, he was completely unsatisfied.

Would you speak briefly on the process that brought us here today and the ability to fan out the concerns people have on Bill C-38? Do you think the process we have here is adequate?

May 31st, 2012 / 8:10 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

I share your concern. Thank you.

Mr. Steedman, perhaps I could ask you a question. Regarding the proposed NEB assessments under the act, interested parties are going to be defined as persons “directly affected by the carrying out of a designated project” or if the person has “relevant information or expertise”. We also know that under Bill C-38 the minister is going to have the power to dictate who should be defined as a directly affected person, therefore giving him the power to specify who will be allowed to speak, for instance, in pipeline reviews.

Given that the current minister and this government seem to have made unprecedented attacks against environmental groups, I'm really worried that this is quite an undemocratic principle. I'm wondering how you feel about the minister's ability to define “directly affected” persons, and what is your definition? Do you expect to have any conflict with the minister on this?

May 31st, 2012 / 8:05 p.m.
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Conservative

Randy Kamp Conservative Pitt Meadows—Maple Ridge—Mission, BC

I know partly what you don't agree with. Let me see if I can find some things that you do like in Bill C-38. There's clause 147 where it aligns the Fisheries Act with the Environmental Enforcement Act, so there will be increased fines, minimum fines and so on. Nod if you like this. Okay, he likes it.

There's a section on creating enforceable conditions for ministerial authorizations, because up till now we had no legal authority to make somebody do what they said they would do when they got the authorization. Do you think that's a good idea?

May 31st, 2012 / 7:30 p.m.
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Staff Counsel, West Coast Environmental Law Association

Rachel Forbes

I think I suggested in my main presentation that one of the themes we see in part 3 of Bill C-38 is a lack of respect for, or appreciation of, or knowledge of the fact that we live in an ecosystem. Labelling different types of fish, the ones that are commercially or culturally valuable, really ignores that those fish also rely on other fish and other aquatic species and plant species and a healthy ecosystem to live in.

Taken together, all of the amendments in part 3, particularly the ones with the new CEAA and Fisheries amendments, as well as the Species at Risk ones, culminate in this very closed perspective, as though each project happens in its own little room and doesn't impact anything outside of it. We don't look at cumulative effects properly. We don't look at biodiversity. We don't look at ecosystems.

This actually could help industry in the longer term. We need to take proper care of our resources if we want to use them for a longer term. We need to keep proper care of our water if we want people in agriculture or in the extractive industries to use water. We need it to be available.

We need to look at the bigger picture and how things actually influence one another.

May 31st, 2012 / 7:15 p.m.
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Conservative

Stella Ambler Conservative Mississauga South, ON

How would part 3 of Bill C-38 affect your stakeholders' ability to do business and create jobs?

What I'm getting at is to ask whether there is a downside. Or is there a part of the legislation that you think is really great in terms of your stakeholders' ability to create jobs? I'll stop there.

May 31st, 2012 / 7:05 p.m.
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Geoff Smith Director, Government Relations, Canadian Electricity Association

Thanks, Mr. Chair.

We often talk about natural resources being the backbone of Canada's economy, but rarely discussed is the central role that electricity plays in our daily lives. Every day CEA members generate, transmit, and distribute electricity to industrial, commercial, residential, and institutional customers across Canada. The energy we make, move, and sell is essential to our homes, hospitals, airports, and businesses, including needed power for resource development.

Founded in 1891, CEA's membership includes publicly- and investor-owned major electric utilities across the country, provincial system operators, power marketers who trade and sell electricity, and more than 40 companies representing various aspects of the electricity value chain. This includes technology providers; manufacturers of electricity meters, cables, and transformers; and representatives from the legal, financial, construction, and consulting fields.

While the integral role of electricity in our society seems fairly obvious, most Canadians take the convenience and reliability of our product for granted. That is likely a result of our industry's excellent record on reliability, of which we are very proud. You flip the switch and there it is.

Even lesser known are the attributes of our actual electricity grid in Canada. If you can just pretend for a moment that I'm Alex Trebek and it's time for final Jeopardy!, today's topic is electricity. Your clue: this percentage of Canada's electricity is generated from non-emitting sources. The answer is that over 80% of Canada's electricity today is generated from non-emitting sources such as hydro, nuclear, and increasingly from renewable sources such as wind, solar, and tidal.

As we move toward the future the demands placed upon our sector will result in innovation and cleaner use of fossil fuels, and extensive construction of other generation including natural gas, wind, solar, tidal, and other distributed generation—of course, all matched with enabling transmission and distribution infrastructure. Additionally, electricity will play an assisting role for other sectors that are also reducing emissions. I'm talking, of course, of electric vehicles and the transportation sector being a great example.

In addition to all of that, our reliable but aging electricity system, the grid itself, requires replacement and renewal. The Conference Board recently released a report projecting that $347 billion in investment will be necessary between 2011 and 2030. It's somewhat fitting that the significant investment in and transformation of our electricity system and its infrastructure is paralleled by the modernization of federal environmental legislation taking place today and through Bill C-38.

Individual CEA members are focused and committed to a vision of sustainability that includes environmental, societal, and economic considerations as part of a holistic approach to managing impacts. CEA's sustainable electricity program is the embodiment of this approach. It's a mandatory sector-wide sustainability initiative that measures performance in all three areas of sustainability. It is externally verified and guided by a public advisory panel comprised of several distinguished Canadians and chaired by the Honourable Mike Harcourt. The program is just one reflection of the commitment by CEA members to provide electricity to Canadians in a sustainable manner.

Our appearance today at the subcommittee is a suitable bookend to our presentation to the finance committee back in September. As part of pre-budget consultations we outlined some recommendations to the Environmental Assessment Act, the Species at Risk Act, and the Fisheries Act to help enable investment in the renewal of our system. That brings us to the changes we're discussing today in part 3 of Bill C-38.

I'm joined by Terry Toner. Terry is the director of environmental services for Nova Scotia Power, which is an Emera company. He chairs our CEA stewardship task group and is the vice-chair of several working groups we have with our friends at the Canadian Hydropower Association that focus on the Environmental Assessment Act and the Species at Risk Act.

I will call on Terry to join me to go into a little more detail.

May 31st, 2012 / 6:50 p.m.
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Rachel Forbes Staff Counsel, West Coast Environmental Law Association

Thank you for having me here this evening.

I am representing the West Coast Environmental Law Association. We are a B.C.-based environmental law, advocacy, and analysis organization. We are one of Canada's oldest environmental law organizations and have been providing legal support to British Columbians to ensure that their voices are heard on important environmental issues. We have worked to secure strong environmental laws in B.C. and throughout Canada for decades. West Coast Environmental Law was actually involved prior to during the drafting of CEAA when it was enacted. We have had a role on the environment and planning assessment caucus for years, as well as on the now defunct regulatory advisory committee. We have been actively involved in this round of review, repeal, and now replacement of the Canadian Environmental Assessment Act since the standing committee's review back in the autumn.

I don't want to be repetitive. I know you have heard a lot of submissions over the last few days. I'm going to start by saying we would also endorse the submissions of some of the other witnesses you have heard from, including MiningWatch Canada, the Assembly of First Nations, Ecojustice, and World Wildlife Fund Canada. There are others we would probably agree with in part.

I want to focus here on three different issues. We actually have one main recommendation for the committee. Then, being lawyers, we have a bunch of alternatives if the committee doesn't want to accept that one. I understand the four pillars of the government's responsible resource development plan are to create more predictable and timely reviews, less duplication in reviewing projects, strong environmental protection, and enhanced consultation with aboriginal peoples. We would also support those as part of a robust regulatory regime for environmental assessment and environmental regulation writ large. However, we don't think that part 3 of Bill C-38 accomplishes any of those, and we think that in some cases it actually hinders them.

We think that part 3 will actually result in weakened protection for fish and species at risk. An entirely new and actually less comprehensive environmental assessment process will see the federal government retreat from a strong role and smart regulations, not just from a lot of regulation. We think there are broad and seemingly unchecked decision-making powers given to cabinet and to ministers, which will result in less accountability and fewer opportunities for public participation and public oversight.

Can we still work towards those four goals that we all seem to actually agree on at the core, but which we have different ways of getting at philosophically? Yes. We think doing so would actually require a significant shift in the legislative process that is under way right now and a complete rewriting of part 3, and that goes to our first recommendation. It probably isn't a shock to anybody that we would hope the subcommittee would recommend to the finance committee the removal of part 3 in its entirety from Bill C-38. We would recommend conducting further scientific, factual, and legal studies and having fulsome, open consultation on amendments to the environmental assessment aspects of it, as well as on other environmental regulation, including that on fisheries and species at risk. That would include contemplated regulations, schedules, and other information that neither the public nor parliamentarians, to my knowledge, are privy to at this point.

After such study and consultation is complete—which in fairness I think would take months, not a couple of weeks—stand-alone bills could be introduced in the House and could go through a proper, legitimate process that actually gives people faith in the process and legitimizes it, regardless of what the actual contents of the bill and the act are. I think the process here and the review of CEAA that has gone on are flawed. Jamie Kneen touched on this the other night when he talked about referral to standing committee for a review, the process that happened at the standing committee, the dissenting reports from that, and then a lot of rhetoric that has ended up in a whole repeal and replace which is smushed into a budget bill where it doesn't belong. I think we need to step back and actually do this properly, regardless of what the content is or what one would say about that.

We believe that's the only way to ensure that the proposed new legislation is reviewed and modified in a fact-based, scientifically, legally defensible way. I know that some members of this subcommittee have spoken about the desire to move away from talking points and rhetoric in drafting a report. I would certainly endorse that. I worry that there's actually a lot of facts, science, and law missing right now that would hinder one's ability to write such a fact-based report. I talked about missing regulations and missing schedules. We haven't heard a lot about how this is actually going to be implemented, and I think that if and when it is implemented, it's going to lead to a lot of uncertainty. People have talked about that as well in terms of what this means on the ground to proponents. What does it mean to the public? What does it mean to first nations? Timelines are uncertain, the process is uncertain, public servants are probably uncertain, so I think things need to be thought out a little bit more thoroughly.

Should the subcommittee not take on our first recommendation, we would, as the alternative, ask that part 3 at least be delayed until regulations and schedules can be produced and people can review them properly. I think the one regulation that no one's heard anything about, the project list regulation, is really pivotal to understanding the legal, scientific, on-the-ground, economic and profit implications of the rest of this new act. It would really be a shame to see it introduced at the last minute and just thrown in without any consultation on it.

Related to this, another recommendation aims at increasing the transparency and accountability of the process. Just last year the Government of Canada signed onto the open government partnership, an international partnership to adhere to accountability, transparency, and open dialogue on controversial issues. While they have made some progress on that in terms of freedom of information, there's been a lot of things in this process, in reviewing and revising environmental regulation, that have flown in the face of that. Again, to put faith in the process, both from an environmental organization and a lot of proponents' perspectives, clearly, this proposed legislation is creating a lot of controversy. A lot of people are interested in it. We need to know more about it and where it's coming from, why it's so urgent. If it is so urgent, why weren't we doing it before when we were doing the review of CCEA?

Finally, our other main recommendation is that in drafting any environmental assessment and environmental regulation legislation, it should take account of the top ten principles for strong environmental law that West Coast Environmental Law and some of our partners released in February. These include things like smart regulation. We released the principles in February because we knew that changes to environmental assessment were coming. We are currently in the process of creating a report card for this bill and whether or not it matches up to those principles. Not surprisingly, we don't think it does, but we do think that working towards those principles—those are public participation, increasing the legitimate role for aboriginal peoples, and the sustainability approach.... In fact, the sustainability approach is a key one, because we see a lot of compartmentalization in the new CCEA 2012 and not a lot of understanding or respect for the fact that we live in ecosystems that are connected. That's not just in CCEA 2012, but in the rest of the bill as well.

You'll see in my written brief that we actually have ten recommendations that are small amendments to the existing part 3 of the legislation that we would like to see made if that part is goes forward. It's things like allowing the National Energy Board to retain its independence, rescinding proposed amendments to the Fisheries Act, and going back to the drawing board with those. It also includes some things about species at risk, permits, and retaining the current triggering approach for environmental assessment rather than going to a project list. There are some other ones in there.

I think I'm probably running out of time No? I can keep going. All right.

May 31st, 2012 / 6:30 p.m.
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Director, Freshwater Program, World Wildlife Fund (Canada)

Tony Maas

Thank you to the Chair, first and foremost, and to the members of the committee for the invitation to speak here today on part 3 of Bill C-38, the budget implementation bill.

As introduced, my name is Tony Maas. I am the national freshwater program director for WWF-Canada. We are, as I think most folks know, one of Canada's largest and oldest conservation organizations. We have staff and offices from coast to coast to coast. Importantly, our work is science based and it is solutions oriented.

I'll talk a bit about our freshwater program as context. Our overarching aim is really about protecting and restoring the health of aquatic ecosystems so that we and future generations can benefit from the many values they provide, whether that's clean water and recreational opportunities, or habitat for fish and water fowl.

With this as context, and given my area of expertise, I'm going to focus my comments primarily on changes to the federal Fisheries Act that are proposed in Bill C-38.

The Fisheries Act is widely recognized as one of the strongest legal tools that Canadians have to protect fish and their habitat, including the water that the fish depend on, water that needs to be of a quality that doesn't poison them, water that shows up at the right time and in the right quantity to maintain their habitat. This, of course, is the same water that we all drink and swim in and use in our recreation. So in addition to protecting fish and fish habitat, the act has provided an extra layer of security around the water resources that we all depend on.

Is the act and how it's currently administered perfect in my view? Well, no, actually it's not. I think there's plenty of room for improvement. But the opportunities for improvement relate largely, in my mind, to how it is applied in a management context, not to the fundamental principle of protecting fish and fish habitat—which certainly holds water today more than ever, given that the numbers of endangered fish across the country continue to grow, and pressure on our rivers, lakes and wetlands mounts.

Let me give you three specific concerns relating to the changes to the Fisheries Act proposed by Bill C-38. First is the narrowing of the act's scope to include only commercial, recreational, and aboriginal fisheries. Creating a system that is based on determining what rivers and lakes deserve protection means, by definition, that some will be left without protection under the act. Does this mean, for example, that wilderness waterways that are not presently fished by commercial or recreational interests or aboriginal peoples get left out? What about streams that are currently being restored to support future recreational fisheries? There's a lot of hard work, including work by our own organization, and dollars that go into restoring the great ecosystems with the intent of having viable recreational and sport fisheries.

So my point is that while the terms “commercial”, “recreational”, and “aboriginal” fishery are defined in Bill C-38, the complete lack of detail on what the scientific basis and decision-making process used to establish which fisheries and waters are in and which are out makes it very difficult to assess the impacts of these changes and what they will mean on the ground.

Our second concern is the shifting of the rationale for prohibition from harmful alteration and destruction of fish habitat—which I'm sure that we in this room all know as the HAD provision—to a test of serious harm defined as “the death of fish or permanent alteration or destruction of habitat”. This would shift the litmus test from a precautionary approach based on accumulated expert scientific advice concerning potential impacts of a project or undertaking to an as of yet scientifically undefined test of serious harm and permanent damage. Again, I'm not saying these new terms cannot be defined by science, but I do assert that when it comes to management and protection of natural resources, like the fisheries and the ecosystems that sustain them, a clear definition of foundational scientific concepts and criteria should proceed, not follow, legal and policy reform.

Finally, our third concern is the exemptions and delegation of responsibility. The provisions in the act that allow for the exemption of certain works, undertakings, and activities, and certain fisheries or waters have the potential to significantly undercut the important influence of scientific experts in the civil service who have the required knowledge to properly assess the impacts of a project and the sensitivities of particular habitats and waters.

On the issue of delegation, I believe there's significant benefit actually in working with provinces and territories to make implementation of the Fisheries Act more efficient, and I would observe that many delegation arrangements already exist to allow provinces and territories—and in the case of Ontario, where I live, the conservation authorities—to administer authorizations under the act. It is unclear, however, what if any additional responsibilities are contemplated for provinces and territories under the changes proposed in Bill C-38 and, more importantly, whether the provinces and the territories—and in the case of Ontario, where I live, the conservation authorities—have the capacity, particularly in these uncertain economic times, to take on additional responsibilities without additional resources.

For me, what is more concerning about the delegation possibilities in the proposed bill is the potential to also allow for delegation to industry or developers the responsibility to authorize adverse impacts on fish and fish habitat, which ostensibly is leaving the fox in charge of the hen house. Such authorization should remain in the hands of government agencies that are by definition bound to make decisions in the public interest.

I'll wrap up with a few more comments that are largely related to the process by which the changes to the Fisheries Act are being brought forward. I noted at the outset that we as an organization are solutions based. The success of our solutions is very much a product of our efforts to create and sustain diverse and often challenging relationships and partnerships that cut across civil society, government and, most importantly, often business and industry.

I believe the process by which the changes to the Fisheries Act, and for that matter, changes to environmental regulations more broadly, are being brought forward through the omnibus budget bill stands to undermine the very important progress that has been made over the last 20 to 30 years in developing strong, functional partnerships between industry and NGOs. Businesses—at least those that we have worked with—recognize the importance of ensuring and enhancing their social licence to operate.

Strong environmental laws are a foundation of this social licence to operate. They allow industry to function knowing that they have the support of Canadians because governments have ensured that rigorous protections of our environments are in place. When we erode those protections, in my view we begin to erode the potential for businesses to operate in a sustainable way in this country.

If I can leave you with just one message, it is this. Improvements to administration of the Fisheries Act do not require the significant changes to legislation proposed in Bill C-38. They are of a nature related to management functions and those can be resolved without these reforms. To that end, I would finish by urging you, the members of this committee, to use your influence to separate the reforms to the Fisheries Act from Bill C-38 so that they can be addressed in a timely but thorough manner through a reasoned multi-stakeholder and, importantly, a science-based consultation process, so that we can together work towards the goal of creating solutions to protect and restore the health of our remarkable freshwater fisheries and the habitats and ecosystems that sustain them.

I thank you for your time. I look forward to your questions.

May 31st, 2012 / 6:25 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Thank you, Mr. Chair.

I agree with you. I think this is about democracy. It's called a parliamentary democracy, and that's how our country was started. Parliamentary democracy means Parliament is supreme, and in this particular case Parliament is made up of the supremacy of Conservatives. I, for one, agree with all of the things that are in Bill C-38.

I think it's a great bill, and I have been out with the marching band since I got elected eight years ago, in front of this piece of legislation, wanting it for a long time. I can promise you that the 72% of my constituency that voted for me are behind me too, and that includes 1.7 million people who travel back and forth between Fort McMurray and other places in this country, including the young man who gave me a hug on the plane the last time I came, which was last weekend, from Newfoundland. He told me we were doing a great job and this was a great budget. I had never met that man before, but he gave me a hug. I thought it was a little weird too, but it was on the plane. And I hope he didn't hear that.

Just to let you know, it is about democracy, and we at this particular time are the people who are able to pass these laws. If you look back to when we were a minority government and we had the economic action plan—which included the largest rollout of infrastructure this country's ever seen, at $45 billion—guess who voted against all of those initiatives: every bridge, every road, every job that created? It was the NDP that voted against it.

So you can make promises and you can talk about things here, but when it comes to voting, that's when it comes down to the brass tacks. I do think there's a fundamental difference in philosophy and theory.

I have a couple of questions.

Mr. Noël, you mentioned we should take into consideration seniors and older people. I have a population with an average age of 29. A lot babies are born in Fort McMurray. There are a lot of babies in my riding. Not only that, but there are a lot of industrial accidents, because I have the highest proportion of males in the country, and they all work very hard, and they work in an industry in which there are accidents. Should those kinds of things be considered in the health care costs as well, not just the demographics of the populations, but things like young adults? Having babies is expensive. Should things like industrial accidents be included?

May 31st, 2012 / 6:20 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

But I'll say to you that the Council of Canadians came into existence because of our fears for democracy at the time. It was framed around the free trade agreement, right or wrong, whichever way it went.

I think Bill C-38 has a more damaging effect on Canadian democracy today than anything I've seen since the 1980s. This is a huge bill that is about to force changes in law, in the laws that govern us, the laws for the protection of Canadians in food inspection, the environment, retirement security, employment insurance, and many, many other areas of the operations of our government.

Now, as you see...and members on the other side, I'll offer this to you: as we see our witnesses come in, the successive groups that have come in are a little bit like we are. We get a little testy because we're tired, but they're also starting to recognize the impacts of Bill C-38 and the potential problems.

I appeal to the government side to really honestly look into yourselves and think about what we're about to do here. Really consider it. Put the partisan stuff aside. All of us should do that.

We are at risk of doing severe damage in several areas of our country. We can debate it. We can go back and forth. I think that you are actually people of reasonably good will, overall, from my experience with you, but we are failing Canadian by taking this approach. We have to do better. The future of our country is hinging on several areas of this. You may agree or disagree on the environmental changes, but they're not getting the look they deserve and that Canadians deserve to have us take. We are not able to do our due diligence.

In the future, when they look back at this particular government, they're going to say that was the one single major failure: that they impeded the due diligence of MPs.

If anybody wants to comment, go ahead, because I'm done.

May 31st, 2012 / 6:20 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Thank you, Mr. Chair.

If you saw me furiously typing here, I was trying to collect my thoughts just a little bit, because we've been at this for a long time.

We've heard many times from the government members, and I'm not disputing their claims, but they talk about how this is not the largest budget bill, and that's a fact. They speak primarily of previous budgets of their own as far as the number of pages go, but it almost misses the point, because witness after witness and organization after organization here at these hearings has raised concerns about Bill C-38. They see Bill C-38 for what it is: it's a major offence to Canadian democracy.

May 31st, 2012 / 5:40 p.m.
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Anil Naidoo Project Organizer, Council of Canadians

Thank you.

Good evening. I want to thank the committee for inviting us to present.

My name is Anil Naidoo. I am here on behalf of the Council of Canadians, which is over 25 years old, with tens of thousands of members across every province and territory, and with chapters in almost 80 communities across the country.

To give you a sense of the organization, we take no corporate or government money, and therefore we feel we are able to speak independently in the interests of our members and the broader public interest, as we see it.

For full disclosure, the Council of Canadians is assiduously non-partisan, with members from every political party, but I took leave to stand as a provincial candidate for the NDP in the last Ontario election.

The council's campaigns are focused on water, trade, public health care, energy, as well as sometimes carrying forward our members' concerns around issues of democracy and social programs.

Right now our chairperson, Maude Barlow, is travelling around the Great Lakes, holding town halls to protect this most precious body of water, and we are simultaneously hosting a mining conference in Vancouver.

Over our 25 years we have held meetings across the country on the Canada-EU free trade agreement, medicare, bottled water, and many issues of concern to Canadians and our members.

Personally, I am highly focused on the issues of water and want to note that Canada had an important breakthrough on Tuesday when this government recognized the human right to water and sanitation at the United Nations Rio+20 negotiations. The council has been advocating for the human right to water for the past ten years, internationally, as well as pressing successive Canadian governments at home. We are pleased to have been part of the campaign to get the UN to recognize the human right to water. Canada joining the international community is clearly a positive step forward.

Recognizing the human right to water is in the public interest, but we believe those parts of Bill C-38 that deal with water are not. The bill contains amendments to acts related to environmental assessment, fisheries, parks, navigable waters, not to mention cuts to front-line programs at Environment Canada and decades-long monitoring programs studying the health of our lakes, effluent monitoring, and water use efficiency.

I know that others, including former Progressive Conservative Minister Tom Siddon, have presented many of these concerns to you already, so let me suggest that what this process is asking you to do as members of Parliament I believe is untenable. To try to assess, in a matter of mere hours, the impacts of the profound changes to 70 acts of Parliament contained in these 420 pages is in itself daunting, but it is even more complicated than this. Each paragraph impacts whole laws, which are themselves massively complex, as you know.

We should not expect members of one committee to be asked to pass judgment on whether these changes are in the best interests of Canadians. In your situation, I would appreciate more time before making such major decisions regarding these myriad acts and changes. Even a short bill of a few paragraphs, such as Bill C-36, would have a fuller review.

We all know that in one form or another, majority governments get bills passed. This is not the issue. The issue is whether members of Parliament, including Conservative members, get the time to grapple with the issues, suggest constructive changes, and are confident when they vote that they are representing the broader interests of their constituents. This ultimately goes to Canadians being able to have confidence in our system of government.

Right now, people are losing confidence in politics—you know this—and I believe the reactions you are seeing to Bill C-38 are only going to build if there is no political solution to address these types of concerns. Our system is based on convention and tradition, and I believe this bill, while legal according to the letter of the law, does challenge the spirit of our parliamentary system.

I also want to address the framing of this bill. I believe that if we are truly focused on jobs, growth, and long-term prosperity, we must be focused on the environment as the foundation of a healthy economy and society. The environmental legislation we have currently is not frivolous. It was deemed necessary by previous members of Parliament and governments. The threats to our environment are now enhanced, as you all know, not diminished.

I'm asking you to send this piece of legislation back and ask for more time and thought to be put into the implications, and to ask for the consideration that you need to do your job as members of Parliament the way that we, as Canadians, expect you to do it. I know that many other witnesses would also join me in supporting you, if that were your recommendation.

Thank you.

HousingAdjournment Proceedings

May 31st, 2012 / 5:30 p.m.
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NDP

Marie-Claude Morin NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, before the budget was tabled, I asked the minister what she intended to do when a number of financial agreements between the federal government and housing co-ops and non-profit housing organizations expire.

She replied that the government was making investments in new social housing, including renovations for 21,000 seniors and 415 projects for persons with disabilities. However, I have still not been given an answer about existing social housing.

Almost all social housing built before 1994 was covered by long-term financial agreements with the federal government. These subsidies ensure that low-income renters can pay rent that is geared to income. With the expiry of these agreements, many renters will suffer because their rents will double or even triple.

There is nothing for social housing, nothing for affordable housing and nothing for the renewal of operating agreements for housing co-operatives and non--profit housing organizations in the 2012 budget or the famous Bill C-38, which is a real Trojan Horse.

There is nothing to help the more than 1.5 million households, or 13% of all Canadian households, that have core housing needs or that do not have access to decent housing that they can afford. The 21,000 people who received help from the government represent just 1.4% of all households that do not have access to affordable housing.

I have a hard time believing the government when it says it is investing in social housing. What is more, the budget makes no mention of social programs, including homelessness and housing, although there is a real need.

The City of Montreal, the Union des municipalities du Québec and the Federation of Canadian Municipalities all made requests of this budget, but all those requests were ignored. Unfortunately, there is still no long-term investment plan for housing. A petition was tabled in the House of Commons two weeks ago calling on the federal government to provide the necessary funding to renovate, improve and modernize all social housing.

I would like to know why the federal government did not allocate any funding to social housing in its budget, in order to help renters affected by the end of these subsidies. At the same time, I would also like to respond to the parliamentary secretary's question about why the opposition never supports the government's initiatives in the area of social housing.

I would answer that it is impossible for us to support initiatives that will help only 21,000 people, when there are over 1.5 million households that need assistance. Conversely, why does the government present initiatives that do not meet the needs of more Canadians?

May 31st, 2012 / 5:30 p.m.
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Karen Wirsig Communication Policy, Canadian Media Guild

Thank you very much.

My name is Karen Wirsig. I'm the communications coordinator for the Canadian Media Guild, a union that represents 6,000 media workers across the country. Thank you for inviting me to appear before you today.

Bill C-38 is a massive undertaking that changes an astounding number of pieces of legislation to enact a budget that itself makes fundamental changes to what our government does and how it does it.

It's inappropriate, in our view, that this budget implementation bill covers substantial legislative changes in a number of areas, including old age security, employment insurance, and environmental protection. More study, opportunities for public involvement, and transparency would be possible if such changes were dealt with under separate bills.

In this context, the elimination of the Canadian Artists and Producers Professional Relations Tribunal and the shifting of its responsibilities to the Canada Industrial Relations Board is not particularly momentous, as I think Alain pointed out. Although details are scarce on how these changes would be enacted in practice, we urge the government to ensure that the CIRB has both the resources and the expertise needed to deal effectively with the issues that have come before CAPPRT in the past and to address its existing files at the CIRB in a timely manner.

I'd also like to take a few moments to talk about the impacts of other budget and Bill C-38 measures on the lives of cultural workers in Canada.

Over the next three years, $191 million is slated to be cut from Canadian heritage programs. Included in this are disproportionate cuts to funding for CBC/Radio-Canada, Telefilm, and the National Film Board. Not only will this shrink opportunities for cultural workers and diminish a vibrant sector of our economy, but the obvious corollary is that Canadians will have fewer opportunities to see and hear ourselves and our stories on our screens and radios. For individual Canadian artists to thrive in our vast and diverse country, institutional supports—including our public broadcaster, film funding agencies, and museums and performance spaces—are essential.

Looking at the planned cuts to CBC alone, we see the disappearance of regional music recording facilities and production assistance. That is causing great concern, especially within the legendary music scene of Newfoundland and Labrador. CBC music producers, recordings, and live broadcasts have helped nurture regional and national music scenes that contribute both to our identity and to our economy. Because of the drop in funding, CBC is also planning to close the only TV production studio in Canada east of Montreal, the home of This Hour Has 22 Minutes, in Halifax. This country would not have a TV production sector without significant government supports, starting with the CBC.

We urge Parliament to examine its support for Canada's cultural sector with a view to reinvesting in the institutions that anchor artistic and cultural expression in the country. Later this year, the Canadian Radio-television and Telecommunications Commission will hold public hearings to renew CBC's broadcast licences. Tens of thousands of Canadians are already participating in a “Reimagine CBC” project. Canadians know that our stories, our diverse cultural experiences, and our ideas rely on public institutions such as the CBC to flourish.

We also know that the cultural sector contributes enormously to our economic well-being. For example, Deloitte and Touche found last year that the $1.1 billion the government has been giving CBC translates into $3.7 billion in economic activity in this important sector. The guild is very concerned that the government is backing away from national public support for culture.

Finally, I have a few words on how other measures in this bill will affect cultural workers. Proposed changes to old age security will primarily affect lower-wage Canadians who don't have a workplace pension. Artists and cultural workers in Canada are too well represented within this group. With the changes to OAS, these lower-wage workers will spend more of their later years struggling to put food on the table. This country needs a decent pension plan for all types of workers—union and non-union, employees and the self-employed. The planned changes to OAS move us in the wrong direction.

Further, the changes to EI are very troubling and will affect our own members who, along with 19,000 federal public servants, are being thrown out of work as a result of the cuts in this very budget. Employment insurance is a plan we all pay into. We rely on it to be there in critical times. It should not be considered the same as general revenues. It's a public trust with a specific mandate, and changes must be made with great care and much consultation among the people who pay into it.

The changes to the definition of an acceptable job and the reduction in benefits to those in higher unemployment areas essentially serve to reduce access to much-needed benefits for unemployed Canadians. Furthermore, the changes to the appeals process stand to create even more delays for Canadians who challenge a denial of benefits. In effect, you are telling workers not to bother appealing, thus giving up on an insurance system they pay into. This feels like a naked cash grab.

With all of the changes in this omnibus bill, the government is provoking widespread anger as more Canadians feel the pain of economic injustice. The polarizing effects of this approach may well lead to situations and consequences that the government hasn't foreseen and cannot control.

Thank you.

May 31st, 2012 / 5:25 p.m.
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Linda Silas President, Canadian Federation of Nurses Unions

Good afternoon.

I am president of the Canadian Federation of Nurses Unions. The CFNU represents close to 160,000 nurses working in hospitals, in nursing homes, in homes, and in our communities.

I thank the committee for providing us this opportunity to appear. I have to say that it reminds me of my days in the emergency room, when we didn't know what would come through the door. Nowadays we don't know what kind of invitation we will get overnight. We rushed to prepare for this.

We will focus on health care, of course, and add our voice to those who are critical of the omnibus nature of this bill. We would ask that non-budget-related items be removed from the bill.

I will focus on the December 19 announcement by Minister Flaherty in regard to the size of Canada's health transfer until 2024, which is in part 4 of this bill. The announcement came as a surprise to every health care stakeholder, and I would say to every premier in this country, because of the Speech from the Throne one year ago, which said:

Our Government is committed to...working with the provinces and territories to ensure that the health care system is sustainable and that there is accountability for results. It will maintain the six percent escalator for the Canada Health Transfer, while working collaboratively with provincial partners to renew the Health Accord and to continue reducing wait times.

Let's build on the words “working collaboratively”. Bill C-38, part 4, is unilateral, and does not go in the spirit of the health accord. The bill does not maintain the 6% escalator. Instead, it will reduce five years later, potentially by half. Nor does this bill make any reference to a plan or accountability framework for the billions that will be transferred to the provinces for health care. Nor does it provide a framework for the redesign needed in our health care system.

Bill C-38 means two bad things for Canadians: the same old same old debate about health care, and a race to the bottom on services. We have population growth, aging, the use and cost of medical technology, the increase in drug costs, and inflation in general. Plus, hospitals across this country are working at over 100% capacity when the safest level for improving patient outcomes and containing costs of overtime, hospital-acquired infections, etc., is closer to an 80% capacity.

We need to improve access, quality, and service across the continuum and across this country. We need federal leadership on a redesign of our health care system. Provinces and territories have good intentions, but they cannot succeed on their own, and they cannot succeed in bending the cost curve on their own.

We are a land of successful pilot projects. It is time this changes. The federal government needs to be at the table for fostering prototypes for positive change and providing leadership, coordination, and cooperation to ensure a race to the top in terms of health care excellence.

I'm sure you share, as federal MPs, the desire to make it right for all your constituents. You do not want your constituents to fall behind. Well, in the absence of a stronger federal role in coordinating health care, you will find gaps in your community. If you live in Alberta, it's one of the best places in Canada if you need home care. But if you're like me and you come from the Atlantic provinces, it is the worst place, because it has the most expensive medication.

We are not alone in reaching this conclusion. The Senate committee reviewed the 10-year accord and concluded that we know what reforms are necessary, and now we need governments, including the federal government, to set up and create the initiative to propel transformation change. A report commissioned by Health Canada on March 2, 2012, just a few months ago, said the same thing.

We ask from this committee that Bill C-38 be amended to ensure that the 6% escalator clause is there for 10 years, followed by an extensive review, and that funding be tied to the new accord being negotiated, which will include accountability for progress towards shared objectives. We also recommend, because health care is not alone here, that the escalator for the Canada social transfer be the same size as the Canada health transfer here.

Some of you will ask how the federal government will afford this. Well, in my last recommendation we urge the committee to study taxation, and as a part of this study to look both at the impacts of tax cuts on Canadians' well-being and at the possible benefits of taxation, such as a financial transaction tax.

Thank you.

May 31st, 2012 / 5:20 p.m.
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Alain Pineau National Director, Canadian Conference of the Arts

Good afternoon. Thank you for the honour of inviting me to testify before you on behalf of the arts, cultural industries and heritage institutions from coast to coast.

My name is Alain Pineau, national director of the Canadian Conference of the Arts, which was created in 1945 by, among others, members of the Group of Seven. The CCA is a nonprofit, nonpartisan organization composed of members representing nearly 400,000 professionals in the arts, culture and heritage throughout the country. The perspectives that the CCA brings to questions of cultural policy are broad and long term. The unique contribution that CCA brings to public debate has been recognized by 46 years of financial support from the federal government.

The abolition of the Canadian Artists and Producers Professional Relations Tribunal and the transfer of its functions to the Canadian Industrial Relation Board is one of many amendment to other acts found in Bill C-38.

The Tribunal was created in 1993 under the Status of the Artist Act. That act governs professional relations, that is, labour relations, between self-employed artists and the producers who retain their services. It grants the exclusive right to negotiate scale agreements with producers. A scale agreement specifies the minimum terms and conditions under which producers engage the services of, or commission works from, self-employed artists in a specified sector.

Some of our members were concerned that the Canada Industrial Relations Board may not understand artists' issues and unique working conditions. We were comforted on Monday night when we heard heritage officials confirm that some of the tribunal expertise will be moving to the board and that decisions will be based on the Status of the Artist Act and on jurisprudence accumulated since the creation of the tribunal.

Maintaining the Status of the Artist Act as a basis for decision is what matters; whether the CIRB or the current tribunal decides on issues should not matter all that much. I will note that Quebec has taken a similar path in the administration of its own status of the artist legislation, and without any negative repercussions.

To sum up, given the guarantees provided by the government, this specific aspect of Bill C-38 is not of major concern.

This said, within the time allotted to me I would be remiss not to use this unique opportunity to raise areas of greater concern in the budget.

Like so many others, we rejoice in the fact that the parliamentary appropriations to the Canada Council have been spared. The CCA is a strong protagonist of the importance—for our economy, our quality of life, and our international reputation—of investing in artists and creators.

This being said, a reality check shows that, in constant dollars, parliamentary appropriations to the Canada Council on a per capita basis have actually declined somewhat between 1990 and 2010. Obviously, given this renewable and non-polluting resource, we need to make more efforts if we don't want to miss opportunities to invest in Canadian creativity.

Cuts in the audiovisual sector will have repercussions on the whole production sector in Canada. These cuts have many people, including the Quebec Minister of Finance, worried about the impact on the ecology of the system. Cutting 10% to Telefilm Canada, the NFB and the CBC's budgets, not to mention the cumulative effects of past restrictions not yet absorbed, means breaking the balance between creation, public money and private investments. These public funds are often used for productions and for research and development that cannot rely on private money. We also emphasize that documentary filmmaking, a genre for which Canada has earned an international reputation, is particularly at risk.

There is reason to rejoice in the fact that the budgets of the national museums were also spared, but the cuts to Library and Archives are major and widespread. Daniel Caron, librarian and archivist of Library and Archives Canada, is quoted today as saying that “the new environment is totally decentralized and our monopoly as stewards of the national documentary heritage is over”. This is troubling.

Archivists, a group not particularly prone to terrorism, have risen in protest to defend the budget of $1.7 million for the national archival development program, which is very important for future historians and researchers. It is ironic that as we celebrate the War of 1812, a founding moment of our history too long neglected, and as we prepare to celebrate the 150th anniversary of our country, we have to fight such small battles in the fields of history.

Several other budget cuts will jeopardize the strength of a complex sector that is so important in the knowledge and creativity economy. I will mention just a few: severe cuts to Statistics Canada, where the last remains of the culture statistics unit, which was formerly highly regarded internationally, are disappearing; the elimination of the Cultural Human Resources Council and the abandonment of its programs; and cuts to the Canadian Music Fund that will weaken an industry that has already been undermined.

Dear members of Parliament, I thank you for your attention. I will be happy to answer any question.

May 31st, 2012 / 5:15 p.m.
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Alain Noël Full Professor, Department of Political Science, Université de Montréal, As an Individual

Thank you.

Thank you for inviting me. I am appearing today in my personal capacity, but also as a professor of political science who has been working for several years on subjects like the architecture of Canadian social programs and transfers, the issues I have been asked to address today.

I will start by saying I was a little reluctant to accept this invitation. I was sceptical about the possibility of a real discussion of a bill like Bill C-38, which is very long and lumps together a large number of very important issues, and which seems to have been passed precipitously. I decided that I could at least come and share that impression with you and comment briefly on the division I was asked to address—and I am glad there is only one: division 17 of part 4, which deals with changes to the Federal-Provincial Fiscal Arrangements Act.

Included in that division are two provisions relating to the Canada Health Transfer. In both cases, those measures had already been announced. The first provision involves allocating the Canada Health Transfer on a strictly per capita basis starting in 2014, and no longer using the value of the tax points transferred in 1977-1978. I will come back to this later. The second provision deals with the ceiling, starting in 2017-2018, on the growth of the Canada Health Transfer, based on economic growth. The two measures are very different, but they reflect the federal government's withdrawal from preserving our health care system, as well as a particular idea about redistribution across the federation.

We will start with the second one, which is probably the most important: the ceiling on growth based on economic growth. I will simply say that in order to evaluate that decision, that measure or approach, we have to understand where we are coming from, in Canada. We have to understand that the role of the federal government in health care funding was originally defined by the idea of the costs being shared equally by the federal government and the provinces.

In fact, there was never really equal sharing, but in 1976, the federal government did contribute 38% of health care costs paid. In 1980, that contribution fell to 25%. It declined considerably starting in 1995. We will recall that this was the year when the federal government took draconian measures to eliminate the public deficit. In 2000, the federal government's contribution to health care funding was a mere 10%. We have gone from a 38% contribution in 1976 to a 10% contribution.

In the first decade of this century, the Government of Quebec established the Commission sur le déséquilibre fiscal, the Séguin Commission, of which I was a member. The commission's purpose was to review all transfers within the Canadian federation. At the same time, the Romanow Commission was proposing that we return to a 25% financial contribution to ensure that the federal government continued to play its role.

By making growth in the federal transfer dependent on economic growth, we are instead moving toward a 19% contribution, which would be a step backwards. This measure is going to create a further fiscal imbalance in Canada and lessen the possibility of the federal government participating in broad policy directions in the health system.

The per capital allocation is also a measure that is far removed from the origins of our health care system. It completely separates needs from funding. It is an allocation that will essentially favour Alberta at the expense of virtually every other province.

In conclusion, I would recommend keeping a link between growth in health spending and the federal contribution, first.

Second, I would recommend that needs be taken into account, possibly by taking into account the number of seniors in the provinces.

With respect to my third recommendation, I have not talked about it, but we could come back to that in the discussion. It is that this also be reviewed in light of the equalization program, on which a ceiling was also imposed in 2008, which makes the mechanics of redistribution much less effective in Canada.

Thank you.

May 31st, 2012 / 5:10 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting back to order. I ask that all witnesses and members of Parliament find their seats, please. We have another panel and another hour-and-a-half session.

We are continuing our discussion of Bill C-38, the budget implementation act. We have another six panellists during this session.

We want to thank all of you for being here. We are a little bit behind time because we had to have a brief meeting prior to the last panel, but we want to thank all of you for coming in.

First of all, we have

Alain Noël, who is a professor in the Department of Political Science at the Université de Montréal.

Welcome.

We also have with us the Canadian Conference of the Arts, with Monsieur Alain Pineau, national director; the Canadian Federation of Nurses Unions, with Linda Silas, president; the Canadian Media Guild, with Ms. Karen Wirsig; the Canadian Museums Association, with executive director John McAvity; and the Council of Canadians, with Mr. Anil Naidoo.

You each have up to five minutes for your opening statement. We'll proceed in the order that I've read to you.

We will begin with Mr. Noël.

You have five minutes.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 4:55 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I would like to start by saying that I have the honour of sharing my time with the hon. member for LaSalle—Émard.

Today we are discussing the motion regarding the proposed changes to the employment insurance system. This motion is a wonderful initiative from my colleague from Hamilton Mountain. This issue is very important to the people in my riding of Chambly—Borduas, who are concerned for many reasons that I will list today.

The first reason is that the changes will require daily proof of job searches. At the same time, job seekers will receive job offers via email. I addressed this issue earlier by asking a question to my colleague, but I would like to discuss it a little more.

In my riding, one of the municipalities, Marieville, is experiencing a problem that many citizens and even the mayor, Alain Ménard, have had the opportunity to tell us about. It is a matter of access to the Internet. This is not a rural municipality; it borders the greater Montreal metropolitan area, on the south shore. People have noticed a big problem. They have tried to get help from the CRTC to improve digital Internet services in the region. Increasingly, different types of Internet services are being required, and people in rural areas have a hard time accessing them. This is particularly true in Marieville, which is in my riding.

The reason why this is relevant here is that, as I said, we are talking about sending job offers by email, but not everyone has access to the Internet. It goes without saying that, often, people who have lower paying, less stable jobs—which is often the case for people who are receiving employment insurance benefits—cannot necessarily afford Internet access, even if they live in urban areas where Internet access is easy to obtain. It is therefore hard to see how these job offers will help people.

It is said that people who cannot afford to pay for Internet access can go to the municipal library, for example. However, this presents another problem that was again pointed out to me by the people of my riding and that has to do with the municipal library in Saint-Basile-le-Grand, where I live and where my office is located.

The municipal library offers excellent services but, unfortunately, it is going to have to reduce the services and Internet access it provides as a result of cuts to the community access program. This was an excellent program that was renewed every year in the budget. It did not just help community organizations, but also municipal libraries. These are very important tools for young people and people with low incomes who cannot always afford such luxuries.

When cuts were made to this program and this service was reduced, once again, people found themselves in a situation where they have one less way of accessing the Internet. This is one of the problems. When we look at the problems this is creating in my riding, we can see why these changes are of such great cause for concern.

The other situation, which my colleagues have addressed many times today in the House, and which I will address again to discuss how it applies to my riding, is seasonal work in tourism, agriculture and other areas. Workers in these sectors have to rely on employment insurance during the off season, especially in tourism, which is very significant in my riding. I am thinking about the city of Chambly, where one attraction is Fort Chambly, a Heritage Canada-recognized site run by Parks Canada. Many tourists from across Canada come to see it. From what we heard in the Standing Committee on Canadian Heritage a few weeks ago, it is one of the most visited Parks Canada sites in the region and in Quebec during the summer.

Jobs there are filled by seasonal workers, who work in tourism of course because many of the tourism programs do not operate during the winter.

These people will not only have to look for another job, but they will have to accept a job that pays less than Parks Canada has been paying them at Fort Chambly.

What is more, in the same bill, the Trojan Horse that is Bill C-38, the government also proposes cuts to Parks Canada that will cause even more problems at Fort Chambly. They knew for weeks that there would be significant cuts to this heritage site in my riding.

This heritage site is suffering a double whammy, not to mention the negative impact on the employees who work at this site during the summer season.

Aside from tourism, there is also agriculture. Although my riding is located between urban and rural regions, on the south shore of Montreal, there are still some farmers in my riding. The work they do is extremely important. This work is very interesting, because it is focusing on sustainable development. These people will have to cut back on their work in this extremely important field for environmental reasons. Their system will have to be completely transformed in light of the proposed changes. I am thinking in particular of wine producers and all kinds of agricultural producers who are not necessarily in my riding but who are in the greater Montérégie area. This will have a negative impact on them.

Incidentally, up until now, I have focused mainly on employers—people who provide services. We often hear that workers have contributed to this system and that they are entitled to use it, but the employers have also contributed to this system and have the right to be defended.

Therefore, it is important to point out that employers will also be punished by the proposed changes. Some will have to close their doors or points of service because the people they depend on to do the work will not return to their former jobs if they are forced to look for other seasonal jobs. At some point, workers will want a certain amount of stability.

If I leave my seasonal job for minimum wage work that is more regular, as required by these changes, it is hard for me to see why I would jump from job to job. This will also punish employers. I believe that it is very important to point this out.

Many business people came to my office to see me this past week, after these changes were announced. Before I am told that it is not true, I would like to give a specific example. I had the opportunity to speak with Ms. Larose, whose husband, Mr. Bélisle, owns a company in Mont-Saint-Hilaire, in my riding, and employs six seasonal workers. The company is called Irrigation Pro-Jet and it will have to close if the proposed changes are introduced. That is the perspective of one businessman.

Small and medium-sized businesses will be adversely affected, and workers will also be negatively impacted.

It is extremely important to point out the negative impact this will have on small and medium-sized businesses and on employers. I hope I have refuted the specious argument that we do not defend employers' interests. It is in their interests as well to prevent these changes.

That is why I am proud to support the motion of my colleague from Hamilton Mountain and to oppose these illogical changes that are harmful to our society.

May 31st, 2012 / 4:45 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Thank you, Mr. Chair.

Thank you to the witnesses for coming today. I found it very interesting, indeed.

Mr. Jackson, after our last visit together at the committee for justice and human rights on Bill C-10, which was not that long ago—I enjoyed that thoroughly as well. I was hoping you'd come out on Bill C-38 and be very positive in relation to some of the measures we've taken in this particular bill. I'm basing that on your interest in aboriginal rights and aboriginals and freeing them from poverty.

I'd invite you up to Fort McMurray to take a look at what's going on there. We have 300 very successful aboriginal businesses in the area. Syncrude has a workforce of 1,200 people who are aboriginal—14% of the workforce. They have a pro-aboriginal hiring policy. So does Suncor, with 9% of their workforce being aboriginal, another 700 to 800 people.

To give you an example, one of the bands in the area, Fort McKay, has 600 members, and their businesses did $440 million in sales last year. The aboriginals in my area are doing very, very well.

They are going to do very well indeed under Bill C-38, because of course we have regulatory approval that has been fine-tuned. You don't have a one project, one review situation in Canada; you have 27 reviews and one project, usually, which take up to 8 to 14 years, and now we're looking at a two-year limit.

So I thought you would come out very positively about what this budget is going to mean to aboriginal Canadians, because of course most of these reviews will be in ridings and areas with 90% aboriginals.

Saying all of that, I appreciate all the work you have done. Of course, you are one of the most well-known prisoners' rights advocates in the country. Thank you for your comments today.

In relation to Mr. Turnbull, you mentioned that you thought health care should be an equivalent service to all Canadians and of equivalent quality?

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 4:40 p.m.
See context

Liberal

Lise St-Denis Liberal Saint-Maurice—Champlain, QC

Mr. Speaker, in Bill C-38, the Conservative government is attacking Canada's employment insurance system. Not content with gutting almost all of our country's social programs, the Conservatives have decided to make yet another reform, without consultation.

Employment insurance plays an essential role in this country by providing a safety net, as flimsy as it may be, to protect against the ups and downs of the market economy. Canada is such a large country that fluctuations in the economy generally create some degree of dissonance from one region to another. Thus, the realities of the fisheries on the country's east coast have little to do with those on the west. The same holds true for forestry development and the tourism-related service industry.

We have always been faced with regional disparities, which become less pronounced in periods of prosperity and more pronounced in periods of crisis. Thus, the unprecedented economic crisis that western economies have been experiencing for the past few years has served only to further accentuate the economic difficulties of some regions of Canada. No one here, in this time of crisis, has spoken about maintaining the status quo in applying the Employment Insurance Act. As legislators, members of Parliament in this House are all aware of their responsibilities, which are all the more important in these times of fiscal restraint.

However, questioning the employment insurance system in this time of crisis cannot be done without a minimum amount of consultation with subject matter experts, the political class concerned and the social groups that provide front line, essential services to people who are looking for work.

The Conservative government is forgetting the human tragedies resulting from the loss of employment in the regions. The thousands of unemployed workers who are receiving employment insurance benefits are getting only a fraction of their former salaries, which negatively impacts the resources available for community development.

This most recent EI reform, which attacks labour force mobility and the prerogative of job seekers to use their skills, does not take regional realities into account at all. What is more, the change to the definition of suitable employment ignores the minimum measure of dignity that must be included de facto in this type of program.

We built these programs to help the unemployed and meet the minimum needs of individuals and communities in crisis. Today, the current government is attempting to redefine the relationship between citizens and the state by introducing fundamental ideological messages within these reforms of Canada's social security system. The government does not have the mandate to redefine the role of the state and the social programs that are definitely part of our national identity. Our mandate is to make the country work in spite of the inherent differences resulting, in part, from its vastness.

This employment insurance reform is an attack on seasonal workers, and will force them to move in order to take jobs for which they have few or no qualifications. The government wants to force people, by imposing mandatory wage cuts for the jobs to which they apply, to go into areas of the labour market that are foreign to them. The fisher or forestry worker must now redefine suitable employment and trust an employment insurance system that denies the seasonal economic reality of these industries. The Conservative government is introducing reforms without serious studies of the economic and social consequences.

By reducing administrative employment insurance appeals, the government is ensuring that any impulse to appeal is nipped in the bud. The government is saying no to consultation and no to appeals.

On the east coast, in Quebec and the Maritimes, large sectors of our economy are subject to seasonal employment rules.

The Conservatives' announcement on EI reform upsets an already precarious balance for the people working in the fishery, forestry and tourism. Failing to consult local decision-makers, economists, the opposition and social groups about this reform shows the Conservatives' lack of sensitivity toward the regions and reveals beyond a doubt their ideological rigidity that draws on theories from another century that are no longer current in a complex and ever-changing world.

Changing employment insurance without consulting the local communities is contemptuous and disregards the historic reality of this country and its regions.

We cannot forget the successive structural crises that have affected our fisheries and our forestry and held them hostage in the international regulatory no man's land for which the Conservatives have such an affinity.

Legislating the changes proposed by the Conservatives without consulting Canadians is symptomatic of a government that relies blindly on market forces.

We have a duty to bring in reforms, because the government must be the people's watchdog when it comes to crises that shake up the world every so often. We must bring in these reforms while remaining focused on restoring regional economies, which have been abandoned by this government, which still believes in the principle of natural justice at a time when government intervention is crucial to social cohesion.

In closing, I would remind the members opposite that our economic performance today and our national security depend heavily on a government that engages with its people and its institutions. Believing that these EI reforms will fix regional inequalities and give jobs to the unemployed is magical thinking.

Before making any changes to the EI system, the Conservatives have a moral obligation to help rebuild the regional economies that have been devastated by globalization, technological changes and environmental degradation. The proposed EI reforms are unequivocal proof of this government's lack of vision and realism. Furthermore, this reform could deprive regional economies of the temporary foreign workers needed to work in seasonal industries.

This extremely symbolic displacement of workers forced to apply for jobs within a one-hour commute of their homes will affect the structure of seasonal employment in the regions. Without a doubt, we need to examine the costs involved in this kind of reform, by highlighting the real economic contribution that seasonal jobs make to our communities, and to work on creating economic programs that will support local economies.

May 31st, 2012 / 4:20 p.m.
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Executive Director, Canada Without Poverty

Rob Rainer

That's correct. Senator Eggleton's and Senator Segal's report had a recommendation for an in-depth feasibility study of essentially expanding the system of basic income or guaranteed income in Canada.

The second point is that the research is pretty solid in terms of investing in early childhood learning and education, and the return on that investment is in the area of nine to one. Children are our most vulnerable and also our most precious resource, and as the UNICEF report on child poverty has made clear this week, we are doing poorly as a country. So there's a lot more we could be doing in that area. I think the federal government has a profound role, not just through early childhood education but obviously through adult learning as well.

There's lots we could be doing there, and we are not having the kind of discussion and debate in this country on those kinds of issues that we should be having. Instead, I think we are getting sidelined by some lesser concerns, such as are wrapped up in Bill C-38, which is just an absolute hodgepodge of issues that we can't possibly do justice to.

May 31st, 2012 / 4:15 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Bill C-38 is going to have a profound impact in terms of money and personnel. They're looking to have these savings. How will that impact transformation? Doesn't it make sense to look at this and say that we see a potential problem or that this has significance when it comes to what we want to do?

May 31st, 2012 / 4:15 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Thank you.

I want to follow up briefly on Mr. Casey's question. He asked if there had been any investigation of the impact of Bill C-38, because we know that it is going to profoundly impact the entire social safety net of Canada. Would it not make sense, or is it not prudent, to look at that bill and estimate or think about what the impact is going to be on veterans?

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 4:10 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am very pleased to rise in the House today to speak in favour of the motion put forward by my colleague from Hamilton Mountain.

There are many grounds for such a motion, but I want to situate the Conservative government's effort to restrict access to EI in a broader and historical context that is as something that is ruinous for our country, that is harmful to so many of our citizens and that has to be abandoned before we lose sight of the kind of country Canadians hope for and deserve.

In doing so, I want to talk about the very real impacts of these proposed changes on the city in which I live. That is Toronto.

Urban communities have a specificity, which warrants special consideration when we talk about employment insurance, and Toronto has a particular place in this story.

I will begin with this proposition, which I hold to be true and the vast majority of Canadians, irrespective of their own economic status, hold to be true.

If there is a symptom of what ails our country, it is the re-emergence of income disparity. I say “re-emergence” because, yes, we have seen these conditions co-exist before, private affluence and largely public squalor, but many decades ago.

Those who previously recognized the injustice of this, and the generation or two that succeeded them, made great efforts to escape such circumstances by erecting barriers against income disparity.

Employment insurance was one of those very important barriers erected for this purpose, but now the Conservative government, freed from the constraints of minority government status, is returning us to that place.

To be fair, we have been trending in this direction for a while now. The current government, in many respects, is following in the footsteps of those that came before it. I have spoken in this House a number of times before about how this trend has reshaped my city socially and economically over the last number of decades.

Periodically, this trend seems to be accelerated. Certainly this was done by the savage budget and EI cuts of the Liberal governments in the 1990s. And, certainly it has been accelerated by the corporate tax cut schedule, initiated by the Liberal government, but gleefully picked up, extended and implemented by successive Conservative governments. Now, with the current government and Bill C-38, the foot is firmly planted on the accelerator, hurtling this country downhill, back to a place we wisely made efforts to escape before.

To be sure, it is not all about what is in Bill C-38. Just two nights ago we were all here in this chamber to witness another assault on free collective bargaining, another effort by the Conservative government to undermine the very deliberate, purposeful role that unions play in ensuring the redistribution of corporate surplus to working people and to the creation of a middle class and the consequent revenue base to sustain the kind of goods and services that are properly delivered to Canadians by government; health care and public pensions being the most obvious of these.

The condition of extreme income disparity is certainly a fully Canadian one these days. Canada has the seventh greatest level of income disparity among the OECD's 29 member states, as we know.

However, it is in urban communities in particular that we see affluence and poverty existing cheek by jowl. The condition that afflicts us is most conspicuous by the near and sometimes total absence of infrastructure across great expanses of urban space. We have come to a point in our collective impoverishment where we talk about the existence of food deserts in the city of Toronto.

This social and economic reshaping of our cities reflects dramatically changing labour markets across the country and particularly in Toronto. In the past 10 years, there has been a 59% increase in the number of temporary and contract jobs across the country. These changes have been particularly acute in Toronto, where there has been a 68% increase.

While Toronto had lost well over 100,000 manufacturing jobs before the recession, it has seen a dramatic increase in the number of jobs paying less than $10 per hour. This has led to the rapid increase of working poor in Toronto.

While the Conservative government has taken the position that there is no such thing as a bad job, let me quote from the Metcalf Foundation's recent report entitled, “The 'Working Poor' in the Toronto Region”.

It states:

Although work can provide a ladder out of poverty, this is not always the case. In the Toronto Region, an increasing number of people are both employed and living in poverty. The highest concentration is found in the city of Toronto. We call them the working poor. They live in a region with the highest cost of living in Canada.... They live in a region with the second most expensive housing market in Canada. In this high-cost environment, earnings from a job – even full-time – may not be sufficient to escape poverty.

Indeed, it is not. What we have seen in the Toronto region is an increase in this population of the working poor of 42% between 2000 and 2005, which again is pre-recession.

Employment insurance has failed to stem this tide of income disparity. What has become clear is that employment insurance rules have not kept up with shifting labour market realities. Professor Leah Vosko expressed this succinctly in her report in support of the Mowat Centre's recent study on employment insurance. She said:

A notable overarching finding is that EI’s entry requirements disfavour part-time workers. For instance, in urban areas and metropolises, where entry requirements tend to be highest, more than 50 per cent of workers in this group do not meet the 700 hour threshold.... Insensitivity of regular benefit requirements to the changing nature of employment in this formula contributes to disentitlement of workers falling outside the norm of the full-time permanent job in low-unemployment regions where workers in part-time and temporary forms of employment face high entry requirements.

In Toronto, fewer than 25% of unemployed workers are actually eligible for EI benefits. This is far less than the national average for eligibility, which hovers just above 40%, which is a problem in and of itself. It also compares, woefully, to the pre-Liberal reform levels, when 56% of the unemployed workers in Toronto were eligible for EI benefits and nationally were somewhere in the range of 80%.

It is into this context of these social and economic conditions, of people trying to find work, of people working but still in poverty, of people having nothing to catch them when they fall out of work, that the current government sees fit to tighten eligibility for employment insurance to force people into jobs that would not allow them to keep themselves or their families out of poverty.

How does this make any sense? How in the world can this be considered to be wise policy? In whose perverse economics text can one find such prescriptions for building a prosperous society? In whose strange imagination is this reflective of the kind of society we should be building here in Canada?

The fair and just thing for us to do in our role here is to amend EI, but in a manner that would provide meaningful income security to Canadians in all parts of this country in all labour markets when they lose their jobs, in a manner that would allow Canadians to maintain their dignity in the face of misfortune, in a manner that would facilitate and expedite re-entry into meaningful, productive and, yes, good jobs, and in a manner that would build a barrier against that which ails us most in this country these days: income disparity.

These are the kinds of policy criteria that reflect the generous, compassionate and prosperous Canada that Canadians really want us in this place to build.

May 31st, 2012 / 4:10 p.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Sorry, Mr. Chair, I'm just going to question your ruling that this is in order. My colleague Mr. Menegakis had mentioned that this motion is related to Bill C-38 and that those applications continue to be processed. You said that it wasn't, but I'm actually looking right at this motion and here it is referenced right in front of me. I would just question your ruling on that, and if you declare—

May 31st, 2012 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

It's not on Bill C-38.

May 31st, 2012 / 4:05 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Chair, I don't believe we're debating Bill C-38 here today.

May 31st, 2012 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Thank you, Mr. Chair.

Having said that, the biggest concern that I have with this particular budget is related to something the minister spent a great deal of time on, and that is the whole issue of the federal skilled worker program. I've addressed this issue inside the House of Commons in the forum of question period, believing that the minister is wrong to delete the applications. I think it's a serious mistake. This committee needs to be aware of that mistake, and it's something that should be debated, Mr. Chairperson.

What I'm going to do at this time is propose a motion. I would move that the committee request that the finances to be allocated for the refund of pre-February 27, 2008 federal skilled worker applications, as outlined in Bill C-38, not be expended and that those applications continue to be processed.

I have copies in both English and French I could provide the committee members with.

May 31st, 2012 / 4:05 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Hillier, at the last meeting I tried to get this committee to look at the changes that are coming through under Bill C-38 to the statute that deals with veterans pensions. Are you able to explain what they are?

May 31st, 2012 / 4 p.m.
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Professor, Faculty of Law, University of British-Columbia, As an Individual

Michael Jackson

Nowhere in any of the reports that were the foundation for Bill C-10 or in any submissions to these committees by officials from the parole board was there any recommendation, not even a footnoted hint, that a further far-reaching amendment to the CCRA would be introduced. Yet what is now before you, just a few months after the passage of Bill C-10, buried deep in a 400-page budget bill, is a change to the correctional legal landscape that, in its impact on constitutional rights, eclipses anything passed in Bill C-10.

The second reason flows from the first and relates to the constitutionality of the amendment to the CCRA contained in division 37, clause 527. This would abolish the right of an offender whose parole or statutory release has been suspended to an in-person hearing before the parole board to determine whether to cancel the suspension or revoke the parole. Henceforth, these parole decisions will be based on a file review only.

Bill C-38, in abolishing the right to an in-person hearing and providing for only file reviews, violates section 7 of the charter. In a consistent and hitherto unchallenged line of cases decided by both provincial superior and federal courts dating back to 1982, it has been held that section 7 of the charter gives a suspended offender the right to an in-person hearing when the issue of revocation is being determined.

The violation of section 7 that the proposed amendment would cause has not and cannot be demonstrably justified as a reasonable limit on a constitutional right. The only reason given by the government for the legislative change is to save costs. As Federal Court of Appeal Justice Mark MacGuigan, himself a former Minister of Justice, stated in R. v. Howard, “Convenience and justice are often not on speaking terms.”

In my written brief, I have provided this committee with a more detailed understanding of the factual and legal context and consequences of parole suspension and revocation and the crucial importance of the in-person, post-suspension hearing. This will explain why the courts have concluded that this hearing is a fundamental principle of justice.

The great majority of parole suspensions are not based on the parolee's reoffending for a serious crime of violence, or indeed for any crime, but for allegations of breach of a condition of parole. The alleged breach of conditions contained in a parole officer's report, which constitutes the primary file document upon which the parole board reviews these cases, is often based upon information contained in police reports. Without an in-person hearing, the reliability of this information cannot be properly tested.

I have provided the committee with examples of actual cases that demonstrate the importance of the in-person hearing, and where without the right to such a hearing the offender's parole would almost certainly have been revoked unfairly and needlessly, in many cases resulting in many more years' imprisonment.

The importance of the in-person hearing is not limited to ensuring fairness to the offender. The likelihood that the board will have before it accurate and complete information and relevant arguments needed to make decisions regarding the risk to public safety is considerably enhanced by the in-person hearing. Hearing the offender in person, therefore, is an essential element of the process. It permits fairness to the offender while making it possible for the board to accurately assess the risk to the public.

The third and final reason, to my alarm, is that the amendment will disproportionately affect aboriginal offenders, who as a result of systemic discrimination have lower rates of conditional release and higher rates of revocation. In its recent decision in R. v. Ipeelee, the Supreme Court reaffirmed its decision in R. v. Gladue that the courts must take into account the special circumstances of aboriginal offenders. The board has previously, to its great credit, responded to the challenge by introducing elder-assisted hearings. The hearing is held in accordance with aboriginal protocol, in a circle, and the board-appointed elder counsels the offender and provides advice to board members. The involvement of elders also provides a valuable opportunity to introduce traditional teachings and the positive involvement of aboriginal communities.

Bill C-38, by abolishing post-suspension hearings, would extinguish the possibility of an elder-assisted hearing in the post-suspension context. In doing so, Parliament will be aggravating, not alleviating, the systemic discrimination referred to by the Supreme Court, and that discrimination has been referred to as a staggering injustice.

I urge this committee to reject clause 527 of Bill C-38.

May 31st, 2012 / 3:45 p.m.
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Rob Rainer Executive Director, Canada Without Poverty

Mr. Chair and members of the Standing Committee on Finance, on behalf of our team at Canada Without Poverty, our directors, honorary directors, staff, volunteers, and supporters, and on behalf of those to whom Canada Without Poverty amplifies their voice on matters of their very survival, thank you for the opportunity to appear before you today to speak with respect to Bill C-38.

Our central concern is the eradication of poverty in Canada, getting at the roots of this problem and dealing with them head on, not just because it's the right thing to do but because it's the wise thing to do. As you may know, poverty costs Canada to the tune of some $72 billion to $86 billion per year, about 5% to 6% of our GDP. That's the dollar cost, but in the past week alone, we have learned that people in low-income neighbourhoods are twice as likely to die from preventable causes as people in high-income neighbourhoods. That undercuts families, communities, our economy, and our prosperity. We are all poorer as a result. As you know, you only have to walk less than a block off Parliament Hill before this problem is there before you and all around us.

Nonetheless, we are curious as to why we are appearing before you once again after our last testimony on September 28. At that time, in response to pre-budget consultations, we made but one recommendation: for the federal government to set targets and timelines for poverty reduction and elimination, and to study all fiscal mechanisms, federal as well as intergovernmental, available to help reach these targets and lay out options for your committee's consideration and consultation. That recommendation wasn't heeded in the budget, which is strange, as it represented an essentially costless request with the potential for a great payoff for the country. But you did ask us to appear today, so I will answer through the lens of poverty in Canada.

In short, Bill C-38 scares us, like it is scaring a lot of Canadians. Governments are supposed to provide calm to the people, not sow fear. A bill like this renders fear because there is so much consequential stuff in it, with decision-making power being handed to far too narrow a group of people—bureaucrats and cabinet members—with elected representatives largely cut out of what should be a healthy debate on a wide range of issues.

It is worth knowing that “omnibus” is derived from Latin and means "for everything".

The overarching concern is captured with these words: “Omnibus bills subvert the Parliamentary process by denying members of Parliament and the Canadian public the ability to fully study or understand the drastic changes currently being made to our laws without proper study or scrutiny.” For that reason, you must stand against this bill and address its many dozens of substantive components with the due care they deserve, that Canadians deserve.

What is the government's purpose, and in addition, what is really in the public interest in centralizing power in the PMO? What indeed, when staff are not elected and when it has been demonstrated time and time again that regulations rarely are held truly accountable to Parliament?

If you recommended that Bill C-38 be passed, you would recommend to your colleagues that they remove their oversight of matters that directly affect your constituents. We don't think MPs were elected to delegate their powers of oversight, transparency, and accountability. Substantive issues such as the innumerable ones encompassed in this bill should go to Parliament on the recommendation of government to be debated and potentially passed. What's happening here is the reverse.

It is worth noting there are more questions about this bill than of the distinct society clause in the Meech Lake accord. When the compromise, the Charlottetown accord, was put to a vote, it failed in major part because, as in Bill C-38, there was so much in it that in time various groups and interests became opposed to select parts.

As John lvison of the National Post wrote on May 23:

...as you remove the outer layers of the bill, you discover potentially far-reaching policy shifts that have no business being in any budget, far less being scrutinized by the finance committee.

Bill C-38 adds to the current air of instability, especially among those who very specifically live day to day from hand to mouth.

For example, one, the bill gives authority to the Minister of Human Resources and Skills Development to increase the age of eligibility for old age security and the guaranteed income supplement, a move that will definitively injure those who most need OAS, the poor or almost poor who are approaching the age of 65.

Two, permitting regulations to be made concerning what constitutes suitable employment is troubling considering that the Minister of Finance believes there is no bad job, when the swelling ranks of the working poor would suggest otherwise.

Three, there are dramatic operational changes to social security tribunal hearings, with very real risks that those who have the right to old age security, the Canada Pension Plan, or employment insurance benefits may be unable to effectively claim them.

Four, eliminating the National Council of Welfare undermines the identification of the most promising approaches and solutions to poverty.

Mr. Chair and members of the committee, we have only asked for a plan to combat poverty, not for even more uncertainty than there is now. We've been living with uncertainty for a long time.

We remind the committee of the now infamous 1989 parliamentary resolution to eliminate child poverty by the year 2000, but with no plan behind this intention. UNICEF has recently reported that Canada's child poverty rate is 13.3%, placing us 24th of 35 developed countries on this very telling metric of progress.

We do have hope with the new all-party anti-poverty caucus, a “Canada without poverty” inspired concept. Perhaps you can also rethink how your own caucus can operate and report back to Parliament.

In conclusion, Bill C-38 offers zero consolation to those who face the evil effects of falling into the ditch while a misguided policy reform was implemented. Bill C-38 is, simply put, a power grab. The right thing to do, as we hope each of you will agree, is to break this bill apart.

Thank you.

May 31st, 2012 / 3:40 p.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Maybe it's something the committee wants to look at in the future. That is, a better alignment between the fee revenues that we bring in and the cost of delivering these programs. I personally don't think that the Canadian taxpayer should have to subsidize the operations of the department, which are essentially providing a benefit to both our visitors and our immigrants. I know those people are prepared to pay the actual cost of processing their applications for the privilege of visiting or immigrating to Canada. That's something I would underscore.

Let me just say, Chairman, that we have launched a kind of initiative of what I would call transformational reform in our immigration policies, the objective of which is to achieve much better economic outcomes through immigration. For too long we have seen too many immigrants dropped into the Canadian labour market to sink or swim, with too many of them, quite frankly, struggling to keep their heads above water. We have a rate of unemployment among newcomers that is substantially higher than that of the general population.

We have noticed that immigrants with a university diploma experience a rate of unemployment that is approximately four times higher than in the general population here in Canada. Furthermore, unemployment among new Canadians is more than 10%. In an economy where there are labour shortages, that's paradoxical. We accept more than a quarter million immigrants each year in an economy where we are experiencing labour shortages. And yet many of these immigrants, including economic immigrants who are chosen based on their human capital, are underemployed in our economy.

There are several reasons for that. The purpose of our reforms is to improve economic opportunities for new Canadians so that, to the greatest extent possible, they can arrange to have employment prior to arriving in Canada. We want to increase the percentage of economic immigrants who already have a job before they come here. Through our recent analysis of the Federal Skilled Workers Program, we noted that those who have already secured a job before arriving in Canada have average earnings of $80,000 after their third year in the country. That is twice as much family income as for immigrants who arrive without an arranged job.

To improve economic outcomes for immigrants, what is needed is a system which is quick, flexible and efficient—one that allows us to be proactive in recruiting and selecting immigrants. The system we inherited and that we have been managing for a number of years now is somewhat rigid and very slow. It has a backlog and application processing times are unacceptable. That is why we have been focussing on speeding up the system.

The only way we can get to a faster and more flexible system is to deal decisively with the huge backlogs that the current government inherited. I know the committee did a very helpful report on backlogs. You understand the issue well. This explains the context of the powers that are proposed in Bill C-38, including returning some 100,000 pre-2008 applications in the skilled worker program inventory. That will allow us to go from processing times of several years to processing times of a few months, meaning that employers, provinces, and others will be able to go abroad and actively recruit people who have the skills to be able to work at their skill level upon arrival, with the confidence that they will be admitted in Canada, if they're qualified, within a matter of months.

This summer we're also looking at pre-publishing a new points grid for the federal skilled worker program based on our extensive consultations. The revised grid is likely to place greater emphasis on the youth of immigrants because younger immigrants tend to do better, and on higher levels of language proficiency for those who want to work as licensed professionals, for example. We'll certainly privilege those with pre-arranged employment in Canada, moving them to the front of the line.

We also hope to create a new skilled trades stream, a very exciting innovation. In the past many years, skilled tradespeople effectively could not make it through the skilled worker program because it required high levels of post-secondary education and advanced language proficiency. But the new skilled trades stream will allow the welders and advanced construction workers and so forth, who have those skills that we need in our economy, to come here at a lower level of language proficiency. There will be a dedicated stream carved out for them to complement what's really happening in the success of the provincial nominee programs.

Moreover, with the powers proposed in Bill C-38 to move towards the creation of a pool of pre-qualified applicants, which can be drawn down from by employers and perhaps provinces through their provincial nominee programs, they will be able to identify critical labour shortages, go into that pool of pre-qualified applicants, figure out who meets their criteria, and bring them in as much as possible with pre-arranged employment.

We will also, of course, be moving towards a pre-assessment of the relevance of the education of applicants for immigration to our labour market, so we no longer bring people in whose degrees and diplomas are unlikely to be recognized by Canadian professional licensing bodies or employers.

Eventually we hope to get to a situation similar to that of Australia, where we're able to do a pre-assessment of credentials for licensed professionals that might be administered by the national bodies representing the

provincial regulatory bodies.

Finally, we have already launched consultations with a view to reforming immigrant investor programs. As I said many times, I don't think Canada realizes what huge potential it has as a destination for immigrant investors. We are now looking at ways to attract people who are able to make much more significant investments in the Canadian economy. And we are open to any ideas the committee may have as to how to carry out this reform.

I'll close with this, Mr. Chairman. These are just some of the many reforms we're making to improve the economic outcomes of immigration, to make the experience of immigrating to Canada better for newcomers and better for Canada. We are determined to get to that fast, flexible, and more efficient system as soon as we can.

I want to commend my officials for working sometimes quite literally overnight on both the policy reforms and the operational changes necessary to get there.

Thank you very much.

May 31st, 2012 / 3:40 p.m.
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Aurel Braun Professor, University of Toronto, As an Individual

Thank you very much. I would like to thank this committee for inviting me to speak to you. I tremendously appreciate this opportunity.

I will speak to only a small section of Bill C-38, and this is division 33 of part 4, the decision to close out the International Centre for Human Rights and Democratic Development. That is my concern as the former chair of what was commonly known as Rights and Democracy.

I must say that at one level this has been a difficult process for me, because I spent much of my adult life engaged in trying to protect human rights, to promote democracy. It had certainly been a key part of my life for three years, but eventually I had to come to the conclusion that Rights and Democracy, as an organization, had some fundamental structural and process problems that went back all the way to its original drafted legislation.

It had an inadequately defined structure. It turned out to have been a recipe for problems. For two decades, contrary to certain urban legends, Rights and Democracy lurched from crisis to crisis. We did our best to fix it, but it involved misunderstandings and distortions from the very beginning of its foundation in 1988.

There were particularly two myths that developed. One was that Rights and Democracy was an independent organization. I think it's very important for us to understand that Rights and Democracy was not an independent organization. It was taxpayer funded. It was, from the beginning, a shared governance agency, a “short-arm” agency. It had to operate within the parameters of the policies laid down by the government of the day, and it was responsible to Parliament. It was not an NGO.

Second, throughout its history, there was the myth that it was some non-partisan organization. It was meant to be. This was what was shocking when I came in. In fact, what I and others found with Rights and Democracy when we came in three years ago was that it was an organization run, wrongly, as an independent NGO, with private ideological philanthropy representing a narrow ideological perspective. Using public funds was pursued as if it were an entitlement.

I have no objection to anyone privately funding or privately speaking up for any particular cause, but it's something else when taxpayer money is used for particular private political and ideological philanthropy.

The result was that you had a distorted and hopelessly contradictory organization that functioned very poorly in the 1980s and 1990s, and it was certainly the wrong vehicle at the wrong time to deal with the crucial issues of human rights and promotion of democracy in the 21st century.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 3:25 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we must recognize that there are literally tens of thousands of seasonal jobs of many different variations. These are good jobs that Canadians have depended on for many years. What the government has done is it has gone through the back door on Bill C-38 and has tried to make significant changes that will destroy lives, that will cause a great deal of anxiety for not only the individuals directly affected, but also for their family members.

Would the member provide her thoughts with regard to how this will be damaging for many smaller rural communities in particular that are very dependent on seasonal industries for their survival?

The EnvironmentOral Questions

May 31st, 2012 / 2:30 p.m.
See context

Thornhill Ontario

Conservative

Peter Kent ConservativeMinister of the Environment

Mr. Speaker, I remind my colleague opposite that legislative improvements to the Canadian Environmental Assessment Act in 2010 did go some distance toward eliminating duplication in environmental assessments. However, we would build on that with Bill C-38 and we have introduced timelines. We would also contemporize processes under the National Energy Board and the Canadian Nuclear Safety Commission. We would strengthen and improve what was already in place.

The EnvironmentOral Questions

May 31st, 2012 / 2:30 p.m.
See context

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, the problem is that it is now 2012.

Other Conservatives are against Bill C-38, including voters and the hon. member for Kootenay—Columbia.

The government claims that overlap in federal and provincial jurisdictions is creating delays and unnecessary costs. That is absolutely not true. An internal document prepared for the Minister of the Environment confirms that there has been no overlap since last fall.

What, then, is the real reason behind the government's decision to dismantle environmental assessments in Bill C-38?

The EnvironmentOral Questions

May 31st, 2012 / 2:30 p.m.
See context

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, on the contrary, this bill will create a lot more uncertainty.

There was a time when the Conservatives thought it was very important to protect the environment. That is why the Mulroney government implemented the Fisheries Act, which the Conservatives are trying to destroy today.

Yesterday, the former Conservative fisheries minister, Mr. Siddon, told the subcommittee that responsible parliamentarians would withdraw these changes from Bill C-38.

Will the Minister of the Environment listen to his Conservative colleague and split up this irresponsible bill?

Fisheries and OceansOral Questions

May 31st, 2012 / 2:25 p.m.
See context

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, the measures we have introduced in Bill C-38 would allow Fisheries and Oceans Canada to focus its efforts in a practical, sensible way on managing threats to Canada's recreational, commercial and aboriginal fisheries. I know he likes to use former minister Siddon to criticize this new direction we would take here, but let me read this for him. It states, “The policy applies to those habitats directly or indirectly supporting those fish stocks or populations that sustain commercial, recreational or Native fishing activities of benefit to Canadians.”

Who wrote that? It was the Hon. Tom Siddon in the 1986 habitat policy that is still in force here in Canada.

The BudgetOral Questions

May 31st, 2012 / 2:20 p.m.
See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, at the C-38 hearings, the Conservative majority is pushing through dozens of pieces of legislation with little study. With 753 clauses, that is just three minutes of study per clause.

Now even former Tory ministers are testifying that Conservatives railroading these changes through are wrong.

Last night it got even worse. The Conservatives voted to block bringing ministers back to testify. Why will they not come back? Is the Minister of Natural Resources afraid he will be called on his boast about drinking from tailing ponds?

The EnvironmentOral Questions

May 31st, 2012 / 2:20 p.m.
See context

Thornhill Ontario

Conservative

Peter Kent ConservativeMinister of the Environment

Mr. Speaker, my colleague forgets that on the first day that the subcommittee met to consider Bill C-38, all three ministers met, the Minister of Fisheries and Oceans, the Minister of Natural Resources and I. We provided two hours of enlightenment to an opposition that was hard-challenged to come up with questions material to the subcommittee's work.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:55 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, we are in the House to discuss a motion by the official opposition concerning employment insurance.

Our motion essentially asks the Conservative government to abandon its plans to further restrict access to employment insurance. The proposed changes arise from Bill C-38 to implement the budget. In addition to containing no job creation measures and triggering the dismissal of tens of thousands of public servants, the latest Conservative budget tightens access to employment insurance by giving the Minister of Human Resources and Skills Development the authority to create new rules to define what constitutes “suitable employment” and “reasonable and customary efforts to obtain suitable employment.” That appears in a budget of more than 400 pages.

Incidentally, the minister refuses to provide all the details of her reform, but is asking us to vote for Bill C-38, which will give her the authority to change the employment insurance plan as she wishes. She is in fact asking us to sign a blank cheque.

We do not have all the details of this reform. However, on May 24, the minister tried to clarify the government's intentions in part, although without disclosing all the details. Essentially, unemployed workers are now more than ever being compelled to find a job outside their area of activity and their area of residence.

We also know that the government will establish three classes of workers based on the frequency with which they file employment insurance claims. After receiving benefits for a certain period of time, unemployed workers will be required to accept lower-paying jobs or else their benefits will be reduced. Frequent claimants, who have filed three or more claims and received more than 60 weeks of benefits in the past five years, will, after a period of time, be required to accept jobs at 70% of their previous earnings. We find those changes unacceptable for a number of reasons.

The main problem with this reform is that it disregards the fact that many businesses operate on a seasonal cycle, particularly those in the tourism, agri-food, forest and other sectors. Seasonal industry makes a major contribution to economic activity. What would Lac-Saint-Jean be without forestry? Where would eastern Quebec be without the fisheries? What would Quebec City and a number of Quebec communities be without the economic contribution of tourists? These industries and the workers who support them contribute to the economic growth of Quebec and the rest of Canada. It is essential that the federal government acknowledge through its programs that these sectors are important and legitimate.

For lack of adequate coverage by the employment insurance program, many workers are abandoning these sectors of activity, leaving business people without skilled workers. For example, Le Quai des Bulles, a Kamouraska business employing a dozen seasonal workers, is afraid it will lose workers as a result of the reform. It is important to understand that 26% of employment insurance claims are filed by seasonal workers, and 30% of those are Quebeckers.

I will be pleased to continue my speech after question period.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Liberals understand that the changes the government is bringing forward would have a devastating impact on tens of thousands of Canadians. We believe that the government is using the back door to implement these changes in Bill C-38. That is most unfortunate. We should be allowed to have a full, healthy debate in the House on separate bills as opposed to bringing in the changes in Bill C-38 through the back door. That is one point I would appreciate the member's comment on.

The second point is about the uncaring attitude of the government with regard to individuals who, in essence, ensure that industries are viable. They may be seasonal jobs, but they are important too. We need to emphasize that all jobs, even seasonal jobs, are important. The Canadians filling those jobs should be recognized and appreciated for their efforts, not penalized by the government taking action of this nature, which is going to hurt Canadians more.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:40 p.m.
See context

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I am not at all pleased to be rising in the House today. In general, I am happy, indeed very happy to be here, but I am less happy to have to debate this issue.

I will say at the outset that I will be sharing my time with my colleague from Rivière-des-Mille-Îles.

I would like to go back a few years in time to the root of the matter to remind hon. members that the problem we are facing today has been fabricated. It has been created by those who are now exploiting it for the purpose of making decisions that are truly contemptuous of Canadians in general, more particularly Canadians who are currently having trouble finding a job.

If, a few years ago, the Liberal and Conservative governments had not dipped into this fund, which Canadian workers paid into out of their own pockets, it would now stand at more than $50 billion and not be an underfinanced fund of less than $2 billion. Now, the government can exploit the idea that the fund needs attention because it will be short of money. It can say that people are abusing this paltry sum of $2 billion. Collectively, we had produced a $50 billion cushion, but it is no longer there. If we had that money today, we could introduce a pilot project to help the regions solve the problems the seasonal industries are facing. There would not be a problem.

There could be a major reform to do exactly what countries with few human resource problems, such as Germany and Norway, are currently doing: focus on ensuring the money is used for their obsession with ongoing training. That is the key. In Germany and Norway, when someone wants to take a course, they do not take away his employment insurance benefits if that course serves economic needs. If someone does not know how to read but wants to learn, he does not lose his benefits. He is asked if he is able to learn to read within a certain number of weeks. Those countries have understood that if they support their citizens in learning basic skills or trades that are in great demand, the entire community will be more prosperous in the short and medium terms.

If Canada had the $50 billion in its possession right now, it could start establishing those policies across Canada and see Canada become as prosperous as Norway and Germany.

I would like to remind the House that the two countries in question are not at the same end of the spectrum. The Norwegians are clearly social democrats, but the situation is not that clear in Germany. However, both countries share this obsession with ongoing training and use job search tools with a view to training people. And yet they are stuck in an economic quagmire much worse than ours.

The U.S. economy is struggling to get back on its feet, but it is not a disaster. Yet, these two economies are located close to partners, Greece and Spain, which are having major problems and are on the verge of economic disaster. Despite this terrible mess, they are succeeding with fewer human resource problems and a level of prosperity that is comparable or superior to our own. They have not used tools as big as $50 billion to help people prepare for employment. This money was squandered on all sorts of things, so that now this government can exploit the bogus underfunding of what should have been a major tool for Canada’s prosperity.

Now we have before us Bill C-38, which reduces human resource and environmental problems to budgetary issues. The budget will fix everything.

I made an important note to myself: the budget is the top priority. The proof of this is that the vast majority of NDP governments in the provinces have an exemplary roadmap enabling them to deliver balanced budgets, with a few rare exceptions. Overall, the NDP has been more successful in this regard than other provincial governments. It is a top priority.

The problem, when it comes to the big issues and the major responsibilities in society—the environment and human resources—is that when things are limited to a budgetary analysis, it is easy to lose sight of the investment and sustainability side of things.

This is normal. If I am responsible for the budget, the only question I ask myself is whether I can save $2 tomorrow. I want to save $2 tomorrow. I do not ask myself whether that $2 is going to cost us $25 in terms of loss of skills and investments for the future. Bill C-38, the mammoth budget bill, reduces hugely important responsibilities, such as the environment and human resources, to a simple budgetary calculation, and nothing lacks long-term vision more than that.

My next comments will focus on what is happening in the regions. Since I was elected, Service Canada centres have actually been closed in the regions despite the fact that in the last election campaign the Conservative Party unveiled with great fanfare, in Quebec at least, a slogan that read “power to the regions”—that vaguely reminded me of slogans from a gentleman by the name of Duplessis, in Quebec—and despite the fact that for 40 days they plastered telephone poles with the slogan. In towns in my riding, 20%, 25% or 30% of the postal services have been closed.

We have just learned that there will be a 50% cut in rail service between Halifax and Toronto. Why not? The government is going to hit the tourism industry hard. Why not also arrange things so that fewer tourists can take the night train to go and spend a week in the maritime provinces or Quebec? Why not? An excellent idea, good timing, terrific.

And now here we are, dealing with this employment insurance reform that deals a huge blow to the tourism industry, which by its very nature is highly seasonal. Many regions are extremely attractive in the summer, but not in winter. They therefore find it difficult to develop. Even the most brilliant business people in these regions are unable to develop a 12-month cycle. Believe me, if they could they would. These are business people and they are brilliant. If there was a way to come up with an initiative that would be the least bit viable in December, January and February, they would do it.

For almost a month now, in my role as the NDP critic for SMEs and tourism, I have met with many people from Quebec and the maritime provinces. I met with Minister Paris in Nova Scotia. And of course, I met with the organizations in my own bailiwick, such as Tourisme Rivière-du-Loup. I met with the people who handle tourism for the Acadians, those who administer tourism for all of Newfoundland and Labrador and all of Nova Scotia, and those who handle special tourism development projects in southern Nova Scotia.

I met with dozens of organizations. Fully one-third of them said that they were worried. Two-thirds told me that they were truly angry about the decisions currently being made. They all said that they had never been consulted. We are talking about an industry that is worth billions of dollars. We are talking about close to $1 billion for New Brunswick alone, approximately $2 billion for Nova Scotia and over $5 billion for eastern Quebec. We are talking about a multi-billion dollar industry that necessarily goes through difficult economic cycles. The people in this industry are therefore directly affected by the kind of employment insurance reforms that are going to be forced down the throats of Canadians, even though they were never consulted.

The current government is telling them not to worry because of the so-called “reasonable””clause. They put the word “reasonable” in their bill. The word means absolutely nothing if it is not defined first. It will be reasonable based on what and from whose point of view? I will give just one example of something impossible.

Like me, a senior Conservative government official from eastern Canada asked the question, and he had no more of an answer than I did. Let us imagine a hotel manager who, in the four winter months, loses 80% of his business. It is a seasonal industry and there is no ski hill beside his inn. Will he work at the corner hardware store for four months?

The businessman who owns the corner hardware store knows that the hotel manager is a bright man and, for years, he has not hired him for those four months because it is not cost-effective to give him two months of training for him to learn all about paint, when he will then leave to go back to the hotel.

Business people in the regions are not idiots. They are bright people. I find this government extraordinarily presumptuous when it says that it will establish a system that will finally work for them.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:10 p.m.
See context

Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, I will be splitting my time today with the Minister of Veterans Affairs.

As many government members have already stated, we cannot support a factually incorrect motion.

I would like to drill down on some of the details of what our government is actually proposing with this legislation.

The changes we will make will ensure that unemployed Canadians are made aware of all available work in their local labour markets within their skill set. However, if there is no available work within their skill set, then EI will be there to support them. It always has been there to support them and always will be there to support them.

As indicated in Bill C-38, the jobs, growth and long-term prosperity act, the government intends to establish clear definitions for suitable employment and reasonable job search. Please note that these improvements can only apply to Canadians receiving regular EI benefits and EI fishing benefits. They will not apply to Canadians receiving EI for special benefits, such as maternity, parental, compassionate, or sickness.

Let me focus on suitable employment for a moment.

Several factors will affect the definition for suitable employment. These factors will include, first and foremost, the personal circumstances of that person who applies. This is a point that the opposition members have been very ignorant on as they attempt to scare Canadians with respect to the impact of these changes. As a member of Parliament from Atlantic Canada, I want to assure my constituents that the personal circumstances of an EI claimant will always be taken into account when determining what is considered suitable employment.

Claimants receiving EI will not have to accept work if they have a health problem that prevents them from taking a particular job, or if they have family obligations that prevent them from working at certain times of the day or if they have limited transportation options for commuting them to and from work. If they are not physically capable of performing work, they will not be required to take that job.

As the minister of HRDSC stressed again at committee yesterday, these changes would be implemented in a fair, practical and reasonable way.

What has not been reasonable is for the opposition to enlist in a campaign of fearmongering on topics such as commuting time. Under our proposed changes, a workplace must be within an hour's commute unless the claimant's previous commuting history and the community's average commuting times are longer than that. It is simple common sense.

Let me focus on the two criteria for suitable employment that are drawing the most attention. They are the type of work and the wages that are considered reasonable. In determining what criteria apply, EI claimants will be placed in one of three categories: long-tenured workers, frequent claimants and occasional claimants.

Let me take a few moments to define each of these categories.

Long-tenured workers are those who have paid into the EI system for seven of the past 10 years and who over the last five years have collected EI or fishing benefits for 35 weeks or less. These workers would be initially required to look for a similar job that would pay for 90% of their previous wages. After 18 weeks on EI benefits, long-tenured workers would be required to expand their job search to jobs within the field of one they previously held and to apply for jobs that would be above 80% of their previous wages.

Frequent claimants are those who have had three or more claims for regular or fishing benefits and have collected more than 60 weeks of EI benefits in the past five years. They would be required to expand their job search to jobs similar to the job they normally performed from the start of their EI claim. They would also be required to look for work that paid wages starting at 80% of their previous hourly wage. After receiving benefits for six weeks, they would need to expand their search to any work they would be qualified to perform so long as the wages would be within 70% of their previous employment.

Occasional claimants would include those not captured by the definitions of frequent and long-tenured workers. Occasional claimants would be allowed to limit their job search for their usual occupation, with similar wages of at least 90% of their previous hour wage for the first six weeks of their claim. After receiving benefits for six weeks, they would have to expand their job search to jobs similar to the one they normally performed, with wages that would be within 80% of their previous earnings. After 18 weeks, they would then need to further expand their job search to include any work they would be qualified to perform, as long as the wage would be at least 70% of their previous earnings.

It is a sad testament to fearmongering in which the opposition has engaged that I feel the need to point out the obvious, which is that no one would ever need to accept employment below minimum wage in Canada. The simple truth is that under these changes, EI claimants will always make more money working than by collecting EI, which is currently not the case.

As many people know, employment insurance pays 55% of an individual's average weekly income. The maximum annual salary used to calculate the weekly average is $45,900 per year. Therefore, if an individual is a frequent claimant and a reasonable job search will offer at least 70% of previous earnings, that is a substantial increase over 55% of the earnings that would be collected on EI.

This is why the opposition motion we are debating in the House today is factually incorrect. Canadians receiving EI will only be required to look for work that pays significantly more than they are currently collecting on EI. It is a net benefit to claimants.

Let me also be clear on a further point. As a Canadian from Atlantic Canada, I understand that in many small communities there may not always be economic opportunities outside peak seasons of employment. The Prime Minister has been perfectly clear on this point. If there are no available jobs in one's community, EI benefits will continue to support Canadians as they always have.

Let me turn briefly to the topic of a reasonable job search.

Canadians receiving EI benefits will be required to undertake job search activities, including researching and assessing job prospects, drafting a resumé, searching for job vacancies, applying for positions, attending interviews and undertaking other efforts to improve their employability, such as attending workshops, going to employment agencies and also job fairs.

EI claimants will also be required to look for a job daily and to keep records of their job searches. These search efforts will be consistent with the opportunities that are available. For example, in a community with few job openings, a job search should focus on identifying new opportunities and not applying for the same job or to the same business every day. In comparison, a job search in an area with numerous job opportunities should focus on both identifying and applying for available positions.

As part of the investment we are making under this initiative, EI claimants will be made aware of local jobs in their local labour market.

These improvements to EI will help more Canadians get back into the labour force and enable them to better support themselves and their families.

Unfortunately, we have seen the opposition attempt to play politics of fear and to confuse Canadians into believing some of these things are not true. Sadly, this is not the first time we have seen members of the opposition ignore clear realities of the Canadian economy in order to advance their narrow interests.

I would ask all hon. members in the House to support our government's plan for jobs, growth and economic prosperity. This is the reason Canada is leading the G8 in growth of 750,000 net new jobs created since the depth of the recession in July 2009. Therefore, I encourage members to join me in voting against this factually incorrect motion.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1:10 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, what the Conservative government is doing in terms of these changes will have a profoundly negative impact on seasonal jobs from coast to coast, and in particular, as our Liberal Party critic talked about, in the province of Quebec, in Atlantic Canada and so forth.

One needs to question why the government decided to bring in these changes through the back door of Bill C-38, thereby preventing debate on this issue and, most important, to then have the debate carry on into a committee of the House where experts from across Canada could participate and provide what I believe is absolutely critical information because of the impact this change will have on our economy and on industries that are so dependent on seasonal jobs.

Does the member not agree with the Liberal Party's stand that Bill C-38 should have been broken down, that there should have been several pieces of legislation brought in and that this should be a stand-alone debate taking place on a separate bill?

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 1 p.m.
See context

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, I would like to support the motion of the hon. member for Hamilton Mountain, which reads:

That this House call on the Conservative government to abandon plans to further restrict access to Employment Insurance for Canadian workers who have followed the rules and who will now be forced to choose between taking a pay cut of up to 30% or losing their Employment Insurance benefits.

I support this motion. It is necessary to do so because we have before us Bill C-38, a budget implementation bill that we call the Trojan Horse bill because there are so many things hidden in it. It is extremely controversial for this reason as well as others. It contains far too much. We have said many times that this bill should be split into at least five parts. It cannot be examined in the proper committee because the Standing Committee on Finance is discussing the environment. This bill should be examined by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities or the Standing Committee on Environment and Sustainable Development. It needs to be examined in the proper place.

Moreover, the Conservatives are limiting debate. They are not only reducing the time the committees have to debate this bill, but they are also passing time allocation motions in the House. Once again, the Conservatives are trying to distract Canadians while they impose major, negative changes on them. By way of evidence, did the Conservatives talk about changes to environmental law, old age security and employment insurance during the election campaign? No. They did not say a word about those issues. They hid their intentions throughout the election campaign.

Let us now discuss the section of Bill C-38 that deals with employment insurance, which is also very controversial. Members of Parliament have to vote without having received much information. The Minister of Human Resources and Skills Development said that she has not yet announced the details as she wants to make sure that the bill passes first.

What details are we talking about? Just trifles; for example, the definition of suitable employment or the acceptable distance to be travelled. The bill abolishes the existing definitions, but when we ask for clarification and new definitions, the information is very vague. For example, a reasonable commuting time is said to be one hour. Is that one hour by car? If I drive for one hour, I will be halfway to Montreal.

What about the people in remote areas who do not own cars? Will they also have to travel one hour by car? In some parts of my riding, there are far fewer north-south public transit routes. Will these people have to spend one hour on the bus? How will it work? We do not know. In short, major changes to employment insurance are hidden inside a mammoth bill. Once again, the Conservatives are controlling the debate on the bill. That is not all.

When we listen to what some of the Conservatives are saying we can hear the contempt they have for employment insurance recipients. During her appearance yesterday at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, the Minister of Human Resources and Skills Development said that the government was working on removing disincentives to work. She added that it is question of improving the federal system in order to ensure that Canadians better understand what is expected of them when they receive employment insurance benefits.

Such comments suggest that EI recipients are abusing the system. There are indeed people who abuse the system, but they are the exception. Not everyone abuses the system, but they are being treated as though they do. I invite the Conservatives to come to Hochelaga and see what life is really like, what people really need. Employment insurance is a social safety net that was established decades ago to respond to a real need. This tool that Canadians created to be used when they need help is getting a bad rap from the Conservatives. I wonder sometimes whether they really know anyone who is poor.

Let us now talk in greater detail about the changes proposed by the Conservatives and the ensuing problems. Take job search, for example. The government says that it is going to send out emails about available jobs twice a day.

I knocked on a lot of doors during the election campaign. When I told people to consult our website to learn more about the NDP platform, they would often tell me that they did not have Internet access, that they could not afford it or that they did not have a computer. They could have gone to the library, but the Conservative government has cut the community access program, so there are a lot fewer computers available in libraries.

The hon. members might recall that, a few months ago, the Service Canada job search website did not work for a number of weeks. So what happens in those types of situations? Are the people going to be penalized? But one of the biggest problems—and we are going to hear about it a lot—is the impact on the regions and on seasonal work. Let us talk about seasonal work. Seasonal workers are often highly skilled workers. You cannot just drag people around from job to job.

Under the proposed measures, these people could be forced to leave their skilled occupations or their regions or both. As an example, a witness who raises silver foxes recently appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. That industry has a six-month season and he has one employee who has very specific expertise and who returns every year.

This employer told us that if his employee did not come back, he would not know what to do or where to find another employee with that kind of expertise. The witness also told us that the same is true in horticulture and livestock farming.

In-school child care services are another example. Do we really want to have to look for new child care providers every year? Do we want people with a lot less experience looking after our children every year?

Every January and February, only a few groups came to visit the museum where I used to work. As a result, at least 10 of the 20 guides would not get any hours. Zero. So they needed employment insurance every year. Since those guides have been there for three or four years, they would automatically fall into the new category of frequent claimants. This means that if they have not found another job after six weeks, they would have to accept work at 70% of their previous hourly wage or they would no longer be entitled to employment insurance.

By the way, in Quebec, 15% of employment insurance claimants are seasonal workers. Instead of a short-term and repressive view for reducing the unemployment rate, perhaps there might be other options. For example, we could invest in training. But no, the Conservatives are making cuts to training.

I have two examples from the recent budget. First, we see cuts of $44 million—so, 64.7%—to contributions that help older unemployed workers in communities with a high unemployment rate or those affected by downsizing. Then, transfer payments to apprenticeship incentive grants and apprenticeship completion grants, worth $155 million, are being cancelled completely. It makes no sense.

Furthermore, when the government gives grants to large companies, perhaps it could ensure that jobs are created quickly—in Canada, not in Mexico or the United States—and that the companies do not take the money before relocating elsewhere, which is what Caterpillar and Electrolux did.

I have three more comments to make before I wrap up. First, employment insurance is fully funded by employees and employers. It belongs to employees and employers. What is the point of paying into it if you are not allowed to use it? It would be like buying a car and not being allowed to drive it.

The new definition of suitable employment suggested by the minister is at odds with the International Labour Organization's, which says that a government seeking to promote employment and guard against unemployment should take into account the claimant's training, experience and qualifications.

The third and final point I would like to make is that by forcing workers to take lower paying, less fulfilling jobs that they are likely to quit more rapidly, the government will increase rather than decrease poverty.

I would like to reiterate what I said at the beginning of my remarks: this motion is important and must be adopted.

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 11:45 a.m.
See context

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Madam Speaker, I would like to share my time with the member for Montmorency—Charlevoix—Haute-Côte-Nord.

First I would like to say that I am proud the NDP has proposed this motion on employment insurance.

I find it sad that the government thinks that people who receive employment insurance are a bunch of lazy slackers. As the member for Madawaska—Restigouche put it so well, there are still people who prefer to receive employment insurance because they want to go hunting. That is how the Conservatives think.

The parliamentary secretary asked whether it was not better to have a job 12 months a year rather than six months a year.

Yes, it is much better.

The parliamentary secretary said she went to visit Newfoundland. I would like to know whom she spoke to in Newfoundland. Let her report to the House on whom she met in Newfoundland, because there is a fishing industry in Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé.

If the Conservative government is so smart, I invite the Prime Minister to introduce a bill to melt the ice in Chaleur Bay so that people can fish in winter. If he is so smart, if he really believes in jobs 12 months a year and if he wants to support the fishing industry, I invite the Prime Minister to melt the ice in Chaleur Bay. That way, people could fish 12 months a year.

In addition, let him put some fish in the sea because this same government shut down the groundfish fishery. I invite the parliamentary secretary to come and tour New Brunswick. Let her come, and I will take her around to the employers who are having problems as a result of seasonal jobs: they want to keep their employees. However, the government's bill does the exact opposite. It wants those employees to go work elsewhere.

Industry back home in New Brunswick, and in the riding of Acadie—Bathurst, amounts to fishing and peat moss. Has anyone ever wondered how you harvest peat moss under the snow? This Conservative government is really out of touch with the reality of the regions to a ridiculous degree. The parliamentary secretary says she comes from a rural area. All right, but she may come from a rural area where there are secondary or tertiary processing jobs and employment 12 months a year.

If the Conservative government wants to do the right thing, let it put tools in place. Let the human resources minister put the tools in place for us to do the secondary and tertiary processing instead of sending all our fish to Japan.

Under these new regulations, unemployed workers are required to look for work twice a week. Some 3,000 people lose their jobs at the end of June because the fishery winds up in June and starts again in mid-August. The biggest surprise this government could have right now would be for fish plant employees to decide, twice a week, to go and see employers one hour’s drive away about jobs those employers do not have. Employers would tell the Conservative government to get those workers off their backs because they would not be able to produce anymore with them coming to work in their yards when there are no jobs.

The government's parliamentary secretary said they were going to send unemployed workers job alerts twice a day to tell them where they could find work, but the problem that was raised is that some of them do not even have a computer. The government responded that 85% of people filing employment insurance claims did so online.

They file employment insurance claims online because the government requires them to do so. It has shut down human resources offices everywhere. There were more than 100 human resources offices in Canada, and since the Conservatives intend to close some of them, there will only be 22 left.

Applying once for employment insurance means going to a neighbour and asking to use his computer. This happens once a year. But if a person has to ask to use his neighbour’s computer twice a day to check jobs, the neighbour will get fed up.

The government is saying that if you want a job, you will have to use a computer to get it, because that is where the jobs are. Is the government telling us that it is going to send out two letters a day to Canadians to tell them that jobs are available? My goodness, I do not know what planet I am living on. If there are that many jobs in Acadie—Bathurst, I cannot wait to find out where they are. I am sure that the residents of Acadie—Bathurst cannot wait to know where all these jobs that the government is announcing are.

We are not against motherhood and apple pie, we are not against the fact that the government is telling people that there are going to be jobs available at specific locations. We are not against employers posting jobs or workers being available. The problem is telling somebody that if he does not go to a specific location for a job and accept it, his employment insurance will be cut off. If I were an employer, I would tell the government to mind its own business because it is not up to the government to dictate who should be in the private sector. If the government forces somebody to work for a particular employer and the person does not like the job, how productive will he be?

The 70% model sounds good, does it not? For those who get a job at 70% of their salary and are then laid off, will the next job be at 70% of that salary? Will it be 70% until the person receives the minimum wage? The government wants to help employers keep wages down. The government is going to play a role in forcing people to go and work for employers who will not increase wages. The Conservatives are going to make sure that people remain in poverty. That is what this measure is all about.

Furthermore, this measure is found in Bill C-38. Why did they not separate it from Bill C-38? They should let the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities conduct a real study. If the bill put forward by the minister and the federal Conservative government is so good, why is the Province of Newfoundland and Labrador not satisfied and why was it not consulted? Why is the Province of Nova Scotia not satisfied and why was it not consulted? Why is the Province of Prince Edward Island not satisfied and why was it not consulted?

The exception is New Brunswick, because we know that our premier, Mr. Alward, follows everything that the Prime Minister of Canada says. The Conservatives are in power in New Brunswick and they will not touch this with a 10-foot pole. The premier might have to answer for this in the next election in New Brunswick, because at the moment he does not represent the seasonal workers in our province.

The people in our province who work in the fisheries are wondering where they are expected to find a job. What will happen to the 60-year-old woman in Caraquet who has almost reached retirement age if she tries to take her car to work at a McDonald's in Bathurst with the winter road conditions that we have? By the way, it is not funny when you drive along the coast. With the wind, even if there is not much snow falling, it becomes a storm. On the peatlands and in open country, the roads can be impassable just because of the winds. This is what they are doing; they are putting people's lives in danger.

The Conservatives think that people are happy to receive 55% of their salary and feel as though they are on vacation. They should see these people's living conditions and they should live in these conditions. They should answer the calls that I get in my office from people saying that they would like to work. They should remember the time when the fisheries were good and people worked 35 weeks per year. They worked 15- and 16-hour days, 7 days a week, for 35 weeks. I will never allow them to call our workers lazy slackers. These are the same people who leave our region to go work out west, where they can find jobs.

If the Conservative government wants to help people get jobs, it can help us get a better airport in Bathurst. The runway needs to be lengthened. It can give us a building that is capable of handling our people travelling up to the far north for jobs. This is the same government that cut $18 million from ACOA and that gives us no tools. Tools are what we want. It is the government's responsibility to provide tools and to make it possible to get jobs, not to do what it is doing at the moment, cutting employment insurance so that people fall on hard times, sending them onto welfare and putting all the burden onto the provinces.

I hope that the Premier of New Brunswick is also listening to me; I hope he realizes that we, the taxpayers of New Brunswick, are the ones who are going to be paying for the federal government's mistakes—

May 31st, 2012 / 11:20 a.m.
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Laurel Rothman National Coordinator, Campaign 2000

Hello. Thanks for the opportunity to appear before you.

You're probably aware that Campaign 2000 is a network of organizations representing low-income people, affordable housing, child care and health care providers, food banks, labour organizations, and women's groups. We've been tracking progress, or lack thereof, on child and family poverty for at least 20 years.

We were quite disappointed not to see measures addressing poverty or inequality in Bill C-38, and I guess we were jarred again by the recent report from UNICEF measuring child poverty in the world's richest countries, which reminds us that even among our peers, the economically advanced nations, Canada ranks 24th out of 25. UNICEF also emphasizes that poverty is one of the most costly mistakes a society can make—and it is indeed one that we can ameliorate.

The most recent statistics show that 639,000 children, or about one in 10, are still living in poverty. That doesn't well reflect the numbers in first nations communities, where it's closer to one in four. It's important to remember that about one in three of those children in poverty has a parent already working full time. So the issues we've been talking about with regard to labour market and labour replacement income under EI are relevant to poverty reduction.

UNICEF also confirmed that public policies in the form of taxes and transfers make a big difference, which is why we had wanted to see some progress on that. Of course, in Canada we have strong evidence in the progress we've made to date, both from our programs assisting seniors—OAS, GIS—as well as with children. I don't know if you have in front of you a copy of the report card that was sent, but we have a good chart where we show the impact of taxes and transfers, including employment insurance, the Canada child tax benefit, the national child benefit supplement, and the GST credit. Before those were taken into account, we would have had 25% of children, one in four, in poverty, and after those taxes and transfers, the rate went down to 14%, preventing about 770,000 children from living in poverty.

The other important point is that the CCTB and the NCB address both poverty and inequality. The maximum benefit goes to families with net incomes under $24,000, but the progressive nature of the benefit trails out so that almost 90% of children receive something. Obviously, in families with more income they receive less.

So what we are suggesting is that to both prevent and strengthen child and family poverty we need to retain, if not enhance, those existing taxes and transfer measures, including EI, the national child benefit. I think we need a more updated look at the GST credit—or now we'd call it the HST credit in many places—and we need to focus on creating better jobs. Specifically, the child benefit needs to be increased to a maximum of $5,400, and even at that, our lone-parent mother would need to earn at least $12 an hour for at least 34 hours a week, plus the child benefit, to bring herself and her child out of poverty.

We believe that poverty reduction and eventual eradication is a key part of a prosperity agenda. Remember, these funds in families on tight incomes are all spent in local communities. They're not sent abroad. Unfortunately, people aren't able to save, but they desperately need that money for food and rent. So this direction will address some critical needs of our most vulnerable Canadians and will reduce intractable social and economic problems for years immediately ahead and to come.

Thank you.

May 31st, 2012 / 11:10 a.m.
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Diane Brisebois President and Chief Executive Officer, Retail Council of Canada

Good morning. Mr. Chair, members of the Standing Committee on Finance, we would like to thank you for inviting us to talk about the retail sector's concerns and recommendations regarding Bill C-38.

You have in front of you today a copy of the brief that was recently presented to the Standing Senate Committee on National Finance relating to the study on the potential reasons for price discrepancies in respect of certain goods between Canada and the United States, given the value of the Canadian dollar and the effect of cross border shopping on the Canadian economy.

Because we only have five minutes to present our comments and recommendations, I will get to the point immediately. I hope you will have time to carefully review our submission, which includes more details.

Of course, we will be very pleased to answer all of your questions after our presentation.

Our comments are timely considering that Bill C-38 will significantly change the personal exemption limits for Canadians bringing goods back into Canada, making it even harder for Canadian retailers to compete with their U.S. counterparts. We will focus on three significant areas that we believe need to be addressed by this committee. They include import duties on finished goods, supply management affecting prices of food products such as dairy and poultry, and regulatory harmonization. You'll also note that the submission before you speaks to vendor pricing, which is a matter we discussed at length with the Senate committee.

Let me quickly address import duties. One of the main areas where the federal government has a role to play in levelling the playing field for Canadian retailers and importers is in eliminating the outdated tariffs on finished goods entering into Canada. While Finance officials often note that these tariffs are only applied to 10% of all products entering Canada, they unfortunately are overly represented in the retail sector. For some retailers they represent close to 100% of the items they import into the country.

As an example, on page 9 of our submission, which we circulated

—it is on page 8 in the French—

we have listed the tariffs applied to sports equipment. For the most part, there are no duties applied in the United States for retailers importing those goods, yet the same products entering into Canada carry tariffs as high as 18%.

On page 10 of both the French and English versions of our brief, we provide another sample list of some of the tariffs we believe should be eliminated.

We thus urge the government to support the elimination of tariffs, as the minister had noted in the budget that he would be looking at this issue seriously.

The second matter relates to supply management, which we all agree is not always a very popular issue to discuss. One area that has not been discussed in full is the effect of the difference in pricing of dairy and poultry products between Canada and the United States. I draw your attention to page 12 of the report and the table that shows the difference in prices between both jurisdictions for supply managed food products. I think you will find it as shocking as we have.

While retailers fully respect and support Canada's agricultural community, we do know from our members that these products are the most popular products purchased by consumers during the great majority of the same-day cross-border shopping trips. In fact, dairy products, poultry, gas, alcohol, and cigarettes are the five top items that are brought in on same-day trips. There is a trend.

At the very least, should the current system continue to be sustained, the government must acknowledge its role in supporting marketing boards and higher prices in Canada for those popular grocery products. If the government wanted to provide retailers in Canada with a level playing field, it should have exempted or restricted these supply managed products from the personal exemption limits that have been increased by this bill, as it has done with tobacco and alcohol, and actively enforce those rules at the border.

The final point is regulatory harmonization. I would like to speak briefly about the need for better harmonization of regulations and policy.

Lack of harmonization and different standards and requirements contribute to increased prices of products in Canada and decreased productivity.

We applaud the government's creation of the Canada-U.S. Regulatory Cooperation Council. However, even after this was announced in February 2011, as our submission outlines, a new car seat testing regulation came into force, which was not at all harmonized with that of the United States.

Because of time, I will immediately conclude my remarks and thank the committee for its consideration of issues of concern to our sector.

Thank you, Mr. Chairman.

May 31st, 2012 / 11:10 a.m.
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Economist, Canadian Auto Workers Union

Jim Stanford

It is an enormous shortage of jobs, not a lack of workers and not a lack of work ethic, that explains the decline in the employment rate pictured in the graph and the challenges in our households and communities.

Let me conclude by summarizing the relevance of this analysis for Bill C-38.

With chronic underutilization of our existing supply, policies that are aimed at compelling more labour force participation, such as the OAS deferral and the new rules cutting and restructuring EI benefits, are questionable. Those policies should be designed not to compel more labour supply but rather to support Canadian families in an era where there's a chronic shortage of jobs that dominates the outlook for our labour market moving forward.

Thank you for your attention. I look forward to our discussion.

May 31st, 2012 / 11:05 a.m.
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Jim Stanford Economist, Canadian Auto Workers Union

Thank you, Mr. Rajotte and members of the committee, for the opportunity to appear with you. I will focus my introductory remarks on the condition of Canada's overall labour market. In particular, I will argue that the labour market is characterized, and will continue to be characterized, by a condition of chronic excess supply. This contrasts with the oft-made claim that Canada is experiencing or is about to experience a major shortage of labour.

This issue is an important context for several of the measures that you are contemplating in Bill C-38, including the proposal to defer eligibility for old age security payments by two years and the plan to reduce and restructure employment insurance benefits, as well as measures to restructure immigration and migrant labour policies.

All of those are bundled, of course, into one piece of legislation. At the risk of repeating what just happened, I should add my organization's view to the record that we think it's inappropriate to consider measures that are very important, very long lasting, such as changes to OAS and EI programs, within the framework of an omnibus bill.

The issue of whether the labour market experiences excess supply or short supply is also very relevant to a wide range of economic policies. It's very common to use the official unemployment rate as an all-purpose indicator of the general supply/demand balance in the labour market. That official rate currently stands at 7.3%, which might not seem too bad, depending on your context. However, that rate is not an accurate indicator of true labour market balance, especially during a recession or in the period after a recession.

To qualify as officially unemployed for purposes of this measure, an individual must not only be working, but also actively seeking work. If you stop actively seeking work—according to the definition of that term by Statistics Canada—you disappear from the labour force, and hence from the unemployment statistics. This is an arbitrary hurdle that skews the resulting measure of supply/demand balance, especially when job searches may be inhibited by the view that there aren't positions to apply for. Perhaps I could mention that Albert Einstein defined insanity as doing the same thing over and over again, expecting a different result. In that case, if you've applied for 50 jobs and didn't even get a callback, applying for the 51st might be considered irrational.

It must be noted in this context that most unemployed Canadians do not receive EI benefits, so the idea that people are just going through the motions of looking for work in order to remain qualified for EI cannot explain this result.

I think that at this point in the business cycle, a better measure of labour market balance is the flip side of the unemployment rate, what we call the employment rate. It steps back from the issue of whether someone is actively seeking work and just asks if they are employed in any type of job.

A handout has gone around, and the graph at the top of that handout illustrates the trend in the employment rate in recent years. As you see, the employment rate fell dramatically during the recession by 2.5% of the working-age population. Since then, it has rebounded by only 0.6%. In other words, only one-fifth of the damage that was done to the labour market by the recession has been repaired. Indeed, in the labour market, it still feels like a recession, even though economists say technically we're in a recovery.

The last two months of labour market data were good. You'll see the last two points on that graph show a nice rebound, and that's very positive. Even with that, we're only back to where we were 16 months ago. In that regard, our employment recovery has stalled. I think it's worth noting that between one in four and one in three of the net new jobs created in Canada between the end of 2007 and the end of 2011 went to temporary foreign migrants. That program is playing a larger and larger role in meeting the new jobs being created.

How do we reconcile that graph with the claim that we have won back all the jobs that were lost in the recession?

This measure, as we should, takes into account ongoing population growth. Saying that we're back to the absolute number of jobs we had in the fall of 2008 is a bit irrelevant when we have to create hundreds of thousands of net new jobs each year to keep up with population growth in the four years since then.

We think a better measure of the actual mass of unemployment would take the non-participation of discouraged Canadians into account, and the table at the bottom of my handout does that. We add to the official unemployment tally, which is around 1.4 million as of April, about 300,000, representing the withdrawal from the labour market by many Canadians, as well as Canadians who are working involuntarily in part-time positions or who have a job but no hours or are waiting for the next shift.

By that measure, I estimate that true unemployment in Canada is about 2.3 million Canadians, or about 12% of the adjusted labour force.

May 31st, 2012 / 11:05 a.m.
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Conservative

The Chair Conservative James Rajotte

I call this 66th meeting of the Standing Committee on Finance back to order. We are continuing our discussion of Bill C-38.

We want to thank our guests for coming in today and for joining us by video conference. We have four witnesses in this panel.

First of all, from the Canadian Auto Workers Union, we have economist Jim Stanford; from the Retail Council of Canada, we have Madame Diane Brisebois, the president and CEO; and Karen Proud, as well, from that same organization; by video conference, we have Professor Marjorie Griffin Cohen—she joins us from Simon Fraser University—and via video conference from Toronto, we have from Campaign 2000, national coordinator, Laurel Rothman.

Thank you all for being with us. Each of you has up to five minutes for an opening statement, and then we'll have questions from members.

We'll start with Mr. Stanford and proceed in the order I outlined.

Mr. Stanford, please.

May 31st, 2012 / 10:40 a.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

I will tell you that I have lived in Fort McMurray for 47 years. We have the lowest doctor-to-patient ratio in the OECD. Do you know that? I haven't had a family doctor for 20 years. When I need to see a doctor, I come to Ottawa. Why? Because I can see a doctor here.

Do you realize that Bill C-38, for the first time in our history, allows us to have the opportunity to fast-track a doctor who is going to go to a rural community? Do any of you realize that?

Could you comment on that, Mr. Lee?

Opposition Motion—Employment InsuranceBusiness of SupplyGovernment Orders

May 31st, 2012 / 10:20 a.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

moved:

That this House call on the Conservative government to abandon plans to further restrict access to Employment Insurance for Canadian workers who have followed the rules and who will now be forced to choose between taking a pay cut of up to 30% or losing their Employment Insurance benefits.

Madam Speaker, I will be sharing my time with the member for Charlesbourg—Haute-Saint-Charles.

I am pleased to move, on behalf of the entire NDP caucus, a motion calling on the Conservative government to abandon its reckless changes to Canada's employment insurance system.

First and foremost, employment insurance must be about providing a safety net for workers. Government ministers and Conservative MPs keep saying that jobs are not being filled because the unemployed do not want to work, but Statistics Canada pointed out just last week that there were almost six unemployed workers for every reported job vacancy in Canada. In other words, despite its rhetoric, the Conservative government's record on job creation has been an abject failure.

Therefore, yes, this is the time that workers need to draw on the employment insurance that they paid into all of their working lives. However, instead of helping workers to access what is rightfully theirs, the minister responsible for the program hurls insults by saying, “We do not want to make it lucrative for them to stay home and get paid for it”. It is outrageous. Workers need EI, not so they can stay at home but so they can keep their homes.

Even before these ill-advised changes, only 40% of unemployed Canadians were able to access EI benefits, and those who do bring home a maximum of 55% of their former wages. Unemployed workers can assure the minister that EI is not lucrative.

What then motivated this last round of EI reforms? Toronto Star columnist, Thomas Walkom, hit the nail squarely on the head when he blamed the changes on “bone-headed ideology and contempt”. The Conservatives have continually demonstrated their hatred of Canada's social safety net, including employment insurance, and the disdain starts right at the top.

This is what the Prime Minister told the American Council for National Policy in 1997. He said:

In terms of the unemployed, of which we have over a million-and-a-half, don't feel particularly bad for many of these people. They don't feel bad about it themselves, as long as they're receiving generous social assistance and unemployment insurance.

He also derided Atlantic Canadians for using social services, saying in 2002:

I think in Atlantic Canada, because of what happened in the decades following Confederation, there is a culture of defeat that we have to overcome.... Atlantic Canada's culture of defeat will be hard to overcome as long as Atlantic Canada is actually physically trailing the rest of the country.

As Walkom rightly points out, “The contempt is that of comfortable, well-heeled politicians who, deep down, assume that those unfortunate enough to have lost their jobs lack moral fibre”. However, the issue is not that Canadians do not want to work. The issue is that there are no jobs available in many parts of our country. Yes, that means that Canadians will try to access employment insurance. It is, after all, a program that was designed to help the jobless get by while they search for work.

As things stand right now, regular EI covers up to 55% of former salary to a maximum of $485 a week for up to 45 weeks. Last year, 850,000 people relied on the program, including thousands in my hometown of Hamilton where the manufacturing sector has been particularly hard hit. If one were to ask people who have tried to access employment insurance, they would be the first to point out that the system does need reform. The reforms just are not in the direction that the government is moving. We need to enhance, not restrict, access to EI for Canadians who have lost their jobs through no fault of their own.

As it stands now, less than half of the unemployed qualify for EI benefits. Only 40% of men collect and an even lower 32% of women get any support from EI. The reason is that the rules are biased against part-time, temporary, self-employed and women workers, yet all workers pay into the system.

The conversation we should be having in this chamber is about how we enhance access to the benefits that employees and employers paid for. It is only the workers and the employers who contribute to the EI system. There is not a dime of the government's money in the pot and yet successive Liberal and Conservative governments have raided the surpluses in the EI fund to the tune of $57 billion. They have treated it as their own cash cow to fund everything from debt reduction to new government programs and now it has the audacity to suggest that the program is too lucrative for workers and that things need to change. It is completely outrageous.

If we are going to change the system at all, we should live up to the commitments made by the motion on EI reform that I tabled here in the last Parliament, which, I might add, was passed by the House of Commons. That motion called for the elimination of the two-week waiting period, a lower qualifying period that was consistent across our country, an increase in the replacement wage to 60%, improved funding for training and a mechanism for allowing the self-employed to participate in the program.

Three years later, the government has still only acted on the will of Parliament with respect to one of those proposals, and that is making EI available to the self-employed. All other tinkering the Conservatives have done with respect to the EI system has been counter to the spirit of my motion and has been at the expense rather than to the benefit of hard-working Canadians.

We need to just look at the changes resulting from the most recent Conservative budget. Budget 2012 announced the Conservative government's intention to introduce legislation “to strengthen and clarify what is required of claimants who are receiving regular EI benefits and are looking for work”. Instead, the Trojan Horse bill, Bill C-38, gave the Minister of Human Resources and Skills Development the power to create regulations concerning what constitutes suitable employment and reasonable and customary efforts to find employment.

When asked what the regulations would look like, the minister responded, “We haven't announced those details yet. We want to make sure the legislation gets through first”. Really. Do the Conservatives want us to buy a pig in a poke? That will not happen and the more details we learn, the more we know just how misguided the government's approach has become.

Under the new scheme, frequent EI claimants will no longer be able to hold out for something akin to their former jobs at roughly the same wage. Instead, they will need to accept similar work at as little as 80% of their previous wage during the first seven weeks of benefits, yet we do not know what “similar” means. After that, they must take any work they are qualified to perform for as little as 70% of what they used to make. Less frequent users will fare marginally better. They can hold out for jobs within their usual occupation at 90% of their former wage for 18 weeks. After that, they, too, must accept similar jobs at 80% of their previous wage.

Obviously this has nothing to do with connecting workers with suitable jobs. This is all about driving down wages. The Conservatives love free markets unless, of course, it is a labour market. One has to wonder though for whom they are doing this.

Yes, these changes will help their friends in the tar sands hire temporary foreign workers who can now be paid 15% less than the going regional wage. At the Standing Committee on Human Resources, Skills and Social Development, where we have been studying the projected shortages of skilled workers in Canada, many employers have actually come forward to tell us that forcing workers in seasonal industries to do other work during the off season will do permanent harm to their businesses and, indeed, to their entire regions. That, of course, is due to out-migration.

If the fisherman's helpers, forestry workers or farmhands are forced during the respective off-season to take on a job they do not like and that pays less, they will be more inclined to head to western Canada. That leaves local businesses high and dry.

When we combine that attack on rural Canada with the fact that stripping Canadians of their employment insurance will lead to an increased reliance on provincial social support systems, it is no wonder that premiers from across the country are crying foul. Despite the fact that it is their provincial budgets and their provincial taxpayers who will pay the price for these ill-conceived changes to Canada's EI system, none of them were consulted before the changes were announced.

As an editorial in the Saskatoon StarPheonix put it:

This is clearly an issue that needs a national debate--one we were robbed of when the government stuffed the changes into its omnibus bill.

That is why the New Democrats have brought this motion to the floor of the House today. We do need a national debate on the changes to Canada's employment insurance system and the people who pay for that system and who use it must have a say in its future. Until then, we must change course and abandon all plans to further restrict access to employment insurance for Canadian workers.

Human RightsPetitionsRoutine Proceedings

May 31st, 2012 / 10:15 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I rise today to present two petitions. The first relates to human rights, particularly in China.

This petition is from members of the public in Mississauga, Toronto and the vicinity who are offended by the continued persecution of people practising Falun Dafa or Falun Gong within China.

The petitioners call on the Government of Canada and the Minister of Foreign Affairs to impress upon the Chinese government the importance of human rights to Canada.

The petition is timely as we are creating more investment opportunities for China without environmental reviews as a driving force behind Bill C-38. It is important that we give this petition attention.

May 31st, 2012 / 9:45 a.m.
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Roxanne Dubois National Chairperson, Canadian Federation of Students

Thanks to the committee for the opportunity to make the voice of students in Canada heard here today.

The Canadian Federation of Students represents more than half a million students from colleges and universities across Canada. It is Canada's largest and oldest national students union.

The right to education at all levels is enshrined in international law and is prescribed by existing moral and social imperatives of Canadian society. Our public post-secondary education system was built with public dollars and, implicitly, must be accessible to all citizens of Canada, just like health care is. However, Canada's college and university system continues to operate without a national framework and is increasingly cost-prohibitive. The federal budget bill, despite its size and scope, fails to implement a strategy to address rising tuition fees, skyrocketing student debt, and youth unemployment. However, Bill C-38 does many other things, such as threaten our generation's prospects for job and retirement security and seek to reduce environmental regulations.

Due to its size and scope, Bill C-38 overreaches and will contribute to public cynicism. Five minutes is insufficient to review 425 pages and the nearly 70 acts being amended, repealed, or introduced. I cannot but conclude that the government's objective must be to limit the Canadian public from fully assessing the omnibus bill.

I would be doing a complete disservice to my organization's members and the Canadian public if I did not use this time to implore each of you on the government side to abandon this hypocritical tactic of forcing through legislation en masse.

To use the Prime Minister's own words during his time in opposition:

...in the interest of democracy I ask: How can members represent their constituents on these various areas when they are forced to vote in a block of such legislation

Students today are facing a very precarious labour market. With rising student debt, caused mainly by tuition fee increases, job opportunities are even scarcer because of the government's decision to eliminate Service Canada centres for youth and student positions in the public service. In addition, government investment to improve access to education has slowed significantly. At a time when over 70% of new jobs require some form of post-secondary education, the government has to substantially increase its investment in the Canada Student Grants Program to reduce student debt and help graduates in the labour market.

Making matters worse for students and youth, Bill C-38 proposes changes to Canada's old age security program, the temporary foreign worker program, and employment insurance, all at once. Raising the benefits eligibility age of OAS from 65 to 67, reducing the wages of workers, and eroding the retirement prospects of future generations is itself a solution without a problem and requires at least further study by committee.

If the government is concerned about the well-being of young people and truly wants to protect our future, then cuts to OAS should be taken off the table. Young people in Canada have all of our working years ahead of us. If anything, giving young people a chance to make a decent living requires increased access to education and training and a more robust OAS program.

The federal government's lack of vision with respect to tuition fees comes at a significant cost to our economy in the form of lost economic opportunities. For every Canadian who is denied access to post-secondary education, the costs of health care, employment insurance, social assistance and public safety all grow, and the tax base shrinks.

The OECD estimates that the economic benefit of any investment in post-secondary education comes to $1.63 for every dollar spent by government. If the government is serious and genuinely wants the economy to grow, it should give serious consideration to rejecting this bill and investing in post-secondary education.

Last, when it comes to environmental regulations, Bill C-38 erodes the government's ability to hold companies accountable for their practices. The next generation will inherit the environmental issues to come. We will be saddled with the effects of climate change, unchecked resource development, and potentially irreversible damage to Canada's wildlife. Environmental sustainability is top of mind for today's youth but appears to be a governmental afterthought. The callous disregard for the environment in Bill C-38 is completely irresponsible.

We believe in the strongest of terms that the alterations to OAS, GIS, and EI ought to be removed from Bill C-38, studied by their relevant committees, and voted on separately from the budget bill. We hold the same sentiments with respect to the Fisheries Act, the Navigable Waters Protection Act, the National Energy Board Act, the Species at Risk Act, the Parks Canada Agency Act, the Canadian Oil and Gas Operations Act, the Nuclear Safety and Control Act, the Seeds Act, the Fair Wages and Hours of Labour Act, the National Round Table on the Environment and the Economy Act, the Kyoto Protocol Implementation Act, the Immigration and Refugee Protection Act, etc.

Again, I thank you for the opportunity to make this presentation.

I look forward to your questions.

May 31st, 2012 / 9:35 a.m.
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Economist, Global Economics Ltd., As an Individual

Patrick Grady

Thus we support the immigration policy measures in part 4 of Bill C-38.

Having said that, I would like to go on and say that more definitely needs to be done to limit the numbers of immigrants, since the large number is what's causing the deterioration in performance. It's not only a selection problem; it's very difficult to select from such large numbers. The government still proposes to bring in 250,000 new immigrants a year and a couple of hundred thousand temporary workers, and it's actually increasing the number of parents and grandparents allowed in at a great fiscal cost.

I estimate it would cost around $6 billion per year if you took the parents and grandparents brought in since 1987. If you took in the 165,000 in the backlog and the ones expected to apply by the year 2020, that would add another $6 billion, making the annual cost about $12 billion.

It doesn't look as though much is being done to resolve that problem.

May 31st, 2012 / 9:30 a.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting to order. This is the 66th meeting of the Standing Committee on Finance.

The orders of the day, pursuant to the order of reference of Monday, May 14, 2012, are continuing our study of Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012, and other measures.

Colleagues, we have with us two panels here this morning.

In the first panel, we have six presenters.

We have Mr. Patrick Grady, an economist with Global Economics; we have Mr. Richard Kurland, who is a policy analyst and attorney; we have Mr. Ian Lee, professor at the Sprott School of Business, at Carleton University; we have Mr. Lorne Waldman with us as well; representing the Canadian Federation of Students, we have Madame Roxanne Dubois, national chairperson; and from Oxfam Canada, we have Mark Fried, the policy coordinator.

Welcome to all of you. Thank you for being with us. You each have up to five minutes maximum for an opening statement.

We will start with Mr. Grady and work our way down the line.

May 30th, 2012 / 10:05 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

If I may, then, Mr. Kneen, regarding the changes proposed here today, are we going to be in a position to adequately protect the environment against any mishaps that may happen regarding mining? I'm just wondering what should be addressed in Bill C-38 to adequately protect the environment when it comes to the inevitable accidents that are going to happen in mining?

May 30th, 2012 / 10 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Thank you, Mr. Chair.

And thank you, witnesses, for staying at a fairly late hour. I appreciate that you're still here.

A pipeline has spilled about 22,000 barrels of oil into the Alberta muskeg. It's a pretty significant environmental disaster. It's certainly going to have an impact on streams and wildlife, and fisheries in particular. The way the Fisheries Act is being modified by this bill talks about “serious harm” and “permanent harm”. I wonder if either Mr. Kneen or Mr. Hazell would like to speak.

This spill—presumably even one as large as this, one of the largest in North American history and one that is going to have an incredible impact—might very well be defined as “temporary” and not really subject to the provisions of the bill. Can we look forward to this kind of environmental disaster wreaking havoc on our fisheries with the way the act is going to be modified under Bill C-38?

May 30th, 2012 / 10 p.m.
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Conservative

Stella Ambler Conservative Mississauga South, ON

Well said. Thank you.

In a way, you've summarized why our finance minister talks about the importance of one project, one review. Even though environmental assessment is not at the top of his to-do list, he understands, like you, that it's all about jobs and it's all about economic growth. The bottom line is that duplications, delays, and all these types of impediments in the current process are affecting taxpayers and jobs in our country.

As a more general question, I want to address something one of the witnesses yesterday talked about, the BNA Act and the environment. I want to point out that the word “environment” doesn't appear in the BNA Act, but the courts have found subsequently that responsibility for the environment should be shared between federal and provincial governments.

Do you agree that federal, provincial, and territorial governments should share, not duplicate, responsibility for environmental assessments? Would you agree that Bill C-38, part 3, emphasizes sharing, and not the duplication of responsibility?

May 30th, 2012 / 9:50 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Thank you, Mr. Chair.

Mr. Fisher, Mr. Thomas, and Mr. Anderson, for the sake of clarity, I'd like to clarify something. With all due respect, I studied sustainable landscape management at UBC. I made many visits to the valley and to Chilliwack and other valley towns. I studied in that environment, and I want to clarify the basic science of surface hydrology and the role of riparian corridors, because I've heard a lot about farmers' ditches for the past couple of months.

Ditches act as first-order streams, whether they're man-made or natural. First-order streams flow into second order and they flow into third order, and eventually they reach deltas at the ocean. If you look at a satellite picture of the Fraser delta, you'll see massive siltation at the outlet of the delta.

Now, people will ask, “So what?” Well, any runoff that goes into those ditches increases siltation in a river, and the silts reduce the oxygen in that river. The reduction of oxygen reduces the capacity of a river to carry aquatic life—plain and simple. That's the plain science of surface hydrology.

The Fisheries Act leads to the protection of those riparian corridors because it recognizes that surface runoff reduces a river's capacity to carry life and fish. Mitigation such as hedgerows—or gravels, as you mentioned—helps the process, but if you remove these acts and the incentive to protect fish, some farmers will cut costs, and they will not take on the extra costs to do the mitigation measures. So this act is actually protecting the whole system.

A farmer knows their land well. I wouldn't want to say they don't. But it's a system. They're part of a system. A lot of farmers want to use all of their cultivable land. It makes economic sense. You want to increase the productivity of your land, but by doing hedgerows and by taking mitigation measures, you're protecting fish, which protects that industry.

Now, that's science. It's not manipulation, such as the government is doing in using language and perceptions to turn people against science. So I'd just like that clarified.

My question is actually for Mr. Hazell. Changes in Bill C-38 mean that cabinet now can overrule the National Energy Board's decision. Do you think the decision-making should be based on science, or is allowing big resource developments to be decided on a political whim a good idea?

May 30th, 2012 / 9:25 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Thank you for your passionate answer.

I would also like to know whether you think Bill C-38 takes into account cumulative effects. If not, why is it important to take into consideration the cumulative effects of large projects?

May 30th, 2012 / 8:55 p.m.
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Jamie Kneen Communications Coordinator, MiningWatch Canada

Thank you, Mr. Chair, and thank you for the invitation.

I am here today as a representative of MiningWatch Canada, a national non-governmental organization—not a charity—and as co-chair of the environmental planning and assessment caucus of the Canadian Environmental Network, which brings together some 60 groups and environmental assessment experts from across the country.

I'm here to urge you to ensure that the environmental provisions of Bill C-38 are given proper consultation and debate.

Part 3 of C-38, with which we are concerned today, is seriously flawed, and in our view, to allow it to proceed without very major amendment would be irresponsible. With all due respect to the experience and knowledge of this committee, there is simply no way of adequately addressing part 3 as part of C-38. These provisions must be separated and debated on their own, and if need be, removed and resubmitted to a new legislative process.

The government is arguing that the new Canadian Environmental Assessment Act, CEAA 2012, and related measures must be passed as part of the budget process, because they are urgently required to protect and promote investment and development.

The urgency is clearly manufactured. The existing Canadian Environmental Assessment Act was referred for review by Parliament two years ago. The government did nothing for 16 months, and it had actually dropped efforts by the minister's own regulatory advisory committee, as well as the caucus, to prepare for the review going back several years before that.

Just as importantly, these measures are more likely to exacerbate uncertainty and delay, which will ultimately put development projects at risk and drive away investment.

I would like to focus on three key problems in the new act: the abdication of federal responsibility over the environment; the abandonment of the principles of sustainable development and the integration of those principles into decision-making; and the serious diminution of public participation and the opportunity to fulfill government's obligations towards aboriginal peoples. I am not here to speak for aboriginal peoples, and I will not focus extensively on those issues, but both MiningWatch and the caucus have serious concerns in this area.

In place of a positive assertion of a federal role in EA, the act explicitly limits federal authority to specific regulatory jurisdiction, as in proposed paragraph 5(1)(a). This flies in the face of the Supreme Court's rulings in Oldman and MiningWatch, and ensures that federal environmental assessment will have no meaningful relation to ecological or social reality. This will make it all but impossible to establish any kind of consistent national practice.

The substitution and equivalency provisions do precisely what the caucus and others have studied and warned against. It will create a patchwork of inconsistent EA application, both within the federal government and between federal and provincial processes. Rather than seeking to use the federal regime as a backstop for coordinated and harmonized processes, it is to be broken up among agencies with different mandates, structures, and capacities—the Canadian Environmental Assessment Agency, the NEB, and the Canadian Nuclear Safety Commission—and will be further devolved to provincial and land claims mandated processes that have little in common with each other. The contrast between the federal and the B.C. assessments of the Prosperity mine project, which should have undergone a joint review, provides an excellent case study.

By weakening the federal role and splitting up federal assessments among several federal agencies and provincial and territorial EA processes, CEAA 2012 actually balkanizes EA across about 19 very different processes. It's certainly no longer a one-window approach. And given the weakness of its transboundary and regional assessment provisions, it's also doubtful that it will result in having “one project, one assessment”.

In terms of integrated decision-making, while the designated project list approach to triggering an environmental assessment is not necessarily a bad thing, the way it is used in this act is problematic. It's one thing to focus assessment efforts on larger projects with potentially more significant impacts, but in our view, it is a mistake to do so without making any effort to ensure that there are mechanisms to ensure that smaller projects are tracked, monitored, and, as necessary, assessed. At the same time, rather than integrating sustainable development, the screening process and the layers of discretion on whether an assessment will actually be undertaken and what its scope will be will tend to relegate environmental assessment to the margins of decision-making, both for projects and for regulators.

In addition, any mention of strategic environmental assessment—the assessment of policies, plans, and programs—has disappeared completely.

With regard to public participation, that is a key element in environmental assessment. Here, it is curtailed by the restricted number of projects being assessed, diminished opportunities for public participation, and artificially imposed timelines. If you recall, the Supreme Court did back MiningWatch in its decision on the Red Chris mine review, which was based on the guarantee of public participation in comprehensive studies under the 2003 CEAA amendments.

The new act promises public participation, but it provides no criteria and no guarantee that this promise will be carried into substitute processes. It contemplates participant funding only for panel reviews. Regardless, the arbitrarily compressed timeframes imposed under the new act will make meaningful public participation almost impossible. It's important to note that while the act imposes strict limits on the time available for public involvement and specifies only limited options for federal agencies to extend their time, it places no restriction whatsoever on the time a proponent may take in responding to information requests, or to change and resubmit project plans, which they do quite regularly.

In addition, and in combination with the inconsistency created by substitution and equivalency provisions, artificial timelines will make it very difficult for aboriginal communities to fully participate in environmental assessments, in recognition of their constitutionally protected rights. In short, even giving the most generous benefit of the doubt to both the formulation of the act's absent schedules and regulations, and the application of ministerial and bureaucratic discretion—in the general absence of useful criteria, I might add—the key features of this act cannot produce robust, effective, and efficient environmental assessment.

In its key aspects, it makes the process significantly less predictable and consistent. It limits its utility as a forum for establishing a social licence to operate and for fulfilling the Crown's obligation to obtain the free, prior-informed consent of aboriginal peoples for development projects affecting their lands and livelihoods.

The public has an expectation of fair treatment before the law. I would not be the first to note that in the absence of a public process that is perceived to be fair and that allows for the fulfilment of aboriginal peoples' rights, people will tend to take matters into their own hands. Lawsuits and direct action will also create greater uncertainty and unpredictability, and can reasonably be expected to more than counter any anticipated efficiency gains.

It's hard to avoid the conclusion that faced with complex legal and jurisdictional questions, and under pressure from the provinces and some industry sectors, the government has chosen to basically throw up its hands and walk away from all but its essential legal obligations. That is simply not acceptable.

Thank you.

May 30th, 2012 / 8:50 p.m.
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Prof. Len Zedel

It's one line in Bill C-38 about the Coasting Trade Act. It has implications for the Canada-Newfoundland and Labrador Offshore Petroleum Board, as to how offshore projects are regulated.

My impression is that a full and thorough debate is hard to have when this issue comes up as one line in an omnibus bill.

May 30th, 2012 / 8:45 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

The only thing I'm going to say at this point is this. Does this mean that for every witness who comes before us now we're going to have to ask them what political party they're associated with, what background...what activity they've done, what's their history, what comments they may have made? It's taking it to a level where we shouldn't be going.

Why don't we just talk to the witnesses about Bill C-38 and get on with this?

May 30th, 2012 / 8:45 p.m.
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Stephen Hazell Senior Counsel, Ecovision Law

Thank you, Mr. Chair. I appreciate the opportunity to appear before the committee this evening on a very important matter for Canada's environment and for sustainable development.

My message to the committee is this: less haste, more speed. The Canadian Environmental Assessment Act, by virtue of Bill C-38, will be repealed in total. It's not a tweak. It's not just about streamlining and timeframes, as was suggested in the budget documents. You are repealing an entire federal statute, and you are replacing it with another that includes a number of new concepts that have not been tested.

Many of the recent comments by several ministers have focused on the perceived need to streamline environmental assessments, such as by authorizing the substitution of federal reviews by provincial reviews, and to ensure that panel reviews are completed within reasonable timeframes. While Bill C-38 proposes many important and mainly unwise amendments to achieve streamlining and certainty in panel review timeframes, these are far from the most important changes to environmental assessment proposed in Bill C-38.

In the time I have available I want to touch on three main areas of concern that I have with respect to the bill.

The first thing is that the bill would essentially eliminate the legal requirement to carry out project environmental assessments. This will mean far fewer assessments and much narrower assessments of those project assessments that do occur. How does this work? Right now under the Canadian Environmental Assessment Act all triggered federal projects require assessment unless they've been excluded by regulation or by operation of the statute. Now, only projects that have been designated pursuant to a regulation would be subject to the act.

Let me pause here to say that we have not yet seen a draft of this regulation, although we do know that the Canadian Environmental Assessment Agency has been working on it. It is absolutely imperative for this committee to see that regulation before signing off on anything.

We don't know how long or how short this list of designated projects will be. We understand that the government is making use of the comprehensive study list regulations, the current regulations, as a template for that. At the moment, the Canadian Environmental Assessment Act registry lists 39 comprehensive studies being undertaken and 11 panel reviews. So a fairly small number of comprehensive studies and panel reviews are being undertaken. Under the new law, roughly 4,000 environmental-screening assessments being undertaken annually under CEAA would be eliminated.

There will be a fairly small number of so-called designated projects that will be subject to the act. But that doesn't mean they will actually be assessed for their environmental effects. Proposed paragraph 10(b) of CEAA 2012 gives the Environmental Assessment Agency the authority to make the determination that these designated projects not be subject to environmental assessment. In effect, there could be very few environmental assessments of projects undertaken pursuant to the new law.

Scott Vaughan, the parliamentary commissioner, was here yesterday. He estimates that 20 to 30 environmental assessments will be undertaken under the new law. I would suggest that this amounts to an abandonment by the federal government of environmental assessment. Thus the new bill could well be an empty vessel, with very few environmental assessments actually being carried out.

If this is the case, and if the new bill is applied to a mere handful of projects annually, it really doesn't matter what the rest of the legislation says with respect to timelines, substitution, equivalency, and public participation. The fact is that there's going to be very little environmental assessment activity happening at all.

My second point relates to the abundance of discretion in the bill.

I would say that CEAA 2012 is not so much a law imposing requirements for the conduct of environmental assessments as it is a statute enabling the exercise of discretion by ministers and responsible authorities. The new bill provides broad discretion to the agency and the environment minister to determine that the environmental assessment of a project is not required, to scope the factors to reconsider the environmental assessment, and to determine whether a provincial project is “an appropriate substitute” for the federal process.

This will inevitably result in the politicization of environmental assessment and consequent delays. Right now we have clear rules. We're substituting those clear rules with discretion in the hands of the agency's responsible authorities and the minister.

For example, assume that aggregate quarries on the scale of the proposed Melancthon quarry in southern Ontario are listed as a designated project by regulation. The first step of the proponent of such a quarry could well be, through obtaining an Ottawa lobbyist, to pressure the agency and the minister to exercise the proposed paragraph 10(b) discretion to ensure that no environmental assessment is required, or failing that, to exercise proposed subsection 19(2) discretion to scope the environmental assessment of the quarry down to a stream crossing.

This sort of thing does go on, I'm afraid.

My third point relates to increased litigation risks.

There will be increased litigation risks because we have a brand new piece of legislation with many new concepts that are being incorporated using terms such as designated project, environmental effects, interested party, appropriate substitute. This legislation has been developed in secret—I would suggest in haste—without the benefit of other experts, whether from industry or from civil society, and that means there are likely going to be many mistakes.

I note that the cone of silence approach that has been taken with respect to this bill is strikingly different from that undertaken with respect to previous environmental assessment laws. The original Canadian Environmental Assessment Act in 1992 was preceded by several years of public discussion and three different bills tabled in Parliament.

The major amendments to CEAA in 2003 were also preceded by a public consultation led by the agency, as well as the House of Commons environment committee hearings.

In addition, there was a multi-stakeholder process called the regulatory advisory committee, which had industry, environmental groups, first nations, provinces, and federal departments that worked over draft regulations to ensure they were right, before they came into force.

Unfortunately, we have none of that now. I do suggest that the use of a multi-stakeholder body would be an important way to get this legislation right. The government does have some record in this. I've been a part of a multi-stakeholder group that has been working on the air quality management strategy, which has had industry representatives and environmental groups, as well as provincial governments led by the Government of Alberta, and we're very close to a national deal that will reduce smog emissions in this country as part of a multi-stakeholder process, not a unilateral process.

I've only touched on a few of the many grave concerns that I have with this legislation, and certainly this subcommittee faces a significant challenge in trying to understand the bill, first of all, understand the comments of witnesses, and propose amendments that could mitigate the, frankly, devastating impacts that this legislation will have on Canada's natural environment.

Less haste will yield more speed and a better law.

My recommendation is that this subcommittee remove the proposed CEAA 2012 from Bill C-38, and propose to the overall finance committee that it be referred to the House of Commons environment and sustainable development committee for its review. I would further suggest that this review be done in collaboration with some multi-stakeholder group.

I would have suggested the National Round Table on the Environment and the Economy, but obviously that's not possible.

My final comment is that I want to repeat something I said before.

I think it's really important that this committee have that draft designated projects regulation in front of it before you wind up your hearings. I believe that the committee should ask the Minister of the Environment for that regulation before you wind up your process here.

Thank you very much, Mr. Chair.

May 30th, 2012 / 8:35 p.m.
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Lorne Fisher Councillor, Corporation of the District of Kent

Thank you very much.

On behalf of the five municipalities from the Upper Fraser Valley of British Columbia—the City of Chilliwack, the District of Hope, the District of Kent, the Fraser Valley Regional District, and the Village of Harrison Hot Springs—I wish to extend our appreciation to the committee for this invitation to participate in the discussions of the changes to the Canadian Environmental Assessment Act, the Fisheries Act, and the Species at Risk Act, as proposed in Bill C-38.

We commend the federal government for taking these initiations to simplify and expedite the approval process for major projects that have environmental implications. As communities that facilitate the corridor for major transmission lines, pipelines, both major railway lines, and the Trans-Canada Highway, we are well aware of the public hearings, etc., that major corporations—such as BC Hydro, Fortis, etc.—have to satisfy in order to expand their services to our communities and to the province of B.C. as a whole.

This is a stringent approval process; however, the efficiency of the present system could be improved. It is hoped that the changes proposed in Bill C-38 will achieve that objective. Time is money, and lengthy delays in the approval process for major projects can result in lost opportunities and can be harmful to the overall economy of our country.

However, of immediate concern to our communities in the Fraser Valley are the proposed changes to the Fisheries Act and the Species at Risk Act. The Fraser Valley is a flood plain known for the very high productivity of its soils for forage production—five or six harvests per season—and its specialty crops of fruits and vegetables.

Because of relatively high seasonal rainfalls and high water tables associated with the annual freshet from the Fraser River, it is essential for the productivity of these soils that they be drained effectively. This requires the annual maintenance of a network of engineered ditches that have been constructed to maintain the quality of these soils. The farmland and the surrounding forest and mountains are also drained by natural streams and sloughs that are legitimate fish habitat, and by the Fraser River itself, which of course is habitat for salmon and other species of fish such as the sturgeon.

The conflict between the farmers and the municipalities on the one hand, and the Fisheries Act and the Department of Fisheries and Oceans personnel on the other, is DFO's insistence that agricultural drainage ditches are fish habitat and therefore subject to the DFO directives based on the Fisheries Act. Therefore, obtaining approvals for annual drainage maintenance and routine culvert and bridge repair has become a major expense for the municipalities and a source of frustration for the farmers.

For the District of Kent, whose major industry is agriculture, 80% of the drainage costs are due to direct and indirect costs of getting approvals and permits from DFO. The proposed changes in the definition of fish habitat, as stated in Bill C-38, would limit fish habitat to streams, sloughs, and rivers, which are the habitat of the commercial fishery, and hopefully they will exclude agriculture drainage systems from being designated as fish habitat.

Similarly, if routine ditch maintenance is considered to result in the destruction of fish habitat, the municipalities whose ditches were involved must have provided compensation in the past, in the form of establishing new riparian areas that must be maintained in perpetuity. This requirement may be justified if natural streams are involved; however, it should not be required for ditches that are dry for a significant portion of the year. It is our interpretation that the proposed changes in Bill C-38 would eliminate the requirement of this form of compensation when drainage ditches are cleaned.

The Fraser Valley has a moderate climate, which has resulted in the identification of some waterways as home to species that are rare in Canada, such as the Salish sucker, Nooksack dace, and the Oregon spotted frog—which obviously belongs in Oregon.

That was not a problem for the municipalities until the Salish sucker and the Nooksack dace were declared endangered species by the federal Species at Risk Act, and the Oregon spotted frog was designated endangered by the British Columbia Ministry of Forests, Lands and Natural Resource Operations. These two species, the Oregon spotted frog and the Salish sucker, share the same habitat, except the Salish sucker prefers deep, shady, cool waterways, and the Oregon spotted frog prefers sunny, grassy ponds.

The frustration for municipal staff is that they may get a permit for drainage maintenance from the federal DFO, only to have it forestalled by the staff of the provincial ministry. This type of conflict does not appear to have been recognized in the proposed changes to the Species at Risk Act. For the species that occur in only a very limited area of one province, it is suggested that their designation as a species at risk should be left up to the province that they call home rather than up to the federal act.

In the past year, DFO staff have been very diligent at holding public hearings to discuss with farmers, industry, and municipal staff the implications of establishing a critical habitat for the Salish sucker in the Fraser Valley. The maps of these designated areas of critical habitat were provided in the draft of the proposed recovery strategy for the Salish sucker. The suggested restrictions on the use of agricultural land and the management and development of streamside urban properties, as occurs in the village of Harrison Hot Springs, are major restrictions on the value and the use of land.

Of greater concern, in spite of many requests from the public, DFO could not or would not provide a cost-benefit analysis for the establishment of this critical habitat nor would it commit to a population for the species deemed as suitable. In fact, the strategy states that it is likely that the species will remain at risk for the foreseeable future. There are changes to the Species at Risk Act, which are proposed in Bill C-38, that should eliminate some of this degree of uncertainty.

A number of issues have been identified in these very short introductory remarks. We look forward to further discussions related to the suggested changes in the legislation concerning both the Fisheries Act and the Species at Risk Act. Thank you.

May 30th, 2012 / 8:20 p.m.
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Professor Richard Steiner Professor, University of Alaska, Conservation and Sustainability Consultant, Oasis Earth Project, As an Individual

Thank you.

I appreciate the opportunity to provide my comments on that specific provision of Bill C-38 as well, the exemption for foreign-flagged vessels.

On its surface, it's not a bad idea per se, but I would caution with one caveat, and that is you have to have a very good government regulatory environment, plus good enforcement of that regulatory environment, to make sure it's as safe as possible. We had a good experience here in the United States just two years ago with a foreign-flagged, foreign-owned vessel that we thought was under good U.S. control. It's named the Deepwater Horizon. I think we all remember the catastrophic results of that. That vessel was flagged in the Marshall Islands and owned by Transocean. We thought the U.S. government was doing the proper job in regulating it; it wasn't. So we have to have very high controls in the regulatory environment here.

I'll make a couple of very quick, respectful recommendations for the bill or this provision of the bill. Number one, make it explicit in bill language that the exemption does not exempt the vessel from any Canadian existing or future regulations or laws. I think it's important that environmental regulations not be rolled back in any way in this bill. I think this bill is actually an opportunity, a good opportunity, to strengthen Canadian environmental regulation. I think that's in industry's best interest as well, as we found out here in the United States.

Secondly, I think this is an opportunity to improve Canadian standards. By the way, I would offer that in my opinion as a biologist, neither the Canadian standards for seismic mitigation nor the United States' standards are as good as we can do. We need to do better, and we must do better.

Thirdly, I would respectfully recommend that the bill ask the Canadian and U.S. governments to develop a bilateral agreement to make seismic mitigation and monitoring consistent across our borders, in the Atlantic, the Arctic Ocean, and in the Pacific. It makes no sense to have conflicting regulations and monitoring environments.

Finally, I would recommend that the bill suggest that the Canadian administration negotiate a seismic mitigation protocol at the Arctic Council to be trans-Arctic. I think Professor Zedel did very well in going over some of the very brief risks of seismic arrays offshore—and they are very real—so I will not touch on those here. I did provide the committee staff with a copy of notes, and you're all welcome to have those if you would like.

My principal issue is that neither the U.S. system nor the Canadian system are as good as they need to be in managing seismic shoots offshore. I've scanned the statement of Canadian practice on this, and, frankly, a 500-metre safety zone for seismic shoots is in and of itself insufficient. It needs to be a received level, a sound level for cetaceans, pinnipeds, seabirds, and fish. We know that impacts can go out to 50 or 60 kilometres on certain species away from seismic arrays, and the effects can be quite profound, particularly with continuous sound pulses over a long period of time.

There are a number of other things. In the transboundary radiation of sound, even though these guns are pointed down into the seabed, which is where they're targeted, there's a lot of horizontal radiation and propagation of the sound out to several hundred kilometres. If we are, for instance, shooting off the Alaska Arctic coast, the Beaufort Sea off the Canadian Mackenzie Delta is going to be radiated with sound as well. So we have to have some consistency and, I feel, a bilateral agreement to make it as safe as possible.

I think I'll stop at that. There are a number of other issues I touched on in my notes, and I would encourage all of you to take a look at those.

I would be delighted to answer any questions.

Thank you very much.

May 30th, 2012 / 8:10 p.m.
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Matthew Holmes Executive Director, Canada Organic Trade Association

Thank you, Mr. Chair and honourable members.

I am very pleased to appear before you this evening as a representative of the organic sector in Canada. The Canada Organic Trade Association is the member-based organization representing the organic value chain, from producers and manufacturers through to retailers and exporters.

The organic sector is relatively new, but it is growing at a tremendous speed. The recently released Statistics Canada census of agriculture data showed that while total farms in Canada have declined by 17% since 2001, the organic farms have increased by 66.5%. So we now have approximately 5,000 certified operators in Canada, including handlers and manufacturers.

Our domestic market is worth over $2.6 billion per year, making Canada the fifth-largest world market for organic. Globally, organic sales are now valued at $59 billion per year.

In 2009, COTA welcomed the government's new regulations for the organic sector, controlling and defining organic claims in the marketplace and making the national standards mandatory. Subsequently, the government established progressive trade agreements through the world's first equivalency arrangements with the United States and the European Union, giving Canadian domestic certification and Canadian producers unparalleled access to 96% of the world market.

Although it's a quickly growing market, the organic sector in Canada still faces many challenges, including supply shortages, especially in seed. It's an impasse in which we are obliged to meet our regulated standards but have no formalized government mechanism or funding to innovate or respond to opportunity in those standards, which is similar to the issue Mr. Kingston raised. A particular risk to our business model is posed by the unmitigated introduction of prohibited genetically engineered products. This can cause our members to lose the organic designation of their product, with loss of market access.

On the current changes proposed in Bill C-38 pertaining to the Seeds Act in division 26, COTA notes that the role and authority of the president of CFIA are increased significantly. The proposed changes would give the president of CFIA the ability to grant licences to any person to perform any activity related to controlling or assuring quality of seeds, including sampling, grading, or labelling. Under the current legislation, the only other role described by the Seeds Act for the president of CFIA is the designation and oversight of inspectors.

It's important to note that the proposed changes, in our opinion, do not remove the powers of the CFIA inspectors, but may provide CFIA with the avenue to outsource review services for specific functions or aspects. That outsourcing could go to industry groups, private enterprise, or individuals, as far as we know.

I should note that the Canada organic regime is delivered via a system of third-party inspectors, accredited certifiers, and conformity verification oversight bodies enforced by CFIA and its inspectors. Therefore, I cannot speak against third-party delivery of certain services and functions that have regulatory oversight. However, without more details, which we don't yet see in Bill C-38, on who would qualify for such licences and how they would be overseen and enforced, it is prudent to caution that there could be an inherent risk due to lack of transparency, accountability, or neutrality. This is dependent on the limits and parameters established by the Governor in Council.

It's also feasible that this new role for the president of CFIA has the potential to enable external criteria or purity standards to come to bear on the introduction of new seed varieties. That could lead, for example, to the introduction of new genetically engineered seed that has been approved by a foreign government but has not been reviewed or assessed for environmental release in Canada.

Such a shift within CFIA and the Seeds Act certainly echoes sentiments expressed by the biotechnology sector calling for a low-level presence policy in Canada to allow unapproved events from genetic engineering appearing in shipments below a certain threshold to enter Canada without action or mitigation. But as you know, seed has a tendency to grow and multiply, so for the organic sector, the introduction of new GE seeds into our environment, without at least the check and balance of due process and review by government agencies, threatens the integrity of our quickly growing and high-value market. And this market, I'll remind you, is directly responsive to consumer preferences and concerns.

Thank you for your invitation to speak and your attention tonight.

May 30th, 2012 / 8 p.m.
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Philippe Bergevin Senior Policy Analyst, C.D. Howe Institute

Thank you, Mr. Chair. Thank you for giving me the opportunity to appear before you today.

My name is Philippe Bergevin. I am a senior analyst at the C.D. Howe Institute. My remarks will focus on a slightly different topic, at the committee's request. I have prepared some observations on the Investment Canada Act.

I will be making my presentation in English, but I will be pleased to answer your questions in both French and English.

To start, I'd like to offer some specific comments on the amendments contained in division 28 of Bill C-38, which relate to the Investment Canada Act. Overall, I believe the measures are positive, although perhaps they do not go far enough. The measures that are aimed at facilitating the disclosure information related to the act are definitely welcome steps. Increased transparency enhances predictability in the application of the act, which obviously is positive for both investors and the public at large.

I do, however, see some potential unintended consequences with respect to the proposed powers for the government to accept securities against potential fines imposed on foreign investors. While this amendment will enhance the credibility of the commitments made by foreign investors to the government, I believe they will have, to some extent, a chilling effect on some foreign investors. If they were to become common practice, it would, frankly, perhaps raise some red flags in the case of some investors.

I think that's going to increase the level of transparency further in terms of the act itself. There are still no formal requirements for the minister to disclose publicly the reasoning for rejecting an investment, in particular if and when a foreign investor eventually withdraws their application. It's important for the minister to articulate his or her reasoning when turning down an investment, and even when accepting an investment, because it builds an inventory of decisions that can help clarify the legislation and therefore the understanding of potential investors. Disclosure also helps the notion that the review process is not unduly politicized, but rather based on sound principles.

There are also, in my opinion, further opportunities to clarify aspects of the act through the use of guidelines. The criteria used under the act are inherently subjective and unpredictable in their application, so the increased use of guidelines helps provide more guidance on the government's interpretation of the act.

More fundamentally, however, I would respectfully submit that parliamentarians consider whether the net benefit test is the right question for Canada, in the same spirit as the Red Wilson competition policy review panel report. I think Canada should adopt a national interest test and scrap the current net benefit test. What does that mean in practice? It simply means that you move the burden of proof from the business to the government, so it requires the federal government to invoke important public policy reasons such as national security, or cultural policy, for instance, to block a proposed investment.

There are already some similar concepts in the act, but such public policy reasons would become the main building block of the act under national interest tests. Such an approach would be more consistent with the view that there are positive benefits, on average, associated with foreign investment, while recognizing that in some limited circumstances there are valid public policy reasons that could be invoked to deny a foreign investment proposal.

To conclude, while the amendments before you in regard to enhanced transparency regarding the Investment Canada Act are, in my opinion, positive steps, there's an opportunity to adopt a test that would recognize that in most instances foreign investment is beneficial for the Canadian economy, while making sure that the federal government still has all the latitude to uphold important public policy objectives.

Thank you.

May 30th, 2012 / 7:55 p.m.
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Bob Kingston National President, Agriculture Union

Good evening. My name is Bob Kingston. I am the national president of the Agriculture Union.

Before going on a leave of absence to serve as an elected union officer, I spent 25 years as a CFIA and Agriculture Canada inspector, including 15 years as a multi-commodity supervisor.

For the Agriculture Union, two themes emerge from the amendments to the Seeds Act and the Health of Animals Act proposed in Bill C-38.

The first can best be summed up by quoting the British statesman and philosopher, Edmund Burke, who once said that those who don't know history are destined to repeat it. Let me explain.

Bill C-38 would amend the Seeds Act to privatize the seeds program, including inspection. The CFIA president will issue and revoke licences for private companies to whom this responsibility is handed off. This presumes that the CFIA will be in a position to set standards for these companies, and enforce those standards through oversight, except as in this case, CFIA often designs systems without considering the resources required to properly monitor the systems they put in place.

For example, we can look at the Maple Leaf Foods listeriosis outbreak in the late summer of 2008. The Prime Minister appointed Sheila Weatherill to find out why the outbreak occurred and to recommend ways to prevent another.

Just before the outbreak, the CFIA had implemented a new inspection system called the compliance verification system, or CVS, a fact that was central in Sheila Weatherill's report. Let me quote what she had to say about CVS. The CVS was “implemented without a detailed assessment of the resources available to take on these new tasks”. She also found that the CVS was flawed and in need of “critical improvements related to its design, planning and implementation”.

Ms. Weatherill recommended that the CFIA make sure that its resources and inspection processes are in alignment; in other words, make sure you know how many inspectors and other resources you need to make your systems work properly.

With all of the positions being cut at CFIA, they simply do not have the resources to take on the oversight required by the proposals in Bill C-38, especially when you consider the other new systems the agency is currently developing, also without regard for available resources.

For example, the agency is putting in place a new regulation to license all food importers. This may or may not result in safer imported food, but without additional resources to monitor compliance and enforce standards, we'll never know. Regulations without enforcement capacity are worse than no regulations, and the new licence system may become little more than an unattended paper exercise.

As Mr. Burke would advise, remember the lessons of the Maple Leaf outbreak when considering new systems at the CFIA. There are many examples like this, but none more serious than what happened at Maple Leaf, which was pretty serious.

However, time is short, so I'll move to the second theme, which is the secrecy around the decisions related to the budget.

Changes at the CFIA arising from the budget were decided in secret. This was unfortunate because many senior managers at the agency have little expertise or experience in the industry they regulate, meaning that the wisdom, knowledge, and experience of their front-line experts would have been invaluable in making those decisions. Without that expertise, decisions were made that could have serious consequences. Let me give you an example.

Because of budget cuts, the agency has decided to close its plant quarantine facility at Saanich on Vancouver Island and move the operation to Summerland, in the heart of the wine and fruit industry in the B.C. interior. If made in the open, this decision would have raised red flags among those involved with plant health or fruit production in B.C. Even the expert industry-government advisory group, the British Columbia Plant Protection Advisory Council, was not consulted, and still hasn't been.

This is a post-entry quarantine station where plants are grown for years while being checked for diseases before being released into the regular production environment. South Vancouver Island is a good place for it because of its natural isolation characteristics. This decision will put potentially diseased plants in the middle of one of Canada's richest agricultural regions.

In addition, the Summerland facility will have to be expanded and land purchased, costs that will offset potential savings. As well, the current site cannot be sold by the government as it is locked up in aboriginal title.

We have other concerns about the proposed amendments to the Health of Animals Act, as well as several other things going on right now in the agency, but time is short, so I guess I'll have to hope there's a question.

May 30th, 2012 / 7:55 p.m.
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Executive Director, Nature Québec

Christian Simard

This is important. I have heard a lot of nonsense about it. However, as a former sovereignist MP, I am very interested in the issue of overlap between provincial and federal authority.

As you know, there are already some agreements on environmental assessments between the federal government and the Government of Quebec, with a view to using the best procedure available. When a project comes mostly under Quebec's jurisdiction, Quebec's procedure applies, and when a project mainly comes under federal jurisdiction, federal procedure applies. There is an agreement about that.

Actually, this provision looks more like an abandonment of responsibility than delegation. There are various elements involved. For instance, earlier, it was said that habitat protection responsibility may be delegated to third parties. However, those third parties can be companies, which are not necessarily conservation agencies.

If we take a closer look at this, it is not a matter of halieutic strategy—in other words, a strategy for protecting fish and their habitat. It is more of an industrial strategy based on the philosophy whereby the environment is an impediment to resource development. According to that philosophy, if a lot of resources are developed and a lot of money is made, some of that money will go towards environment protection. That is a very outdated view of sustainable development, but it is nevertheless the underlying strategy.

When it comes to the Gulf of St. Lawrence, we could say that it is better for a single office—in this case the National Energy Board—to assess the gulf, instead of five provincial offices or partnerships between Canada and Quebec or Newfoundland and Labrador. In a way, that is somewhat logical. The issue stems from the fact that this task will be entrusted to the National Energy Board, which is primarily concerned with energy projects and for which environmental or habitat protection is an afterthought. The whole process is being corrupted.

In some cases, it may be said that this is a good thing. We may think that the Gulf of St. Lawrence comes under federal jurisdiction. Resources are a provincial responsibility, but habitat comes under interprovincial jurisdiction. Therefore, if the federal government does not conduct a full assessment, it is abandoning its responsibilities.

The reform is supposed to protect fish habitat, but in fact, it is unfortunately a tenacious attempt to create shortcuts and bypass assessments in order to move things forward as quickly as possible. For instance, Bill C-38, which is before us today, allows the National Energy Board to decide within a 45-day period that a seismic exploration assessment is unnecessary. However, that may lead to serious problems for sea mammals. You know, exploration zones are created to check whether there is oil on site, and the board could simply decide, within 45 days, that it is unnecessary to conduct an assessment at the exploration stage. However, we know that the exploration projects in the Gulf of Mexico were a failure.

The government is playing the sorcerer's apprentice by proposing a very broad reform, included in a piece of legislation on budget application. This is a very broad reform that is riddled with shortcomings and possible loopholes to encourage—in the absence of scientific evidence and time for reflection—overly rapid development of natural resources that may cause massive pollution.

May 30th, 2012 / 7:50 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Thank you, Mr. Chair.

I would like to use my time to ask Mr. Simard some questions.

Mr. Simard, thank you for joining us. I would first like to point out that you said that Bill C-38 violates the non-regression principle in terms of environmental protection. I would like you to provide us with more information about that.

It is said that Bill C-38 will enable the federal government to delegate environmental assessment responsibilities to the provinces, under the pretext that time delays are too long or that there is duplication of work. However, yesterday, the commissioner said that the delays were due to a lack of coordination between departmental agencies and that an agency may exempt the same designated project because it no longer has enough time to assess it.

As a result, the number of assessments could go from 6,000 to 30 per year. How could that affect the Great Lakes or the Gulf of St. Lawrence?

May 30th, 2012 / 7:25 p.m.
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As an Individual

Thomas Siddon

Mr. Chairman, what I see being attempted here, with all due respect, is to suggest that the principle of section 35 can be replaced by a long recitation of some of the practicalities of application, which is the place for regulations, not for legislation. The principle should stand as it stood in the first three lines of section 35—only three lines.

I also want to quickly say, Mr. Chairman, that there's a significant distinction between the use of the term “serious harm” in the proposed legislation and the term “No person shall carry on any work...that results in harmful alteration, disruption or destruction...”. “Serious harm”, under the definitions of Bill C-38, is that you have to kill fish before you've done serious harm. I think that's long after the barn door has been left open and all the cattle have got out.

Further to that, we're giving the minister such broad powers of stepping away from the provisions of the principle of the act, which is a protective principle, not a permissive principle. What this act is proposing is to take away the protective nature of the Fisheries Act—in particular, section 35—and replace it by a whole bunch of permissive loopholes, which I object to.

May 30th, 2012 / 7:20 p.m.
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Conservative

Randy Kamp Conservative Pitt Meadows—Maple Ridge—Mission, BC

Yes, but my point, Mr. Siddon, is that the strategic direction we're taking with the Fisheries Act changes in Bill C-38 is to provide greater focus on fisheries resources, not necessarily on fish. Now, I don't know if you agree with that, but let me carry on with the historical story.

That was in 1986. This was your policy, which reads very similarly to what we have in Bill C-38. I don't see how we can conclude anything other than that. That was the interpretation of section 35, the HADD section, as it was known by your department at that time.

Now as the years went on—after your time, Mr. Siddon—they developed a decision-making framework to know how to provide authorizations and which projects needed it and would get it and so on. That document from 1998, which was called “A Decision Framework for the Determination and Authorization of Harmful Alteration, Disruption or Destruction of Fish Habitat”, has an important section, section 2, that says the first question the manager needs to ask himself is, if the project site is in an area potentially impacted by the project, is fish habitat present there?

It says this: Section 35 is not about the protection of fish habitat for the benefit of fish, but of fisheries. Therefore, the decision required is a determination of whether or not the potentially affected fish habitat directly or indirectly supports—or has the potential to support—a commercial, recreational or subsistence fishery.

I put it to you, Mr. Siddon, that this is precisely the direction that we're taking, the direction that you contemplated in the habitat policy, which is still in effect to this day. We are enshrining in legislation what is in the habitat policy, so that we have the legislative clarity and the tools to be able to move forward with the policy you put in place.

May 30th, 2012 / 7:15 p.m.
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Executive Director, Nature Québec

Christian Simard

Under the new environmental assessment provisions, environmental impacts will be limited to the impacts on fish, aquatic species protected by the legislation, and migratory birds—with the exception of federal land. That scope is extremely limited and will allow for a laisser-faire approach and a lack of assessment, which may have a major impact on future projects and environmental protection.

Much has been said about the Fisheries Act. Provisions on fish habitat will be amended so as to protect only fish that is important to trade, aboriginals or recreational fishing. The provisions of Bill C-38 radically reduce the notion of habitat protection.

Nature Québec fully agrees with the letter 650 Canadian scientists sent to Prime Minister Harper to complain about the amendments to the Fisheries Act. They define habitat as "the aquatic and/or terrestrial environment necessary to the survival of all species, including fish. All species, including humans, depend on healthy habitats".

Therefore, protection cannot be limited to certain habitats or certain types of fish. Doing that would distort everything we refer to as ecosystems and the protection of the environment. Wildlife habitats, already poorly protected, will lose virtually all protection. The focus will be placed on certain species that are dependent on a quality habitat.

I would like to conclude my remarks by saying that our ecological footprint on the planet is already very large. Development can no longer be done like it used to. We must absolutely ensure the durability of ecosystems and cannot pit economic development against environmental protection, as this bill seems to be doing. It provides for many systems that function by exception, geographic exceptions. Certain zones, certain activities, such as road and mine construction, could be removed from the Fisheries Act.

As you know, there is already an exception in the Metal Mining Liquid Effluent Regulations that makes it possible to not comply with the Fisheries Act. That led to the transformation of natural lakes into tailing ponds. That's one small exception whose meaning was corrupted in reality. With the way things stand, how many natural lakes or rivers will be used for roads, without assessment, without examination, without protection, to eventually be made into tailing ponds?

There are bogs in northern Quebec and Canada, and some wetlands are not necessarily suitable for fishing but are essential for ecosystems. So it is extremely important to not create this type of discretionary exception system. That is why Nature Québec is in favour of major change and the removal of those bill provisions on budget application.

Thank you.

May 30th, 2012 / 7:10 p.m.
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Executive Director, Nature Québec

Christian Simard

On behalf of Nature Québec, I want to thank the members of the Subcommittee on Bill C-38 for having me this evening. I will make my presentation in French.

Nature Québec is a non-profit organization that brings together individuals and 120 conservation organizations from across Quebec. So we have several thousand members and supporters who work on protecting the environment and promoting sustainable development.

Nature Québec works on maintaining species and ecosystem diversity. Since 1981, our organization has been committed to the objectives of the World Conservation Strategy of the International Union for Conservation of Nature, or IUCN. Our objectives are to maintain essential ecological processes and life support systems, to preserve genetic diversity and to ensure the sustainable development and utilization of resources and ecosystems.

Nature Québec is an active member of several coalitions, including the St. Lawrence Coalition, an interprovincial coalition that was created to convince government institutions to urgently put a moratorium on gas and oil exploration and development in the Gulf of St. Lawrence, until such a time as a full environmental assessment is conducted on the impacts of that industry.

Like others before us, we want to reiterate that the use of a budget implementation bill that amends 69 pieces of legislation and transforms Canada's environmental protection economy—including 19 pieces of legislation or areas of activity that are affected at that level alone—is a perversion of democracy, and at the very least a lack of respect for parliamentary institutions.

It is totally unacceptable that the Standing Committee on Environment and Sustainable Development—on which I sat between 2004 and 2006 as a member for Beauport—Limoilou—was not asked to hold a thorough debate and broad consultations on the legislative provisions that are directly related to and will directly affect environmental protection in Canada. I must admit that we fully agreed with the recommendation made by Ecojustice, which appeared yesterday or the day before, asking that the bill be divided, so that at least part 3 would be subject to a specific piece of legislation that could be thoroughly debated. The bill was drafted quickly, with provisions that apply both retroactively and immediately, and some provisions we are not familiar with that will apply pending a cabinet decision later on. Part 3 of the bill is worthy of special treatment and should be debated thoroughly.

When I was an MP, I remember having agreements with the Conservative Party, more specifically regarding Bill C-15, An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999. We obtained a fairly special amendment that helped protect migratory birds from oil spills. I would like to see that Conservative Party again. By passing that bill, they made some progress in terms of the environment in Canada.

Through various measures, Bill C-38 directly violates the principle of non-regression in environmental law, a principle that will be debated and perhaps adopted in Rio. That principle was adopted at the third international meeting of environmental law experts and associations in Limoges, in 2011. It says the following:

To prevent any regression in environmental protection, the states must, in the common interest of humanity, recognize and establish the non-regression principle. To do so, the states must take the necessary steps to guarantee that no measures shall reduce the level of environmental protection achieved thus far.

I will talk about hydrocarbon development and the concrete impact Bill C-38 will have in terms of that. Pursuant to provisions retroactive to July 1, 2010, Bill C-38 sows confusion in the ongoing assessment process in the Gulf of St. Lawrence and opens the door to oil development without proper environmental assessment. The Canada-Newfoundland and Labrador Offshore Petroleum Our understanding is that the board's role as the responsible authority for environmental assessment was taken away, retroactive to July 1, 2010.

What is happening with the ongoing screening process? Who will take over? Will it be the National Energy Board, which is one of the three recognized authorities, along with the Canadian Environmental Assessment Agency and the Canadian Nuclear Safety Commission? The board will have 45 days to determine whether a more in-depth environmental assessment is necessary.

I want to remind you that only three responsible authorities will now be recognized—the Canadian Environmental Assessment Agency, the National Energy Board and the Canadian Nuclear Safety Commission. However, two of the biggest recent environmental disasters—the Gulf of Mexico oil spill and the Fukushima nuclear disaster—tell us that there must be independent alternatives to such regulatory agencies as the NEB and the Canadian Nuclear Safety Commission, which are often too close to industry interests to do credible work in terms of environmental protection.

I want to remind you that the value of fish landings in the Gulf of St. Lawrence is $500 million a year, and the total value amounts to $1.5 billion if we take processing into account. That is a real treasure trove, which is already available, while the hope in hydrocarbons is still only potential.

Allowing oil exploration without a full environmental assessment guarantee would be totally irresponsible. You will recall that recent disasters in the Gulf of Mexico and the North Sea happened during the exploration stage.

How much time do I have left, Mr. Chair?

May 30th, 2012 / 6:55 p.m.
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Pamela Schwann Executive Director, Saskatchewan Mining Association

Bonjour, Mr. Chairman, members of the public and committee members.

I'm here today to speak on behalf of the Saskatchewan Mining Association.

First, thank you very much for the opportunity to appear before the committee in consideration of part 3, “Responsible Resource Development”, in Bill C-38.

I understand the focus tonight will be on reducing duplication of jurisdictions and timelines.

I'd like to start by emphasizing that our comments tonight are based on a preliminary analysis of the legislation. Further, from our experience we know that the effect of the proposed changes will depend not only on the details of the regulations and policies that we have not yet seen, but also on the implementation of those changes across Canada. We welcome the opportunity to fully participate in the development of these regulations and to have an ongoing open dialogue to ensure that the comprehensive reform required to achieve the government's goal of “one project, one review” in a clearly defined time period is realized in the implementation stages.

EAs are planning tools for projects that, if approved, will have other provincial and federal oversight as they go into operation, as has already been mentioned. With respect to the new Canadian Environmental Assessment Act, we were before the House of Commons committee late last year as part of the review of the current act, advocating for common-sense reform.

In particular, we advanced a number of different concepts embodied by this legislation. These include rationalizing project triggers so that administrative or routine decisions do not require an EA; respecting the principle of “one project, one process”, with a view to better use of equivalency between federal and provincial EA processes, thereby eliminating multiple EAs; and establishing timelines for EAs. In these three respects, we are of the view that the new CEAA holds a promise of additional improvements and clarity and predictability, as well as the promise of reducing duplication of process while not weakening the overall protection of the environment afforded by the current paradigm.

More specifically, we see the designated projects approach as a means to ensure that EAs are required where appropriate. The role of equivalency has been enhanced and provides the potential for provinces' EA processes to lead and reduce the duplication of federal and provincial reviews.

To facilitate the use of the equivalency provisions, it is critical that the mechanics of the process be certain and clear. Certainly, Saskatchewan's environmental regulatory regime is robust and mature, and on an outcome basis could be fully substituted for the federal EA process, particularly in sectors where the provincial government has recognized expertise.

Lastly—establish cycle times for EAs to improve the predictability and timeliness of the review—the SMA is optimistic that the proposed amendments could increase the efficiency and the effectiveness of Canada's regulatory system. We are very eager to work with the federal government to realize the potential benefits as they move forward in implementing the many amendments across all industries. Again, as already mentioned, the test will be in the details of the regulations that we haven't seen yet and how the legislation is interpreted and applied in practice.

For example, the development of a designated projects list is key to how efficient and predictable the new CEAA will be. We had previously submitted that only those activities or undertakings that would trigger a federal permit and that are not bounded by a current licence should be subject to an EA. We want to ensure that the scope of the new CEAA process does not expand so as to have unintended consequences, such that new projects or modifications to existing projects that previously would not have been subject to a federal EA end up being included in the designated project list.

I would like to speak to one comment we had provided that was included within our previous submission, but was not enacted upon within the positive reforms that we've seen to date—the extension of the positive reforms to projects primarily regulated by the CNSC.

For example, we were disappointed to learn that the federal-provincial equivalency and full substitution will not be made available to uranium mining projects under the new Canadian Environmental Assessment Act. Further, as currently drafted, the timelines specified in the act do not apply to the projects that have federal EAs led by the CNSC, although we were very pleased to read the comments provided by the CNSC yesterday to this committee about introducing new regulations with defined timelines for rendering a decision for a licence to prepare a site and construct a uranium mine.

Last year, the Australian government reviewed and approved the coordinated federal- and state-level EA for what will be the world's largest uranium-producing mine, the expanded Olympic Dam deposit, in less than one year.

When you compare that to the more than seven years required in the latest EA to bring a new uranium mine into production in Saskatchewan, it's obvious that it is far more attractive for companies to invest in uranium projects outside of Canada that have similar environment and safety standards, but where there is a more timely return on investments. In the interest of fairness, we hope that our uranium mining members will see the same benefits that have been afforded to other mining sectors.

At this point, we are not advanced in our comments with changes to the Fisheries Act. The incorporation of means for better federal and provincial cooperation is valuable, as is the incorporation of a larger tool box for dealing with the act's absolute prohibitions, such as the possibility of regulations for proposed section 35. However, at this time, we are not clear how certain provisions of the act will work together in practice. In particular, we are concerned with the differences in wording between proposed sections 35 and 36, and the challenges this will present. We support the definition of fishery as applying to commercial, subsistence for aboriginals, and recreational fisheries. However, this is not carried through into proposed section 36. We hope to work with officials to develop greater clarity through regulations and guidance. We are hopeful that habitat banking can be part of the approach to conserve Canada's fisheries, while allowing sustainable development to continue.

With respect to SARA, the proposed changes are positive, but certainly more work needs to be done to have effective and realistic legislation. We commend the government for moving forward in recognizing that changes to SARA are required.

To summarize, I want to thank the federal government for recognizing that the existing federal environmental assessment system needed comprehensive reform, and for bringing forward legislation to implement system-wide improvements to achieve the goal of “one project, one review”, in a clearly defined time period, while upholding the pillar of environmental protection.

In closing, we are advocates for a regulatory system that reduces overlap and duplication, establishes clear timelines, and concentrates on areas where potential environmental impacts are the greatest, while ensuring that the environment is protected. My colleagues and I would welcome any questions that you have.

Thank you.

May 30th, 2012 / 6:45 p.m.
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Thomas Siddon As an Individual

Thank you, Mr. Chair.

It is a great honour for me to appear before your committee this evening. I have studied Bill C-38, and I have several comments to make.

I want to start by giving you a quick overview. As a young boy living a little south of you, along the Red Deer River, I was able to go, as my grandfather did, to fish in the Red Deer River around Drumheller. Anyone who knows that river nowadays knows that since the building of dams and with the rapid melt rate of the glaciers above Sundre, we are seeing the water quality severely altered, and fish have long since died in that part of the Red Deer River.

I always wondered why sewage plants were built downstream of communities, right up until the late seventies, without adequate sewage treatment. I worked in a chemical plant as a young engineering student and was urged to turn my back one night as the operating superintendent arranged to open some valves and dumped the heel of holding tanks into the North Saskatchewan River.

This is why I have a strong feeling and concern for what Bill C-38 proposes and purports to do to the federal Fisheries Act, which goes back to 1868. It's the oldest piece of federal legislation. It has 144 years of life behind it, and it does not need modernization after all those years. Perhaps its implementation and application could be modified and improved, but the problem is not with the act, as I will attempt to elaborate.

As an engineer, I'm in favour of mining. I was once the mines critic for the Progressive Conservative Party. I have often talked about the virtues of hydro power and pumped storage, which will come into its day in the future. But at the same time, we have lost more than 85% of the natural habitat to support our fish stocks across Canada, in inland waters and coastal waters. We've seen our stocks decline over the past century to historically low values. The reason for that is that we always did things the way we did them in order to get on with business and not worry too much about the downstream consequences. I think this bill, as I will elaborate in a few moments, has many dangerous elements to it from that perspective.

Having sat on the Okanagan Basin Water Board and chaired the stewardship council for seven years, I have learned that for every watershed, there is one water. So when we hear farmers or cottagers or others talking about doing whatever they wish with their drainage ditches or on their beachfronts, I say no, that's not the case. The riparian shoreline belongs to every British Columbian and every Canadian and has to be protected and preserved.

In 1976, the habitat provisions were introduced in the Fisheries Act in what were called sections 31 and 33, but it wasn't until 1986 that we brought in a policy that led to the regulatory regime under which those habitat provisions were administered. I have here the policy, the document I took to the Parliament of Canada on October 7, 1986, after extensive consultation with all of the interest groups across Canada—in Ontario, in Ottawa, in British Columbia, and in Atlantic Canada—both the proponents of major projects and the conservationists, wildlife authorities, and others.

This policy embodies three major principles. If you think about the decline and demise of our fish stocks, the first principle should strike you as being important: to provide a net gain of Canada's habitat for fish.

The second is that there should be no net loss of habitat arising from specific fish-related projects, which might in fact have consequences otherwise of killing fish—which, by the way, these new provisions of Bill C-38 permit, in the case of certain species.

The third and most important principle was that people should get together in an integrated co-management fashion. That, I would remind you, in 1986—25 years ago—was most uncommon. Governments did what governments wanted to do, and of course, they were often subjected to the influence and the power of money and jobs.

In 1986 we adopted this policy, the first in the world, and it's still significant and it still stands today. But with the passage of this bill, its impact and its import will be significantly reduced and diminished.

Experience taught me some hard-won lessons as Minister of Fisheries for Canada between 1985 and 1990. I had to preside over the demise of the Atlantic groundfish fishery, because the Kirby royal commission recommended a corporate fishery, which had no provision to prevent the destruction of the fish-bearing seabed off the coast of Newfoundland, and the scientists were wrong in suggesting that there were more fish when in fact there were declining stocks. Small cod stocks were being thrown over the side and high-graded, without regard for the fact that they took seven years to come to maturity and to reproduce.

In Prince Edward Island, we had a serious issue with contaminated shellfish in which people died because we didn't administer the shellfish aquaculture industry effectively when it came to the brackish lagoons around the coastline of Prince Edward Island. We created something called dinoflagellate populations, which essentially killed people.

We had the pulp mills of Canada all across Canada pouring the products of the kraft bleaching process, dioxins and furans, into waters throughout our interior and around our coasts, with the result that carcinogenic levels of dioxins and furans were found in the bottom-feeding fish, which were part of the overall food chain. That wasn't found out until Greenpeace sent water samples to Sweden, because Canada didn't have the capacity to discover those realities.

I had to deal with the fact of the populations of beluga whales in the St. Lawrence, which were once 20,000 when they met at the mouth of the Saguenay downstream from the Alcan smelter, dwindled to a few hundred because the females, who needed to be about 14 years of age to reproduce, had their ovaries destroyed by chemicals in the St. Lawrence River.

The consequence of intense fish farming...? After 25 years, the jury is still out on that one.

And the decline of Pacific salmon and steelhead stocks is always at the forefront of the concerns of British Columbians. Mudslides caused by indiscriminate logging practices and sometimes mining operations have to be considered. In a moment I'll tell you why I think this bill is not going to provide adequate protection for that.

You can't always put fisheries science into a neat little box or a straitjacket of time limitation, as in part of this bill—proposed sections 52 to, I think, 131 or 129. With the new CEAA provision, you're going to fast-track everything, put it in a neat little time-limited box, but this has no regard for some of the complexities that as fisheries minister I had to deal with. I had to deal with hundreds of angry fishermen who had their fisheries closed. The Atlantic cod stock collapse led to an industry being virtually closed for now more than a quarter of a century, because we didn't have the foresight or the knowledge at that time to do it right.

When we were a Conservative government, we brought in the first and only green plan for Canada's environment. We brought in an environmental protection strategy—the Canadian Environmental Assessment Act, which is now being totally replaced; the Canadian Environmental Protection Act; and the Arctic environmental protection strategy.

Did you know that the breast milk of Inuit women in the Arctic is loaded with industrial chemicals from the south because we have not learned that it goes through the atmosphere into the Arctic food chain, into the fatty tissue of marine animals, and Inuit women drink it, and their health is impaired as a result of it?

This is why we have a Fisheries Act with teeth in it. I am very alarmed by the provisions of Bill C-38, which will erode all of the provisions of 144 years of history.

In questioning, I will tell you specifically—clause by clause, if you ask me—what I feel is defective in this bill. But I'm here to express my concern that Bill C-38 makes a Swiss cheese out of the federal Fisheries Act.

My concerns are shared by numerous other former ministers of fisheries, including the three others who, with me, signed a letter to the Prime Minister two days ago. It's shared by hundreds of fisheries scientists and biologists and thousands of conservation-minded Canadians.

I think government members and this committee should give careful and thorough consideration to that, and I'll deal with specifics later if we have an opportunity, Mr. Chairman.

Merci beaucoup.

May 30th, 2012 / 6:40 p.m.
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Eduard Wojczynski Chair, Board of Directors, Canadian Hydropower Association

The Canadian Hydropower Association welcomes the new Canadian Environmental Assessment Act. It will reduce federal-provincial overlap and duplication, which costs taxpayers, electricity ratepayers, and project proponents. Bill C-38 reforms will concentrate the federal process on areas of federal jurisdiction. They will put the emphasis on projects that are likely to have significant impacts. The process improvements should allow the system to comfortably accommodate the timelines proposed in CEAA 2012, and provide quality environmental assessments. Proponents will be able to dedicate resources to really solving priority environmental issues without being sidelined by process distractions that do not contribute to actual environmental outcomes.

I’d like to emphasize that predictability and timeliness in project review and authorization are critical to our industry. Currently, the approvals for major projects in Canada take about four years. Developers usually begin environmental studies many years before the official EA starts. This is too long for investments that are sensitive to market timing, especially in comparison to the shorter time to market for competing fossil fuel generation. Delays can have a significant impact on project economics. For example, even just a one-year delay in Manitoba Hydro’s proposed $8 billion Conawapa generating station would result in a half a billion dollars in lost revenue. This represents a loss to Manitobans and a loss of export revenue to Canadians.

But the impacts of a faulty regulatory system can be even broader. They can lead to suboptimal choices both for the environment and the economy. Let me give you an example, again from my own company. Manitoba Hydro recently signed power purchase agreements with Minnesota and Wisconsin for future electricity delivery, and we need to invest over $15 billion to expand hydro facilities to meet the contract requirements, while also meeting Manitoba’s growing domestic requirements.

We are a preferred supplier in the U.S. and elsewhere. Our electricity is clean, renewable, and reliable. We will act as a battery to support wind power in the mid-west of Canada and the U.S. Our hydro would displace thermal generation and reduce greenhouse gases and air pollution in North America. If the EA process runs more slowly than expected and we miss our contract deadlines, the contracts can be cancelled. Manitobans and Canadians would suffer significant economic losses.

Just as important, though, is that our customers would turn to U.S. coal or gas-fired generation to meet their needs. The advantages of reducing greenhouse gases and air pollution by using Canadian hydro power would be lost. The answer is not imposing new timelines on the old system. The current regime has problems of duplication, inefficiency, lack of focus, and lack of coordination. We believe that Bill C-38 addresses these fundamental challenges.

Bill C-38 also addresses other legislation important to us. The Canadian hydro power industry supports the protection of fish and fish habitat, but the Fisheries Act has been a source of frustration, especially regarding its undefined authorization processes and its tendency to overlap with provincial fish protection statutes and regulations.

DFO has imposed mitigation measures on hydro power developers that are sometimes disproportionate to the potential environmental improvements that are being sought. The proposed changes to the Fisheries Act offer better clarity and an ability to reduce duplication with provinces. The ultimate implications for hydro power will strongly depend, however, on regulations that are yet to be written. We believe that if sound regulations are adopted, both fish and the hydro power industry will benefit.

We are keen to be engaged in this important future work, in terms of the regulations. We are particularly encouraged that Bill C-38 addresses some major shortcomings in the third piece of legislation we're going to talk about, the Species at Risk Act. Currently, SARA has a five-year limit for an agreement, and a three-year limit for a permit concerning activities affecting listed species or their critical habitat. These limits are out of step with the needs of the hydro power industry, whose facilities operate for decades. In fact, behind this building, on the Ottawa River, lies the oldest hydro power facility in Canada, the Chaudière Falls generating facility, which is over 130 years old.

Clearly, three-year to five-year SARA authorizations are not workable for facilities that can take longer than five years to build and that can operate for more than a century. Any hydro power developer is going to be leery of proceeding with millions or billions of dollars in investments if the authorization expires before construction is even complete.

Bill C-38 allows for longer-term authorizations under SARA. This will be a big improvement, but more needs to be done to improve the act. For example, there is an opportunity for government to enable industry to focus its efforts on activities that more effectively conserve and enhance the population of species. The current act requires us to focus activities on a few individuals of that species instead. This improvement can be done by linking stewardship and conservation agreements with compliance in the act.

In summary, the Canadian Hydropower Association has pleaded for greater efficiency and predictability in the environmental regulatory process for years. Improvements to the regulatory system are clearly required. We see Bill C-38 positively addressing many of the regulatory problems. The proposed improvements will not adversely affect our industry's environmental performance; instead, they will encourage further investment in clean and renewable hydro power. This will help Canada reduce North American greenhouse gases and air pollution.

Thank you, Mr. Chair and committee members.

May 30th, 2012 / 6:35 p.m.
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Bruce Kirby Vice-President, Strategy and Business Development, Public Mobile

Thank you, Mr. Chairman and honourable members. I'll try to be relatively brief.

We're here to support the changes to the legislation that are in Bill C-38.

Capital is critical to building a new wireless company in Canada, as Mr. Wong just said. I can agree with most of what he said. The two key ingredients for creating a competitive environment in the wireless industry are exactly that: capital and spectrum. This is one critical component of improving the situation for capital, to support investment in these companies.

Progress has been made, and I won't get into the debate here on how much has been accomplished on the spectrum side, but certainly in the last auction, through the set-aside, the government created an environment that allowed new entrants. The fact that three of us are sitting here today is an example that that has been an accomplishment. The fact that Vidéotron is operating along with us in Quebec as new entrants is an accomplishment that came about because of that policy.

Capital continues to be important. There's a real challenge in Canada with getting access to risk capital. We have an immature market for capital. It's not just a matter for wireless innovation or wireless investment, but it's a matter of, generally, innovation, the knowledge economy, and IT and broader sectors in Canada. The institutional investors that are very strong in the U.S. and very strong in some other markets are weaker in Canada, for historical reasons. A number of steps are being taken to address that, but a big step that could help in this case, which isn't an issue with some of those other areas, is enabling capital and investment to come in from outside the country, from foreign companies and foreign investors.

That's valuable, because when foreigners invest in new entrants like ours, they invest in Canada. Every single employee of Public Mobile is in Ontario and Quebec. This has nothing to do with the ownership structure. It has to do with the fact that our customers are in Ontario and Quebec, and our networks are in Ontario and Quebec, because that's where our licences are. That will continue independent of who ultimately owns the investment and equity in the company. That's where they're going to stay because that's where our business is and where it happens.

To the extent we're able to attract additional further investment from investors outside the country, that investment is coming in to provide jobs and to build infrastructure in Ontario and Quebec, where we operate today. That is all to the benefit of Canada, independent of who ultimately owns the company. It is something that is not only bringing more competition to Canadians and more choice to Canadian consumers, but is bringing additional jobs and so on to Canada, all of which is a benefit to Canada.

I always find it fascinating when Bell says this is bad because all these scary things will happen. Bell opposed competition in long distance because it would be bad for Canadians. They opposed competition in local because it would be bad for Canadians. They opposed steps to improve Internet access by competition because it would be bad for Canadians. They opposed setting aside spectrum in the last auction because it would be bad for Canadians. They opposed using caps to improve access to spectrum in the auction coming up because it would bad for Canadians. They've opposed better access to foreign capital for small or new entrants because they say it would be bad for Canadians.

In every case they have failed, and ultimately, the outcome has been good for Canadians, in the sense that in all those sectors, there has been more competition, better pricing, more options for Canadians, and, ultimately, more employment with new entrants that have come into these markets.

For all those reasons I think the bill should be supported as it stands.

May 30th, 2012 / 6:35 p.m.
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Jacob Irving President, Canadian Hydropower Association

Thank you, Mr. Chair.

My name is Jacob Irving, and I am the President of the Canadian Hydropower Association. Joining me is Ed Wojczynski of Manitoba Hydro, the chair of our association's board of directors.

The CHA is the national voice for hydro power in Canada. We represent generators, manufacturers, engineering firms, consultants, and construction companies.

Sixty per cent of our electricity is hydro power. Canada is the third largest producer in the world. This makes our electricity system one of the cleanest and most renewable anywhere. As big as we are, we could still more than double our current hydro power capacity, and that potential is spread across every region of the country. It is truly a national resource.

Through hydro power, Canadians have an outstanding opportunity to fight air pollution and climate change while securing our sustainable energy future. Today we'll focus on how Bill C-38 can contribute to that future.

Hydro power facilities can be small or large. Many can be very large indeed. For example, the January edition of ReNew magazine reported that four of the five largest infrastructure projects in Canada are hydro power projects.

According to a recent study we conducted with the University of Montreal, hydro power developers are contemplating investing more than $125 billion in Canada over the next 20 years. This new capacity would help satisfy domestic and export demand. The study estimates it would also create over a million new person-years of employment across the country.

To make these investments with confidence, the hydro power industry needs regulatory efficiency and predictability. Unfortunately, the current federal environmental assessment and authorization regime cannot adequately provide this. I believe you'll find that our message to you today is consistent with what we have been saying about regulatory reform for many years.

Our projects undergo federal EAs and must secure authorizations under other federal statutes, while at the same time dealing with provincial EAs. The result is duplication, delay, and uncertainty. This can discourage investors from supporting renewable electricity in Canada.

An important commercial advantage for hydro power is its very low operating cost. However, its upfront capital costs are relatively large. Hydro power investors are especially sensitive to delays and uncertainty because they must commit substantial capital well before revenues can be generated.

Please though, do not misread me or the CHA members. Environmental stewardship is a priority for our industry. We support a strong and robust EA process, and we support the protection of fish and the recovery of species at risk. We are not asking for a weakening of environmental protection. Hydro power has grown up alongside environmental regulation and environmental regulation has grown up alongside hydro power. Our extensive experience and long-term perspective make us want a healthy and effective regulatory process. This is good for the environment, our industry, and Canada.

We strongly believe that we must continuously work toward social acceptability in our activities. Our members strive to earn this acceptance through hard work with aboriginal and other communities. We also reach out to a wider range of stakeholders, including environmental groups. We start consulting long before any formal EA process begins.

We believe all stakeholders would benefit from an efficient, timely, predictable, and consistent federal EA and authorization regime that also works smoothly with provincial EA processes and environmental regulations.

Bill C-38 is helpful in addressing many of these issues.

At this point I would like to call on CHA chair Ed Wojczynski to continue our presentation.

May 30th, 2012 / 6:35 p.m.
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Conservative

The Chair Conservative Blaine Calkins

Good evening, ladies and gentlemen.

We are starting a few minutes late already, in a very lengthy committee meeting, so I would like to call witnesses and members of the committee to order right now.

This is meeting number 4 of the Subcommittee on Bill C-38 of the Standing Committee on Finance.

Mr. Anderson has a point of order, but just let me finish introducing the meeting.

This is our fourth meeting, and our witnesses today are Mr. Jake Irving, from the Canadian Hydropower Association; the Honourable Tom Siddon, former Minister of Fisheries and Oceans; and Pam Schwann from the Saskatchewan Mining Association. From Nature Québec, we have Mr. Christian Simard, and we don't know where he is right now. We also have, from the Department of Aboriginal Affairs and Northern Development, Mr. Jean-François Tremblay, senior assistant deputy minister.

Mr. Anderson.

May 30th, 2012 / 6:25 p.m.
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Executive Vice-President, Chief Legal and Regulatory Officer, BCE Inc. and Bell Canada

Mirko Bibic

Okay.

It would be a mistake to assume that Canada's national wireless carriers are impervious to such advantages being given to foreign companies. These advantages can and should be avoided, given the thriving competitive market we have in Canada today. There are two ways to achieve this. First, Bill C-38 could be amended to increase levels of permissible foreign direct ownership for all Canadian telecom and broadcasting companies to 49% from the current 20%. Second, at a minimum, the government must adjust its spectrum auction rules to reduce the risk of unintended consequences. This can be achieved by ensuring that all bidders for spectrum are subject to the same spectrum caps when large foreign companies enter the auction, instead of being subject to rules that give those massive foreign companies a 2:1 spectrum cap advantage.

All Canadians benefit from a strong and innovative Canadian-owned communications industry. To give large foreign companies special advantages over our own puts this at risk and that is neither sound public policy nor in the public interest.

Thank you.

May 30th, 2012 / 6:25 p.m.
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Mirko Bibic Executive Vice-President, Chief Legal and Regulatory Officer, BCE Inc. and Bell Canada

Good evening, Mr. Chairman and members of the committee.

Thank you for this opportunity to present Bell Canada's views on Bill C-38.

The government has said these changes, along with the proposed rules for the next spectrum auction, have three objectives. First, sustained competition in wireless telecommunications services. Second, robust investment and innovation in this sector. And third, availability of advanced services for all Canadians, including those in rural areas, in a timely manner.

Canada's wireless industry is admired around the world. We have three major national carriers with the scale to offer advanced wireless services, including the latest HSPA-plus and LTE technologies, to 97% of Canadians from coast to coast to coast. Counting the new entrants, many of whom are here today, major Canadian cities such as Toronto, Montreal, and Edmonton have no fewer than five wireless providers and up to 11 different brands to choose from. Even the U.S. can't claim such a level of competition, and the same is true of most other countries. In fact, Bell's service plans for the Apple iPhone and the Apple iPad are cheaper than AT&T's.

Another major reason Canada is a world leader is the almost $20 billion in wireless capital expenditures Bell, Rogers, and Telus have invested since 2003, generating more than $40 billion in total economic value annually and employment for almost 300,000 Canadians.

As to coverage, consider this: P.E.I. received 4G high-speed wireless services in 2009, before Chicago. It's no wonder many countries view Canada's wireless industry with envy.

Many countries also have a similar opinion of Canada's banking system, and we now take great pride in that, but there was a time not so long ago when many thought we had serious problems with our banks. Recent history has proven those views incorrect.

The same is true of our wireless industry, so Bill C-38 is a solution in search of a problem. Coupled with aspects of the proposed spectrum auction rules, it opens a Pandora's box of unintended consequences, including negative impacts on Canadian consumers, especially in rural areas.

Under Bill C-38, all foreign ownership restrictions would be lifted on telecom carriers with less than a 10% share of national telecom revenues. This will create a two-tier capital structure in Canada's telecom market, with one set of rules applying only to Bell, Rogers, and Telus, and another applying to all our competitors, including recent domestic entrants or foreign companies seeking to enter. These changes, together with the proposed auction rules, clear the way for any foreign giant to acquire two blocks of prime 700 MHz spectrum, while Canada's national carriers, those that invest billions in all areas of the country, urban and rural, are limited to just one block.

What does Canada get in return? Can you imagine the U.S. government ever allowing Bell Canada to have a more privileged access to the U.S. spectrum than companies like AT&T and Verizon? Can you imagine the U.S. ever implementing a two-tier capital structure that gives special advantages to foreign companies over domestic carriers? I don't think we can—yet that's exactly what Bill C-38 and the auction rules will do here in Canada.

Foreign companies that enter will be able to skim the cream from Canada's largest, most lucrative markets. Will executives in Texas or Germany invest first in Edmonton, Canada's fifth-largest market, or Phoenix, the fifth-largest in the U.S., with twice the population; Hamilton, Canada's eighth-largest market, or San Diego, the eighth-largest market in the U.S., with more than twice the population; or Rimouski, Canada's 72nd largest market, rather than Buffalo, the 70th largest in the U.S., with almost eight times the population?

Worse still, these entrants will have no obligation to serve rural areas.

Opposition Motion—CooperativesBusiness of SupplyGovernment Orders

May 30th, 2012 / 4:40 p.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, the cutbacks are not only affecting co-operatives.

For example, ACOA, which is responsible for economic development in the Atlantic regions, had its budget cut by $18 million. There may have been investments in co-operatives, but now that $18 million has been cut from the ACOA budget—and with the cutbacks to economic development in every region of the Atlantic—how can the member say that his government is going to do the right thing in the future? Bill C-38 proposes an $18 million cutback to regional economic development.

May 29th, 2012 / 10:30 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Thank you.

On May 8, 2012, that is to say in the most recent report, you stated that there were several contaminated sites and that this was due to the lack of environmental assessments.

In your opinion, what impact will the reduction in the number of environmental assessments in Bill C-38 have on the issue of contaminated sites?

May 29th, 2012 / 10:30 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Do you think that Bill C-38 is going to solve that coordination issue?

May 29th, 2012 / 10:25 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Indeed.

Bill C-38 also indicates that environmental assessments will be reduced because of jurisdictional overlaps that make the process too long. Do you think that is the case?

May 29th, 2012 / 10:25 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Thank you, Mr. Chair.

I thank the witnesses for being here.

My first questions are addressed to the Commissioner of the Environment and Sustainable Development, Mr. Vaughan.

You stated that your 2009 report pointed to several environmental assessment gaps, especially with regard to screenings. You said on this that in 75% of cases, there was little evidence that recommended mitigation measures for projects were actually completed.

Do you think that Bill C-38, which reduces the number of environmental assessments, will be bridging the gaps pointed out in 2009?

May 29th, 2012 / 10:15 p.m.
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Conservative

Stella Ambler Conservative Mississauga South, ON

Thank you. I appreciate that.

Mr. Bonnett, your organization has stated that:

Canadian farmers have...faced regulatory uncertainty regarding the management of drainage ditches and irrigation canals on their land, so the proposed changes are a positive development for the agricultural community. Farmers rely on the proper maintenance of drainage ditches to ensure their farms remain productive and viable but the Fisheries Act did not recognize this.

This is from a news release approximately a month ago.

How would the changes in part 3 of Bill C-38 affect your stakeholders' ability to create and improve habitat? What types of difficulties, setbacks, or holdups have your members encountered when dealing with the Fisheries Act?

May 29th, 2012 / 10:15 p.m.
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Conservative

Stella Ambler Conservative Mississauga South, ON

Thank you, Mr. Chair, and thank you to all of our witnesses who are here this evening.

Chief Jules, I wanted to talk to you about one of the four key pillars of the responsible resource development plan in Bill C-38, which is to strengthen consultation with aboriginal Canadians. We want to better integrate the consultation process with aboriginals by designating a lead department or agency to be the point agency, or the federal coordinator, for all projects. How will it help aboriginal communities to have one point of contact during the consultation process rather than having to repeat the same message to many different departments?

Restoring Rail Service ActGovernment Orders

May 29th, 2012 / 10:10 p.m.
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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, Statistics Canada figures confirm that in April of this year employment increased by 58,000, mostly in full-time work. This was the second consecutive month of notable gains on the jobs front for Canadians. Moreover, confidence among Canada's business leaders, a leading indicator for future economic growth in job creation, edged up in the first quarter of 2012. According to The Conference Board of Canada, business leaders showed increasing optimism over the future performance of their firms and the Canadian economy.

We can add to these glowing statistics the support for our economy contained in the Jobs, Growth and Long-term Prosperity Act recently introduced by the Minister of Finance. As a result of our government's efforts, Canada has an economy that is the envy of many other countries in the western world. At a time of global financial uncertainty, at a time when sluggish world demand is impeding job growth, why would we allow anything within the boundaries of our own country to jeopardize our economic prospects? Why would we deliberately undo the good work that has protected our economy so far?

Canadian Pacific Railway is one of the iconic components of Canada's vast transportation system. Founded in 1881, the railway itself is a phenomenal engineering feat. It is one of the reasons we exist as a nation, uniting Canada from coast to coast.

In the 21st century CP Rail remains a crucial player in Canada's economy. Each year CP Rail moves freight in Canada valued at approximately $50 billion. According to Transport Canada, CP Rail annually carries about $11.1 billion worth of grain, $5 billion of potash and $5.25 billion of coal.

I would like to tell the House how the CP Rail work stoppage is harming Canadian businesses. In October 2009 the University of Toronto's Rotman School of Management report estimated that four key Canadian bulk shipping industries, oilseed and grain farming, coal mining, wood products manufacturing, and pulp and paper and paper products manufacturing contribute more than $81 billion to the Canadian GDP each year and account for close to 1 million jobs.

I find it staggering to contemplate the losses these four sectors of our economy will suffer as a result of the disruption in CP Rail shipping services. These services are very essential for these key sectors of our economy.

It is no mere metaphor to describe CP Rail's 22,000 kilometre network as a lifeline of our nation's economy. Moreover, its capacity for facilitating trade within Canada and other nations is enormous. This is a rail network that operates in six provinces and 13 states. It extends to the U.S. industrial centres of Chicago, Newark, Philadelphia, Washington, New York and Buffalo. Agreements with other carriers extend CP's market reach east of Montreal within Canada, and throughout the United States and into Mexico. By moving freight to and from Canada's west coast ports, CP Rail is also a vital link to the markets in Asia through the Asia Pacific gateway.

This work stoppage is preventing our ability to keep products moving in and out of Canada and undermines Canada's reputation as a reliable place to do business. This is a setback from which it could take years to recover lost business and lost investments. Is the House prepared to stand by and allow a vast number of Canadian businesses to continue to be harmed as a result of the CP Rail work stoppage? As with any company, every lost day of business could weaken a firm that is already coping with reduced revenues.

A rail work stoppage has created an unsettling business climate. Businesses do not like uncertainty. When businesses do not feel confident about the future, they may postpone opportunities to expand, or change their shipping suppliers altogether. They may even lay off some of their employees. At a time when we want to build jobs and nurture our economic recovery, can we actually sustain this risk? Do we want this stoppage at CP Rail to jeopardize our work and achievement to date and put our recovering economy in peril?

The answer must be a resounding no. The time for action must be now. The legislation will end the work stoppage at CP Rail and provide the parties with an interest-based arbitration process to help them resolve their outstanding issues. The failure to reach a collective agreement has not been for lack of trying. The Government of Canada has done its utmost throughout the negotiation process to encourage the parties to reach an agreement. However, despite assistance from the Federal Mediation and Conciliation Service, the parties have been unable to resolve their differences.

I would like to take this opportunity to commend the Minister of Labour and the mediators and conciliatory officers from the labour program for their efforts to assist the parties under the Canada Labour Code.

Canadians can take pride in the fact that 94% of labour negotiations in this country are settled without a work stoppage ever taking place when the labour program's professional mediators and conciliatory officers get involved. This would definitely be the preferred option for resolving the disputes under consideration today. Sadly, this preferred option is not one that was chosen for this dispute between CP Rail and its running trades employees and rail traffic controllers.

I will emphasize again that intervening in these disputes is not the option we would choose if circumstances were otherwise. The Minister of Labour always encourages parties to work together to find mutual solutions to their differences. Most regrettably, it would seem that the will to come together for such a resolution does not exist with the parties in this case.

Our government fully recognizes that free collective bargaining is the basis for sound industrial relations. This is also clearly stated in the preamble of the Canada Labour Code. That code gives the parties the right to strike and lock out. Intervention is only in situations when the public interest is negatively affected. This is true, for example, when the national economy is affected by a work stoppage, as it is in this case.

Let us keep the statistics that are crucial in mind. CP Rail handles 74% of potash containers, 57% of wheat containers, 53% of coal and 39% of other containers in this country.

I would like the House to reflect on just a few questions. First, can we afford to let Canadian businesses and our economy continue to suffer? Second, can we let down the people of Canada who are counting on us to act? Third, can we deliberately undermine our enviable position of being one of the few nations in the western world to weather the global economic downturn?

To my mind, the answers to these questions are self-evident and that is why we must act now. I urge the members of this House to join me in doing the right thing. Let us give our full support to Bill C-39 to protect our economy.

May 29th, 2012 / 9:55 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Have you, or has your office, done a review of the budget bill, of Bill C-38?

May 29th, 2012 / 9:20 p.m.
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Ron Bonnett President, Canadian Federation of Agriculture

Thank you, and thank you for the opportunity to present to the committee. I think I've met a number of you.

Just so you're aware, the Canadian Federation of Agriculture represents farmers right across the country, representing all provinces and a number of commodity groups.

We were supportive of some of the changes that had been proposed with respect to Bill C-38 in part 3. I'm going to try to keep my comments focused on why some of these have such an impact on agriculture.

There are several acts that are changed or amended: the Canadian Environmental Assessment Act, the National Energy Board Act, the Canadian Environmental Protection Act, the Fisheries Act, and the Species at Risk Act. I will likely be concentrating most of my comments around the Fisheries Act, although the Canadian Environmental Assessment Act will also have implications for agriculture.

With respect to proposed changes in the Species at Risk Act, we don't see a major impact on agriculture from the proposed Species at Risk Act contained here. However, we understand that changes are being contemplated to the Species at Risk Act later this year and that there will be some changes that we will be commenting on at that time.

We fall under the act because agricultural activities are identified in the context of physical works. It's mainly in the case of drainage ditches and irrigation canals that we fall under it. For a long time there has been a lot of frustration in the agricultural community about the complicated, costly, and convoluted process that is in place to get approvals. We have multiple levels of authority: we have municipal governments, provincial governments, different departments, and the Department of Fisheries and Oceans, all with a role to play in not only constructing drainage ditches, but also in doing ongoing maintenance, which is necessary.

I think it's key to understand that the whole issue of drainage is so important to agriculture that it was among the first kinds of legislation put in place by provinces when they started putting agriculture into the country, recognizing that they had to get rid of excess water. Maybe, to give a better understanding, I should describe the drainage ditch life cycle. These drains in many cases are put together with a very structured process, including some environmental assessments for the initial construction.

They try to describe how the drains are going to be constructed—the standards for construction, mitigation of environmental impacts—but along with that they also have to make provision for maintenance. When most drains are constructed, they have about a 15-year life cycle before they start to fill in again and have to be maintained.

You have to get your mind around the fact that before the dirt ditches were dug there was no fish habitat there. It was basically wet, soggy land with no fish habitat in place. As soon as the drainage ditches were done, naturally the fish swam up those streams. But in order to keep the drainage working and in order to make sure that ongoing fish habitat is maintained, you also have to have maintenance take place from time to time. At any one time, as I said, one in maybe fifteen drains is subject to maintenance.

But the existing description of destruction of habitat under the Fisheries Act basically leaves an opening, at the discretion of offices at the local level, to stall projects that can have a real impact upon farm operations in making sure those drains are properly maintained.

The Fisheries Act provides for protection of the fish and fish habitat. Under section 35, the act talks about “undertaking that results in the harmful alteration, disruption or destruction of fish habitat”. Then in subsection 35(2) it allows the minister or Department of Fisheries and Oceans officials to allow for permitting of clean-outs. This is where the problem is, because the description of “harmful alteration” or “disruption” gets married with this need for permits, and that puts a whole complex situation in place whereby there are extra costs built into the system with no added value.

I think the changes they're proposing actually do give some indication of the types of things that need to be protected. They talk about the new factors, the contribution of relevant fish to ongoing productivity of commercial, recreational, or aboriginal fisheries. It talks about fisheries management objectives. It talks about whether there are measures and standards to avoid or mitigate and offset serious harm to fish. Then it talks about the public interest.

I think that will give more clarity to the minister in making decisions. I think the next step, though, is looking at the regulations that are developed. I think in some of the discussions we've had with others, the development of the regulations is something that's going to have to be looked at to make sure the intent of the changes to the act actually meet the objectives.

The changes to section 35 prohibitions are going to come in two steps. I think the first step is when the act is implemented. They look very similar to the description in place now, but one of the things that has changed is that it's not going to only prohibit works and undertakings, but it will also prohibit activities. That is the first step, when the act is put in place. The second step will occur at some point in the future, through an order of cabinet, when the existing prohibition against harmful alteration, disruption, or destruction would be changed to read “serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery”; “serious harm to fish” is a new concept defined as “death of fish or any permanent alteration to, or destruction of, fish habitat”. I think the key issue here is that they're removing the strict interpretation of “harmful alteration or disruption”.

If I go back to the drain maintenance issue, we know that in order to maintain one drain, you're likely going to disrupt that fish habitat during that maintenance period. However, you're actually creating habitat for the future years. But the way the act is worded right now, it leaves a situation where you have to go through a whole complicated process to get the approvals in place.

On final comment. I think Bill C-38 puts in place a process to bring improvements about how the Fisheries Act is implemented on minor works so that you don't get hung up with frustration, costs, and overlap of jurisdiction. I think there's clearly scope to improve the efficiency and effectiveness of the Fisheries Act. It has been something that has been going on for years. There is still uncertainty in how the changes will be implemented and the final impact of the regulations.

I think that's something there will have to be engagement on as the regulations are developed. I think, ideally, on drainage ditches, we should be looking at management through a stewardship approach, with clear guidelines on the best practices for maintenance in instances where they do support a fish population. Then not all drainage ditches should be treated equally, but the maintenance needs to be the main priority.

Thank you. That summarizes my comments.

May 29th, 2012 / 9:10 p.m.
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William Amos

Oh, eight. That's fabulous. Thank you, Mr. Calkins.

It's difficult to know where to start with this bill. I'm going to do my best to provide what Ecojustice believes is a broad-brush stroke critique of Bill C-38 and of the contents of part 3.

Effectively, what we're looking at are weakened federal protections for fish and fish habitat, an entirely new and entirely less comprehensive federal environmental assessment regime, and greater discretionary powers vested in ministers and in cabinet. We believe there will be less accountability and fewer opportunities for the Canadian public to participate in processes that ultimately lead to sustainable development.

It's our opinion that this is the most significant and devolutionary set of environmental law reforms that have ever been presented to Parliament. There is no law that we can recall that has ever, in such a broad and structural manner, changed the federal environmental governance regime. Thus, our main message here is that Canadians are not ready for this. Parliament is not ready for this. There has been inadequate process to consider the transformative changes that are being proposed.

We would urge this committee to recommend to the finance committee that part 3 of Bill C-38 be excised and be separated and retabled, if the government deems appropriate, in a stand-alone bill.

Now, I understand it is less than likely that this government is going to move in that direction. However, both for the sake of environmental protection and also with a view to social licence going forward for Canadian industries...it's not good for Canadian businesses when environmental laws federally are eviscerated without sufficient buy-in from a number of communities. That isn't to say that the environmental community couldn't appreciate the need for amendments to the environmental assessment process and that, if necessary, we couldn't proceed with changes to the Fisheries Act. Indeed, there are changes that are needed, but the scope and the depth of the changes that are being proposed are simply unacceptable.

To go specifically to the Fisheries Act, this is at the core of Canadian environmental protection. Habitat protection through the Fisheries Act is really where environmental protection started federally, back in the mid-19th century, when the river immediately to our north was being polluted by the sawmills, the industry of the day, with all of its sawdust causing impressive losses of fish, destruction of fish habitat, and actual property damage as well. This history is well documented.

One of the key raisons d'être for the enactment of the Fisheries Act one year after the enactment of the British North America Act was to protect the environment. As a matter of historical process, the protections to the environment have only increased over the years. In particular, in 1977 the Honourable Roméo LeBlanc proposed changes that were adopted to ensure habitat protection and to ensure that deleterious substances wouldn't impact fisheries as well. So this was a progress towards greater protection.

What we're seeing with the amendments proposed in Bill C-38 is a reversal of direction, and we don't think that is in the Canadian public interest. I'd like to quote Roméo LeBlanc, then the Minister of Fisheries and the Environment, who said:

Protecting fish means protecting their habitats. Protecting the aquatic habitat involves controlling the use of wetlands. The banks of streams, the foreshores of estuaries, provide nutrients to the larger eco-system of lakes and oceans in amounts far out of proportion to their size.

The main effect of the changes would be this: for landfill, dredging, excavation, or other such projects in these sensitive areas, we would be able to examine the plans first, and to require modification or, if necessary, prohibition. Instead of accusing someone, after the fact, of destroying fish habitats, we would be part of the planning to save them.

The point of this comment is that three years after I was born, the then Minister of Fisheries made amendments to allow for habitat protection of fish, with a view to establishing a planning and environmental protection regime that would ensure we weren't trying to solve environmental problems after the fact. We are reminded of this when it seems that every month there is some other disaster that happens in this world, whether it's the Exxon Valdez spill, the BP disaster, or nuclear incidents in Japan. We're reminded constantly that better decision-making up front saves us money and ultimately is better for the economy.

What I see and what Ecojustice sees with this legislation is a return to an era when this kind of planning in advance is going to be lost, in large measure, whether it be for protection of fish habitat or environmental assessment processes that are no longer going to be done, and we're very concerned about that.

Ecojustice is extremely concerned by the provisions in Bill C-38 that would provide for ministerial regulations exempting certain water bodies and certain classes of works from the application of the fish habitat protection provisions. This has been done before. We've seen it done back in 2009 in the context of the Navigable Waters Protection Act with amendments that were also smuggled into the budget bill.

Also, we know from the ministerial order issued pursuant to the NWPA that certain types of works, such as pipeline crossings, and certain types of waters—the famous drainage ditches, but there are others as well—have been exempted from the authorization process required under the NWPA. In relation to the Fisheries Act, we're expecting that there will be regulations passed exempting these kinds of waters and these projects—like pipeline crossings—from fish habitat protection.

That's clearly not going to ensure that habitats are protected, and we have serious concerns in that regard.

I'll conclude by suggesting—and maybe for the purpose of this comment I will wear my University of Ottawa hat, as a professor there—that this government really does not have any mandate to make the fundamental amendments it's proposing in Bill C-38. The Conservative Party 2011 platform, prior to their majority election, mentioned nothing in the way of environmental law reform. We don't believe there is a mandate to make any amendments, let alone far-reaching amendments. We don't know right now whether risky activities such as offshore drilling in the Arctic or offshore drilling in the Gulf of St. Lawrence—

May 29th, 2012 / 7:40 p.m.
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National Chief, Assembly of First Nations

National Chief Shawn A-in-chut Atleo

As I'm alluding to here, there is not confidence, given the process leading up to the development of Bill C-38. The process for its very development has not been satisfactory, which has been stated more than once here already, such that the AFN must state that we're understandably very skeptical about any potential improvements.

The whole purpose of pursuing the crown and first nations gathering was to seek a return to a much more respectful relationship, whereby treaty rights and aboriginal title rights are respected and affirmed and where we jointly design processes going forward. That means agreeing on how to give effect to constitutionally protected rights for fish, the relationship to fish habitat and to water, and therefore to water quality. The previous processes were not acceptable, so there's a great concern with what is being suggested here.

However, a way forward as well, a solution, is that if we were to agree to take these elements, as we had suggested, remove them, and begin to work in earnest on them, first nations, as I said in my opening remarks at the January 24 crown gathering, are ready to do that work. The work rightfully belongs with first nations themselves, so that's what I would strongly recommend. Given that the AFN, even with the conversations we've had, the technical briefings...those do not constitute consultation. The deep work must be done with first nations. That's the hard work. The harder work is trying to suggest an easy way forward that is going to skip by this effort, and I fear that it's not a recipe for efficiency but rather one that suggests conflict.

May 29th, 2012 / 7:35 p.m.
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National Chief, Assembly of First Nations

National Chief Shawn A-in-chut Atleo

I think that really is a two-part issue. First of all, we're not sure that the federal government can give up its responsibility to deal directly with first nations—its duty to consult and accommodate. It was the reason for the recent crown-first nations gathering. The relationship is with the crown, and in the steps that were set up in the outcome statement that the Prime Minister issued, it offers the notion that we have to work together to address a way forward, which is what this bill oversteps. This effort oversteps the sentiments that we arrived at this last January.

It relates directly that there is not support from the AFN for the government's current definition of aboriginal fisheries. The Supreme Court of Canada has routinely recognized first nations' right to food, social, and ceremonial...and in the case like mine, the Nuu-chah-nulth commercial fisheries. Many of these cases recognize first nations fishing rights. Bill C-38 does not capture the full scope of first nations fisheries, and it can be interpreted in fact in a way as to limit, prejudice, derogate, or abrogate from first nations fishing rights.

In both content and process there are substantial challenges that first nations face with this bill. Therein lies the suggestion that we do as we've done with other major pieces of legislation. We do have a track record with this government and other governments of jointly designing a way forward, and we would encourage the committee to look deeply at this.

May 29th, 2012 / 7:20 p.m.
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Conservative

Randy Kamp Conservative Pitt Meadows—Maple Ridge—Mission, BC

Thank you, Mr. Chair. Thank you, gentlemen, for taking time out of your busy schedules to appear before us on these important issues. I appreciate your being here.

Let me begin with a fellow British Columbian, Chief Atleo. We care about some of the same issues with respect to fisheries. Unless I heard you incorrectly, I thought you were characterizing the changes in Bill C-38 as removing protection of fish habitat. To be frank, I'm not sure how you came to that conclusion. I would have thought you would welcome a more focused approach to protection of recreational, commercial, and aboriginal fisheries. That protection is in a prohibition in the new section 35, which is defined as serious harm to fish, the death of fish, or any permanent alteration to, or destruction of, fish habitat.

I'm just curious, and let's take the Nuu-chah-nulth, for example, and their aboriginal fisheries. Wouldn't this include all those fisheries and all of the habitat that supports those fisheries, and place an obligation on the Minister of Fisheries and Oceans to protect that habitat in order to protect those fisheries as a clear reading of this proposed section in the bill?

May 29th, 2012 / 7 p.m.
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Dr. David Schindler Professor of Ecology, Department of Biological Sciences, University of Alberta, As an Individual

Mr. Chairman and members of the committee, I have given Mr. Lafleur several copies of my presentation. It has some figures, and as a result I will not read it. I've always had a thing about somebody giving me something to read and then reading it to me, which is usually one-tenth as fast. So instead, I'll just hit some high points.

Figure 1 is my first point. It shows the rate of increase in the oil sands area, a doubling every 10 years. I can tell you first-hand that a lot of the environmental problems that are developing are because of that rate of development. That rate of development is only matched by China, and it's only been matched in the past during times of war. I wonder what's the hurry. I think we need to take the time to change Bill C-38 to get it right, at least the environmental part of it.

I'll show you several examples of provisions of the bill that don't make environmental or economic sense. The first is the proposed change to species of economic, aboriginal, or recreational value. I'll give you an example from the Experimental Lakes Area, which I directed when I was a scientist with DFO for 22 years. Those were the days when acid rain was considered a problem, or it was debated as to whether it was a problem.

Most of the data, when we began our experiments there, were from short-term lab toxicity studies, mostly done on the fish of interest for economic or cultural reasons. It was decided that acid rain wasn't a problem until these systems reached pH 5.

We began acidifying a small lake to see what happened along the way. We found that some of the key species of food for lake trout were ten times more sensitive. They disappeared when the lake hit pH 6. They were species that would not have been protected by this proposed wording change. Fathead minnows and opossum shrimp, a large crustacean that have co-evolved with the lake trout, are its main items of diet in many lakes. So it's an example of how these key species would not have been protected.

We nearly lost the lake trout in that lake, not because of the toxicity to them but because these other two species that were non-target species disappeared. The lake trout began to starve and they stopped reproducing and the population went into decline.

That's the kind of loophole that we can expect from the proposed change in wording. Some of the figures are of those very organisms. In that same pH range between the normal pH of 6.5 and 5, where it was believed that damage began with our whole ecosystem experiments, we lost 50% of the normal species in the lake. Most of them would not be targeted by the proposed changes.

What it meant was that we lost several key processes in that lake: key biogeochemical processes like nitrification, so we had an ammonium buildup; changes in algae, so that instead of clear water with algae that would be grazed by plankton and zooplankton and then eaten by fish, we had big balls of rolling algae on the bottom of the lake.

So expect big declines in biodiversity without this protection for fish habitat. The work done at ELA was never done solely because of the fish. It was all regarded as work on fish habitat.

I think it's a weakness of our current DFO that we have Environment over here studying the environment and Fisheries over here managing fisheries in isolation from the very ecosystems that support it. We're almost unique in the western world for that approach. It is outdated by 70 years. We have to realize that fish are a part of an ecosystem and need to be regulated as part of it. We shouldn't have these disparate things.

If you look at the various mandates of Fisheries, they all have cod or salmon in the top 20 priorities. There is nothing on inland fisheries at all. Yet a lot of our people—mostly aboriginal people and a lot of our recreational fisheries—depend on freshwater fisheries. I can tell you that provinces don't do any research on them, and I have lived in three provinces. It has been up to the federal government, and that mandate should continue.

In the press, soothsayers for DFO have told us about all of the nasty things that happen—how concerts have to be cancelled, and irrigation water back-flow can't be discharged because there are a few fish in it. To me that seems analogous to saying we should be throwing out murder as a charge because there were boo-boos in the Robert Pickton case, or we should get rid of police because of a botched policing action around G20. They're exceptions to the rule.

I can tell you that with 22 years as a DFO scientist, and a daughter with 10 more as a habitat officer, there are some very practical things with respect to habitat that are done. One common example that's very inexpensive to do right, but very expensive to fix afterwards, is called hanging culverts. Typically, someone with no knowledge of fisheries will put a culvert across and water flows through it. There's no regard to whether the flow might be too fast for fish to come upstream and use what is often key spawning habitat. I have seen cases in Alberta where one culvert cut off red-listed bull trout from 60% of their spawning habitat in a stream. The rate of flow through the culvert can be too high. There are simple design features to make them level enough so fish can go through them, or broad enough so the flow can be tolerated by fish—or with some resting baffles. They are very simple things to do.

My daughter was a habitat officer for DFO in the Bella Coola region. She reports that she has never had a hostile incident. The contractors there were always happy to have the design input, and proud of the fact they could put in road crossings and maintain the salmon and other species that were using those streams.

Another example given in the press was lakeshore development. I chaired a committee for the Minister of Environment in Alberta on lakeshore development in Lake Wabamun. All of the cottagers pointed at the big power plant, but we found that the main damage was due to people putting in docks and beaches where there should have been fish habitat. I give you some examples of how cottage development destroys fish habitat, based on studies done by my son in the U.S.

Much of what I have said also applies to terrestrial species. I give you two Alberta examples: sage grouse and woodland caribou. We have known for 20 years that caribou were on the skids. Now we have Environment Canada reporting that it's questionable whether we can recover them at all. The sage grouse probably is not recoverable; it's near zero. Both of them are near zero because their habitat was not protected. We don't need any further weakening of habitat revisions.

To finish, I support the idea of streamlining the review process, but not necessarily to hurry development. The way to go about it isn't to weaken our environmental laws; it's to streamline this stupid process by which the science is collected by a few students who work for consulting firms, 10 pages are hidden on a long shelf, and a committee is expected to find them and make sense of them in a year or less.

It's time we had an organization that did professional environmental impact assessments, based them on good long-term monitoring—we usually know in advance when those systems are going to be targeted for development—gave us an unbiased view of what the changes to those systems would be, and then went back afterward to see if their changes were correct. That's something that is not done in our current environmental impact process. It's not a science, because that self-correcting action simply does not occur.

Thank you for your time.

May 29th, 2012 / 6:40 p.m.
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National Chief Shawn A-in-chut Atleo National Chief, Assembly of First Nations

Thank you Mr. Chair, members of the committee.

[Witness speaks in Nuu-chah-nulth]

Thank you for that pronunciation as well. My name is A-in-chut...[Witness speaks in Nuu-chah-nulth ]

Just a few words in my Nuu-chah-nulth west coast of Vancouver Island language to express my appreciation for being here in Algonquin territory.

Thank you for the opportunity to speak to you today about part 3 of Bill C-38.

As you are aware, I am currently national chief for the Assembly of First Nations. We are a national political advocacy organization for first nations in Canada.

In January of this year, first nations and representatives of the crown and the Government of Canada participated in a historic crown-first nations gathering. The intent of this gathering was to strengthen and reset the relationship between the crown and first nations, to move away from unilateral imposition of policies or laws that have had impacts on first nations peoples and territories to one that recaptures mutual respect and partnership.

Bill C-38 and the wide-sweeping and comprehensive changes to other pieces of legislation it contains continues historic unilateralism and imposition that we have worked, and continue to work, to overcome.

In November 2010, Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples, which reflects the recognized customary international legal standard of free, prior, and informed consent. Free, prior, and informed consent, Mr. Chair, is not mentioned anywhere in Bill C-38.

Domestic law recognizes and enforces the duty to consult and accommodate first nations when crown conduct or omission may adversely impact established or potential aboriginal and treaty rights. Part 3 of C-38 will have a direct impact on the federal government's ability to fulfill these standards.

The Assembly of First Nations, to be very clear, is not a first nations government. Consultation or engagement with the AFN does not replace or fulfill the crown's duty to consult and accommodate treaty and rights holders where their rights may be infringed. To date, first nations have not been engaged or consulted on any of the changes to the environmental and resource development regime proposed within Bill C-38. This opens the crown to future risk and will have numerous and likely unintended consequences.

The stated intention of these legislative and associated regulatory changes has been said to improve the timeliness and efficiency of environmental regulations and project assessments. In its current form, part 3 of C-38 clearly represents a derogation of established and asserted first nations rights. If enacted, it will increase the time, costs, and effort for all parties and governments, as first nations will take every opportunity to challenge these provisions.

There are a number specific concerns, Mr. Chair, with the changes proposed in part 3 of C-38, which I will outline.

As I know you're aware, C-38 changes the scope and purpose of the Fisheries Act to the protection of fish that supports commercial, recreational, or aboriginal fisheries. Previously the act had prohibited “harmful alteration, disruption or destruction of fish habitat”. The proposed change prohibits “serious harm to fish”, defined as “the death of fish or any permanent alteration to, or destruction of, fish habitat”.

I come from a fishing people, the Nuu-chah-nulth, as I said, on the west coast of Vancouver Island.

[Witness speaks in Nuu-chah-nulth]

In my language, core principles that we govern ourselves and live by are how our people manage aquatic resources within our respective territories. These words in my language describe an understanding about the interconnectedness of all life forms, that nothing is isolated from other aspects of life around it and within it—in essence, the ecosystem. These principles are the basis for respect for ourselves, others, and nature. In managing aquatic resources, these values bring respect for the oneness between humans and the environment and respect for all other life forms. Our obligation is to sustainably manage all aquatic life forms that exist, regardless of their perceived economic value.

The balance of resources in habitats is one that changes over time, and this is something well-known to first nations. However, only enabling the protection of aquatic species once there is certainty of their demise or permanent destruction of their habitats is likely too late and will not restore the necessary balance for their sustainability.

Specifically, C-38 would remove protection for fish habitat from the Fisheries Act and enable the minister to create regulations allowing for the deposit of deleterious substances. This may leave fish species and habitats vulnerable to destruction and prevent first nations from continued enjoyment of their constitutionally protected right to fish.

I feel strongly that first nations have a shared vision with all Canadians, particularly for clean water. Our watersheds provide us life, food, and health. Bill C-38 clouds that vision by creating new political discretion to poison our waters by changing section 36 of the Fisheries Act. Instead of allowing deleterious deposits to destroy our water, we must fulfill our inherent obligation as responsible stewards of the environment.

Changes to the Fisheries Act will also reduce federal decision-making about fisheries management, the effect of which will be to narrow the triggers to consult and accommodate first nations, thereby reducing the federal obligation. First nations will vigorously oppose any attempts by the crown to erode or evade lawful obligations and responsibilities to first nations, which leads to an important element regarding the honour of the crown being called into question.

The CEAA last underwent a legislative review prior to Supreme Court decisions that established the duty to consult and accommodate. The sequence here is very important to point out. It has never been updated to operationalize the duty to consult and accommodate. In this regard, Mr. Chair, CEAA 2012 is a step backward.

Under the current CEAA, projects with minor environmental effects may have profound effects on first nations' rights, which triggers the duty to consult and accommodate. CEAA 2012 ends environmental assessments for minor projects currently referred to as “screenings”.

In addition, CEAA 2012 will continue substitution of provincial environmental assessments for the federal process as well as deem equivalency of such processes, which would exempt CEAA 2012 from further application.

The government is correct to note that where relationships with first nations, provinces, and the federal government have already been established, such as the Mi'kmaq-Nova Scotia-Canada consultation process, substitution in those cases may work well. But this also raises significant concerns, and it could very well lead to more situations that I know many are familiar with, such as the Prosperity Mine project in the interior of British Columbia, which was approved through the provincial environmental assessment process but subsequently rejected following more stringent federal review.

This also invokes for many first nations—for those of you familiar with the situation across the Prairies—the Natural Resources Transfer Agreement, or NRTA, of 1930. This was a unilateral agreement between Canada and the provinces of Manitoba, Saskatchewan, and Alberta to transfer resources and lands that were never ceded or surrendered by way of treaty by the first nations—another major impact.

The impact of the NRTA has been to lesson the scope and implementation of the numbered treaties in the Prairies, and it is a source of continued and ongoing conflict and litigation over 80 years later. This is about all of us, and for Canada, learning from history. This is what the recent crown gathering was an effort to reflect on, and to do much better going forward. First nations will not stand for such unilateral actions and will take all avenues available to them to prevent further derogation of their rights.

The increase in discretionary powers afforded to the minister within the Fisheries Act and the number of cabinet decisions under CEAA 2012 and the National Energy Board Act will severely impair transparency and accountability to first nations. The broad restrictions around cabinet confidences will mean first nations will find it increasingly difficult to know how the government considered first nations rights when developing accommodation measures. This too compromises the crown's ability to discharge its duty to consult and accommodate first nations and is an area for clear challenge.

Finally, on the issue of timeframes established for first nations to respond to notices under CEAA 2012 and the National Energy Board Act, they are insufficient, not allowing adequate time for appropriate review, analysis, and response. It's unreasonable to provide first nations with only 20 days to provide comprehensive scientific and legal materials related to assessing the potential impacts of a project. Any notices under CEAA, NEB, or the Fisheries Act related to development, authorizations, regulations, or policies must be sent directly to communities in an accessible form. The use of online notices limits first nations participation and is therefore insufficient to fulfill the crown's duty to consult with first nations.

While the government has an established legal duty to consult and accommodate first nations under Bill C-38, part 3, as well as any regulations developed under the authority of the act and any new policies created to interpret the act, such consultations have not yet taken place.

Numerous organizations in addition to the Assembly of First Nations, including MKO, in Manitoba, and the Union of B.C. Indian Chiefs, have all registered protest to the CEA agency's call for public comments on regulations to be developed under CEAA 2012, which had a deadline of May 23, 2012.

Paragraph 62(h) of the CEAA and paragraph 105(g) of the CEAA 2012 state that one of the objectives is to consult with first nations. However, to be clear, there's been no identification of a process for funding for such consultations to take place.

In conclusion, Canada, in our view, needs to take a step back and reconsider its approach. Hastily moving forward on significant and broad changes that will impact the exercise of established and asserted rights by first nations will have long-reaching and expensive consequences, contrary to the interest in moving in this direction.

Taking time to work with first nations jointly on resource management and protection plans will achieve far better outcomes in terms of certainty and increased prosperity, and we have many examples we can point to. This is the spirit in which, as I said earlier, we participated in the crown-first nations gathering, and it's in this spirit of a renewed and respectful relationship that we urge Canada to proceed.

We have the following three recommendations:

Part 3 of Bill C-38 needs to be withdrawn to take the time to work with first nations to ensure their rights and interests are reflected and will not be compromised through such legislation. Failing that, I would recommend that the legislative amendments in part 3 be separated from the main bill to ensure appropriate study and amendments can take place with engagement and input from first nations.

Specific funding allocations should be made to engage and consult with first nations on CEAA 2012, amendments to the Fisheries Act, amendments to other legislation within part 3 of the act, regulations under the amendments, and any new policies relevant to the interpretation of amendments to new or existing environmental regulation.

Finally, any and all notices provided with regard to project reviews must be sent directly to first nations.

Bill C-38 unacceptably impacts first nations' rights. While I've been speaking about fish tonight, really I'm talking about the lifeblood that connects all of us, and that's our waterways, our watersheds.

I will close on that notion that we not forget about the need for a vision going forward to achieve pristine water in our country.

May 29th, 2012 / 6:20 p.m.
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Vice-President, Finance, Risk Administration and Chief Financial Officer, PPP Canada Inc.

Greg Smith

Thank you.

The Chief Peguis project was very successful, and we're proud to be a part of that.

Bill C-38 will allow us to enter into very formal, direct relationships with federal departments and agencies to provide our advisory services and pass on to them the knowledge and expertise we've acquired from implementing the P3 Canada fund over the past three years. That's what it will do for us.

May 29th, 2012 / 6:05 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Thank you very much.

My colleagues have spent a lot of time talking about Old Age Security. I am going to take a bit more time to talk about employment insurance. In my constituency, in the east of Quebec, it is a specific concern.

My first question goes to you, Mr. Céré, because you know the reality too. The reforms were announced on Thursday morning. On Thursday afternoon and Friday morning, I spoke with a lot of people in my constituency at some public forums I held on various issues related to Bill C-38.

What surprised me was that more employers than workers came to see me about the problems that Ms. Finley's proposed reforms were going to create. Among them were employers from ZECs—controlled harvesting zones. They were in tourism and cabinet-making. They all told us that they were having a lot of difficulty because they train their workers in the specialist ZEC areas, such as tourism and cabinet-making. Since the employment is seasonal, they have to lay off their employees for two, three or four months. The workers try to find other jobs but getting employment for two, three or four months is not the easiest thing in the world. The employers can hire them back and so can get back the expertise that they provided. The employers are thinking that, because of the reform and the measures that are proposed, they may well lose the employees whom they have trained.

I would like to know what you think about that. You mentioned a lot of employees and workers who are affected. But I feel sure that employers in a region like mine and like those in Atlantic Canada, may well be adversely affected too.

May 29th, 2012 / 5:20 p.m.
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Greg Smith Vice-President, Finance, Risk Administration and Chief Financial Officer, PPP Canada Inc.

Thank you, Mr. Chair.

I'm pleased to be here on behalf of PPP Canada to discuss Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

The infrastructure delivery model, known as public-private partnerships, or P3s, has been successfully implemented through the creation of government agencies in the United Kingdom, Australia, and across Europe. To date, the provinces have led the way in the use of P3s in Canada, notably Ontario, Quebec, British Columbia, and Alberta. However, with the creation of PPP Canada, we are seeing more and more jurisdictions adopting policies and frameworks to leverage greater value for money through P3 procurement. This increase in their use has contributed to Canada becoming a recognized global leader in the P3 industry.

P3s are a long-term performance-based approach for procuring public infrastructure, where the private sector assumes a major share of the responsibility in terms of risk and financing for the delivery and the performance of the infrastructure from design to structural planning to long-term maintenance.

In practical terms, this means that governments across Canada harness the innovation and expertise of the private sector to provide the most effective solution to deliver services to Canadians. Through allowing the private sector to design, build, finance, operate, and maintain such things as roads, bridges, and water and waste water treatment facilities, it ensures that the overall cost and risk is considered up front.

More importantly, governments do not pay for the asset until it is built and a substantial portion is paid over the life of the asset if it is properly maintained and performs its services. Moreover, the costs are fixed over the life cycle of the asset, meaning that taxpayers are not on the financial hook for cost overruns, delays, or any performance issues over the asset's life.

For example, imagine that the company that built your house was also responsible for any repairs and maintenance over your 25-year mortgage. Given the amount that you will pay them every year, once it is constructed, is agreed to before the house is built, your payments do not go up if something breaks or needs replacement. Your builder, therefore, would consider the most cost-efficient way of doing something, perhaps installing a metal roof rather than shingles. More expensive to install, but more durable, and easier and cheaper to maintain in the long-run. Moreover, if your dishwasher breaks and they don't come to repair it in the agreed amount of time, you can deduct that from your next payment.

The Government of Canada has recognized the potential benefits of the P3 model and created PPP Canada, a crown corporation, to improve the delivery of public infrastructure by achieving better value, timeliness, and accountability to taxpayers through P3s.

PPP Canada's operational focus is threefold: acting as a source of expertise and advice on public-private partnerships through knowledge development, and sharing that knowledge; building P3 procurement, knowledge, and capacity among federal departments; and leveraging greater value for money from federal investments in provincial, territorial, municipal, and first nation infrastructure through the P3 Canada fund.

Budget 2011 created a new federal P3 screen for infrastructure with capital costs of $100 million or more and a useful life of at least 20 years. Federal departments are now required to evaluate the potential for using a P3 for large federal capital projects. Should the assessment conclude that there is P3 potential, the procuring department will be required to develop a P3 proposal among the procurement options. Furthermore, the budget also encouraged departments to explore the potential of a P3 approach for other types of procurements.

May 29th, 2012 / 5:10 p.m.
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Pierre Céré Spokesperson, Conseil national des chômeurs et chômeuses

Mr. Chair, members of the committee, thank you for inviting us to speak to you today.

My testimony will be solely about the part of the budget implementation Bill C-38 that deals with employment insurance.

Mr. Chair, I must tell you that we hesitated a little before accepting this invitation because we are very well aware, as is everyone here, that Bill C-38 is going to be passed anyway. But we have a deep belief in democracy, we are democrats. We feel that Quebeckers and Canadians have to know about the issues that underlie the proposed changes to employment insurance, because those changes will have very serious consequences.

Clause 605 on page 372 of this 452-page bill, which affects 60 separate acts, contains four lines that rescind section 27 of the Employment Insurance Act. The entire historical definition of unsuitable employment is removed, a definition that protected workers who found themselves out of work and gave them a reasonable amount of time in which to keep looking for work in their areas of expertise and experience. From now on, unsuitable work becomes suitable. From now on, what was unacceptable becomes acceptable.

Mr. Chair, we knew of course that a new definition would eventually be introduced into the employment insurance regulations, regulations that do not go through Parliament. Last Thursday, Ms. Finley, the Minister of Human Resources and Skills Development, tabled such a document. We now know more about the spirit in which that definition of suitable and unsuitable work will be couched.

This is a historic stage in the history of employment insurance, a program that has existed since 1940. Three separate classes of the unemployed are now created; they will not have the same rights nor be subject to the same requirements. That is unheard of. Specifically, a new sub-class of the unemployed is being created; they are called frequent claimants and they are no longer entitled to a reasonable search period. They will be required to accept any work at 80% of their previous earnings starting in the first week of unemployment. In the seventh week of unemployment, they will have to take any work paying 70% of their previous earnings.

Who are these frequent claimants? Principally, they are seasonal workers. And where are those seasonal workers, ladies and gentlemen? In eastern Canada. In Quebec, 34% of those receiving employment insurance benefits are seasonal workers. In Atlantic Canada, the percentage in Nova Scotia is 38%, in New Brunswick, it is 46% and in Newfoundland, it is 52%. In Ontario, it is 19%, in British Columbia, it is 14% and in Alberta, it is 9%. In a way, they are declaring war on eastern Canada by penalizing those who live in those regions where a major part of the economic activity comes from seasonal work.

Who are these so-called frequent claimants? Generally speaking, they are people who have no opportunities for a full-time, year-round job. They may be, for example, in the film, cultural, television or advertising industries. They are support workers, like those in school cafeterias. According to the Department of Human Resources and Skills Development's own figures, one-third of the Canadian workforce is in a vulnerable situation. Those are the workers being targeted. They form the newly-created sub-class of unemployed that will be forced to accept unacceptable conditions.

The same bill proposes to abolish the administrative tribunals, meaning the boards of referees and the umpires. My colleague here from the Canadian Labour Congress brought that up as well. I point out in passing that the boards of referees were tripartite—with representation from labour, employers and the government—in order to ensure a measure of balance in the decision-making process. That will all be replaced by a new Social Security Tribunal with only one member. There will be 74 of them for all of Canada, only half of which will be assigned to employment insurance.

I have been mandated to tell you that the current government is in the process of breaking the social contract on which employment insurance was built in 1940, when it was called unemployment insurance. All observers, commentators and columnists, the entire political class in Quebec and the Atlantic provinces, are opposed to these changes.

Let me finish with these words. Mr. Chair, this government is sowing the wind. Those who sow the wind can expect to reap the whirlwind, and the whirlwind is coming.

Thank you.

May 29th, 2012 / 5:05 p.m.
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Conservative

The Chair Conservative James Rajotte

I call to order the 64th meeting of the Standing Committee on Finance.

I want to welcome our witnesses here this afternoon.

Our orders today, pursuant to the order of reference of Monday, May 14, are for our study of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

We have four organizations with us in this panel.

Firstly, we have the Canadian Labour Congress.

Next we have the Conseil national des chômeurs et chômeuses.

Thirdly, we have the Macdonald-Laurier Institute.

Then we have PPP Canada Inc.

Thanks to all of you for being with us here this afternoon. You will each have up to five minutes for an opening statement, and then we'll have questions from members.

We will begin with the Canadian Labour Congress, please.

May 29th, 2012 / 4:40 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Thank you.

You have the motion before you. Essentially, as you know, this is an attempt by the Liberal Party to have the budget bill subjected to closer scrutiny, in particular by the committees responsible for the statutes that have been directly affected. You would also know that since this committee was formed after the last election, we have not had any legislation come before it. There have been no changes proposed to any of the statutes for which we are responsible. So here we are, knowing that one of the things that we're supposed to do is to consider changes to the statutes falling within our jurisdiction, and the first time one of them comes along, that statute has not been sent to the committee. So I'm asking the committee basically to do the work for which it has been mandated.

You will note that the motion calls for the formation of a subcommittee, and that's specifically out of respect for Mr. Harris's motion that we examine the transformation agenda. That is very important work that we're now doing. By striking a subcommittee, that work can continue and we can proceed on a parallel track. We could strike a subcommittee of this group to examine the impacts of Bill C-38 at the same time as continuing with the important work we're doing here today. So the motion is not meant to derail the work of the committee but to do it in parallel.

That's the motion and that's the rationale for it. Thank you.

May 29th, 2012 / 4:40 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Thank you, Mr. Chairman.

I provided a notice of motion to the committee on May 16. I advised the witnesses ahead of time that I would be presenting the motion here.

I move that the Standing Committee on Veterans Affairs establish a subcommittee to immediately undertake a study regarding the subject matter of the sections of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, which directly fall within the mandate of this committee, namely part 4, division 50: Canadian Forces Members and Veterans Re-establishment and Compensation Act .

That's the motion for which I provided notice.

May I speak to it now, or do you want to put me on the speakers list?

May 29th, 2012 / 4:40 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Anderson, my understanding of the court decisions that have been rendered at the Supreme Court level is that there is a duty to consult at the federal government level as well. You're talking about the provincial government. But at the federal government level, we have a bill before the House, Bill C-38, the budget implementation bill, that appears to undermine that duty to consult when it comes to fisheries habitat, for example.

From the federal perspective, because that's the place where we can make recommendations, is consultation on that resource development, which drives the economy in the rest of the province of Manitoba, happening to the extent it needs to on the use of the land?

May 29th, 2012 / 12:45 p.m.
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Conservative

Shelly Glover Conservative Saint Boniface, MB

So these measures in Bill C-38 will help, in your opinion, to fill those 300,000 some jobs.

May 29th, 2012 / 12:40 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

I am talking about other columnists who are conservative and who have written in their columns that they are opposed to the process related to Bill C-38. I am talking about columnists like John Ibbitson and John Ivison. Are you also aware of those columns?

May 29th, 2012 / 12:40 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

In fact, Mr. Coyne wrote about that. Other journalists, such as John Ibbitson and John Ivison, also wrote about the process related to Bill C-38. And they could not really be considered as progressives, as their analyses are relatively conservative and they are proud of it.

May 29th, 2012 / 12:35 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Sommers, since you have been neglected until now, my first question is for you.

I would like to read you a quote from a column by Andrew Coyne in the National Post about Bill C-38 and the process that is used. This is what he wrote:

Not only does this make a mockery of the confidence convention, shielding bills that would otherwise be defeatable within a money bill, which is not: It makes it impossible to know what Parliament really intended by any of it. We’ve no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet.

Would you agree with this assessment by Mr. Coyne?

May 29th, 2012 / 12:35 p.m.
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Director, Government and Political Affairs, United Food and Commerical Workers Union

Bob Linton

I can't see the relevance of that question to Bill C-38. I'm sorry.

May 29th, 2012 / 12:30 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

I think it's a question of pertinence and whether or not Mr. Adler's questions have anything to do with the matter at hand and Bill C-38. I'm having trouble finding the relevance with his line of questioning.

POOLED REGISTERED PENSION PLANS ACTGovernment Orders

May 29th, 2012 / 12:30 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to have a chance to speak to Bill C-25, its inadequacies and the concerns that many of us continue to have here on this side of the House.

I have often referred to Bill C-25 as being nothing more than bread crumbs to a starving person because in reality that is all it is. I doubt very much that it would help very many Canadians. From everything I am hearing from the provinces and from other people who have looked into the issue, there would be big management fees and little help for people when it comes to serious pension reform. It would simply be a mechanism for those who have money to save for their own retirement. The government tries to call that its answer to pension reform. I am sure we will hear its solution to pension reform was PRPPs for the next five years or so, until it realizes that as Australia's plan failed, so would this one. While I have no difficulties with creating savings vehicles for Canadians, we must also work to help those without the means to save. That is what pension reform is really all about. Bill C-25 is not pension reform. Anyone who makes that claim is misleading the public.

Two years ago, I asked the government what it planned to do to protect and preserve pensions for all Canadians. The minister responded in this House by saying that pensions were provincial and should be left to provincial legislatures to deal with. He said pensions were not a federal problem. However, Canadians rightly found that notion to be wrong, short-sighted and clearly unacceptable. The Conservatives produced Bill C-25 which is a copy of an Australian proposal that, after 12 years, has been declared a failure. The government was sent into a scramble. It had to find something to satisfy the accusations that it was not doing anything so it came up with this idea.

I will cast my vote, as will my party, with very deep concern and caution because it is nothing more than bread crumbs to a starving person. However, it is that small tool in a toolbox. It is not the answer but we will support it because it is one small step in the advancement of talking and recognizing the need for pension reform in Canada.

In 1998, when the current Prime Minister was campaigning, he announced that he wanted to privatize the Canada pension plan. That is right, the Conservatives proposed the elimination of the public Canada pension plan. Just imagine where we would be today. Not only is the government talking about moving from age 65 to 67 in this current budget bill, and is clearly moving in that direction, imagine where Canadians would find themselves if we did not have the Canada pension plan or it had been privatized. All of a sudden their retirement plans would severely change.

Who knows if that is not the next shoe to drop in the big plans that the government has? Will the Conservatives decide they are going to privatize the CPP? I am not fear mongering, but who knows what is going to be next on the agenda of the government?

At the time, the government suggested that the CPP should be replaced with a super savings account that would allow Canadians to put all of their extra money into investments for their retirement. The government did not talk about the fact that most Canadians are not up to speed on how to invest in the stock market, that they can make poor choices and that their alternative would be to pay high management fees to people who have that expertise. This would be another way of discouraging Canadians from what they are trying to do. Canadians would have to become market experts. Their employer would be playing no administrative role in PRPPs. Canadians would have to bear 100% of that investment risk. A single market stumble could spell the end of any retirement hopes. We all know what happened with the investments a few years ago when the stock market crashed, and what happened to thousands of Canadians whose retirement income was lost.

The Conservatives talk about people working later. They are going to have to work later because they lost a tremendous amount of their retirement income. They do not have the expertise needed. They would need the expertise with PRPPs, to be able to manage a certain degree of their investments. Employers would be forced to create administrative systems to enrol members. If the provinces made them mandatory, and that is highly unlikely, Ontario, the province I represent, has already indicated it is not going to have anything to do with PRPPs. It does not believe this is the answer to the pension issue.

The proposal for an enhancement of the Canada pension plan, which is what we have been proposing, along with the supplementary Canada pension plan, which I will talk about a little further, are much more reasonable methods for most Canadians out there.

This PRPP will be of no help to homemakers unless they are contributing to employment income. One of the challenges facing many women today is that, when they are at home caring for children or elderly relatives, parents and so on, they are out of the workforce. When they are out of the workforce, they have a much more difficult time thinking about their pension and what will be in it for them. That is why unless they are in the workforce for 35 or 40 years, most women at 65, or 67 as the government is going to, end up with minimal income. They are living on $11,000 or $12,000. That is not the Canada I want to live in, and I do not think it is the Canada most people want to live in. Changing that age to 67 years old will certainly hurt a tremendous amount of people.

I had a meeting in Kemptville last night. There were about 60 or 70 people. When I asked the people there, who were a non-partisan group, to raise their hand if they supported moving the age of retirement from 65 to 67, everyone in that room opposed the change, and there were many Conservatives in that room. They did not feel it was necessary, but that it was part of an ideology of the government or because the Conservatives are starving the government for revenue sources by removing the GST and lowering taxes. The government only has so much money. That is probably the real reason: they are starving the beast we call the government. They will not have the money to give people pensions at age 65, so they want to move it up and take $30,000 out of the pocket of every Canadian over that two-year period of time.

As I indicated, the management fees are a big problem on PRPPs. We know that Canada has an F rating, according to the OECD. It says Canadians already pay some of the highest management fees in the world on their mutual funds. That is exactly where we are going with PRPPs, creating more vehicles for people to be able to do this.

However, the government knows all of this. We raised all these issues at committee. Our Liberal finance critic moved a couple of amendments that would have strengthened and improved the PRPP, which went nowhere. The Conservative members put their heads in the sand and voted down the amendments rather than possibly thinking that maybe together, because we were prepared to work with the government on this, we could strengthen it and make it better, recognizing that we need some pension reform. However, the government members do not care what everybody else offers. If it is not their idea, it is not good enough.

It is the same if we talk about some of the things in the budget. Look at the changes to EI and what impact they will have on Canadians all across the land. Never mind talking about where they are putting money into pensions. Many of these people will be forced to move away from their families to go out west, which is clearly where the jobs will be, starving other parts of Canada. Again, that is not the way we are supposed to be going. Canada needs to be a land where everybody is treated fairly and with a bit of respect and understanding.

What happens to the seasonal workers who are being brought into the country? Many of those seasonal workers are the reason we have a thriving industry when it comes to fruits, vegetables and so on. Canadian employers need those temporary foreign workers to come over and be able to do those jobs. We should not kid ourselves. There are lots of Canadians who physically do not want to do those jobs. I think they are quite happy to see these temporary foreign workers come over and work for six months in the agriculture industry or other industries and then go back to their home countries with some very much needed money, because many of these people are coming from countries that are very poor. Will we deny them that opportunity, again with short-sightedness and some of those issues that are in the budget, in Bill C-38, that we will continue to deal with over these next few days that will hurt many Canadians and employers? It will hurt Canadians if that is the only work they have. It is not as if they do not want to work 12 months or 10 months of the year. They are seasonal workers. Who will be working the fisheries?

I remember the amount of people who told me they would love to work longer but the season is only so long, when I visited the east coast last year with one of my colleagues. Where are they supposed to go at the end of that particular point? They have to collect EI because they have no other options.

Some of the changes at second reading, which the Liberal caucus said it would have liked to put forward, were raised by many witnesses as additional ideas. However, when it comes to voting at the committee level, government members vote down anything anybody else suggests, no matter how good it is. The Liberal finance critic put a very good amendment forward on the issue of controlling high management fees, because that is a major concern for Liberals, one that would cap the management fees. There was a bit of discussion with government members, but it did not matter. They voted it down as they do everything else because it was not their idea.

Reducing government spending is a laudable goal, as we hear from the government. However, financial players offering PRPPs will need to offer annuities so that members may convert their accumulated balances into a stream of pension payments. Once that occurs, insurers are required by law to price in a profit margin and keep regulatory capital aside to underwrite those contracts. In simple language, this means that investors, the average Canadians the government is talking about, are legally required to pay fees that would guarantee a profit for the banks and insurance companies. This is a very inefficient way of delivering pensions, and once Canadians find out about all the small print, fewer and fewer of them and businesses will be interested in getting involved in all of this.

Those requirements are the cornerstones of the PRPP we are talking about. With this in mind, I am left to wonder how the PRPPs could possibly yield any results for Canadian pensioners. The simple answer is that they are not going to help the average Canadian prepare for retirement, just as millions of Canadians have not been able to max out their RRSPs either. It is just a locked-in RRSP. That is what the PRPP is. Forcing seniors to work longer and harder to save for retirement on top of asking them to pay for $6 billion in giveaways to the largest corporations, $13 billion for new megaprisons and $40 billion for untendered stealth fighter jet deals is not a plan for pensions. However, the government is certainly spending a lot of money and clearly it is looking to pay for all of these on the backs of Canada's seniors.

PRPPs will not work for those who need them the most. Instead of copying the failed work of others, why did the Prime Minister not seek to lift seniors out of poverty? The supplemental Canada pension plan already proposed by the Liberals would provide the best of both worlds. It would create a new retirement savings vehicle for Canadians who need it, while delivering the low overhead cost structure of the Canada pension plan.

The supplementary Canada pension plan is a simple and cost-effective solution to the pension question. It is a defined benefit pension for everyone who has a social insurance number, even those who have left the workforce during their lives for child rearing, illness, seasonal employment and educational advancement. It would use proven and existing resources to give every Canadian man, woman and child a reliable and stable investment vehicle for the future.

The supplementary Canada pension plan is a plan for real pension reform, and I offer it to the government at any time because it would benefit Canadians all across the board, no matter what their occupation. Even if they are home and not able to work, they could still contribute to the Canada pension plan. I could contribute to the supplementary plan. However, by steadfastly following their PRPP plan, by ignoring Liberal calls to improve the CPP, moving to slash the old age pension, slashing EI, cutting people off, making it difficult for farmers to be able to employ temporary foreign workers and all that goes with it, the Conservatives are really showing their true colours. Balancing the budget on the backs of seniors is nothing short of waging a war on the poor. It is unacceptable, and the government should be ashamed of that direction.

The Prime Minister, who is the sixth highest paid political leader in the world, earning an annual salary of $296,000 U.S., is telling Canadians to put their extra money into the bank for their retirement, but he seems to forget that not everybody has extra money. What about the seniors who pay their taxes, raise their families and work hard but still do not have extra money to invest?

Let me tell members about a woman named Mary, who I met last night. She is a single woman who talked to me about income splitting. Yes, the income splitting idea is a good idea for all those who have money and who have a partner, but for single men or women who do not have anyone to share their pension income with, what help is it to them? Mary has to take the hit for the taxes that others get to save. She asked me why the government would do that when it is clearly unfair. I said she would just have to look around and judge for herself. Government is all about choices.

As a government, one makes choices every day and decides what is important and what is not. Clearly, this government's choices are far more interested in helping the rich and much less interested in helping the low-income or middle class Canadians, or in helping to build the Canada, Mr. Speaker, that you and I believe in.

The Prime Minister is the same man who said that the Canada pension plan should be scrapped in 1998, which I referred to earlier, and that government involvement in the financial security of Canadians runs counter to the Conservative ideology of fending for oneself. If one cannot fend for oneself, there is no room in the Conservatives' Canada.

That is very different from the Canada I want to live in. I believe we have an opportunity for a hand up, not a hand out. We can create an atmosphere where Canadians can thrive and do well. Canadians are a very independent, tough bunch of people. We are used to standing on our own feet, and we take great pride in that. I do not believe there are a whole lot of Canadians who are interested in living off the purse of the government.

Given the fact that the Prime Minister has made the kind of comments he has made, I have to wonder if these changes are not the first bricks in the long-desired firewall that the Prime Minister indicated he wanted to create.

I am very glad to have had the opportunity to speak for a bit today. The changes that are coming forward, both in Bill C-25, the PRPP legislation, and in Bill C-38, and all the things the government is moving are going in this direction, which is not an area to which I think we should be going.

We need to be making some changes as well to the Bankruptcy Act. We all know about Nortel and what happened to the thousands of people who were working for Nortel and in other companies that go bankrupt where individuals lose their pension funds.

There is no change. With all of the multitude of things in the omnibus Bill C-38, there is nothing in there about how to protect people's pensions when it comes to bankruptcy, how to better protect Canadians. It is all about creating crisis management and making people think that the country is in a major crisis situation when it is not, whether or not we are talking about immigration issues and creating a crisis, in order to justify the means at the end.

It is unacceptable for us and it is unacceptable for Canadians.

May 29th, 2012 / 11:55 a.m.
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Bob Linton Director, Government and Political Affairs, United Food and Commerical Workers Union

Thank you, Mr. Chair.

On behalf of the membership of UFCW Canada, Canada's largest private sector union, I welcome the opportunity to comment on Bill C-38.

UFCW Canada represents more than 250,000 members across the country. As Canada's largest private sector union, UFCW Canada is a leading force for workers in the retail, food processing, and hospitality sectors. As one of Canada's most progressive unions, our membership lives in communities from coast to coast and in every province.

Given the size and number of subjects covered in this bill, it's quite absurd to expect anyone to make suitable comments in five minutes on the far-reaching changes that will take place in Canadian society if this legislation is enacted. However, given the time allotted, I would like to focus on three areas of Bill C-38: changes in eligibility to the GIS and OAS, changes in employment insurance, and changes in the temporary foreign worker program

I would like to mention that our initial communication with the clerk's office was to have us speak on part 4 of the bill relating to the labour code. However, since we are a private sector union with small numbers that would be affected by the labour code, on that we'll defer to other labour organizations who have much more membership in that area.

With respect to the changes in eligibility to the OAS, we believe that the rationale to make the change is as a result of an artificially created crisis. We know that this will have a negative impact on both younger and older workers. Many of the jobs available to younger workers in today's labour market can at best be described as precarious.

What will these changes to the OAS mean for younger workers? When older workers retire, will their jobs, and the benefits and protections afforded them, also disappear and be replaced by precarious jobs?

Most UFCW members have the benefit of being members in a jointly trusteed employer-union multi-employer pension plan. They see the CPP as part of Canada's three-pronged pension system of public, individual, and private sector plans that will allow them to retire at age 65. They are fortunate to be in a workplace pension plan, but with the great recession and its after-effects, many find difficulty in saving for retirement as individuals.

Those older workers who are in their forties and fifties are now facing a further two years of work to qualify for OAS, which they see as a failure of the public system. They also face the reality that as the federal and provincial governments make changes to pension plans and download the costs of those changes, there is less money for benefits.

These same workers are facing another phenomenon in Canada's retirement system, which is the increasing number of employers who want to change existing defined benefit plans to defined contribution plans—a benefit change our union defends against on a daily basis.

There is ample evidence from the Parliamentary Budget Officer, the federal and provincial finance ministers working groups, and respected economists from the Canadian Centre for Policy Alternatives and the Canadian Labour Congress that Canada's public pension system is financially stable and there is no need to increase the eligibility age from 65 to 67.

As to the other issues mentioned earlier, changes to the EI program and changes to the temporary foreign worker program, it is our belief that both will do nothing more than undercut the wages and employment conditions of all workers. Fast-tracking employer applications and allowing them to pay migrant workers up to 15% less than the prevailing rate shows that the government believes migrant workers are not equal. They are supporting wage discrimination. What is even worse is that with the majority of migrant workers being racialized people, they will be promoting wage discrimination based on race.

Instead of filling long-term labour needs with a short-term disposable workforce that does not enjoy the same rights and protections as other workers, Canada should be giving these workers the opportunity to become permanent residents as part of our nation-building.

Furthermore, instead of making changes to the TFWP that unfairly skew the program in the interest of employers over workers, the government should be enforcing stronger compliance, monitoring, and enforcement measures to protect the rights of migrant workers while in our country.

The changes announced by the government relating to employment insurance are similar to the changes to OAS and TFWP: they are seriously flawed. The government plan to replace 1,000 part-time members of the EI board of referees who currently hear 25,000 cases per year with 39 full-time members will be, in our opinion, unworkable. It will lead to a large volume of complaints against the system and a large delay and backlog in the hearing of the cases.

Of major concern to UFCW members is the government's failure to address the problems of Canada's unemployed and the decision to seemingly blame the unemployed for being out of work. Recent figures released by StatsCan paint a different picture from the federal government's. StatsCan reports that there were 5.8 unemployed workers for every reported job vacancy.

Giving the minister the power to set regulations as to what constitutes suitable employment for various categories of workers, and also to define reasonable and customary efforts to find work, will result in claimants being cut off EI if they decline suitable employment or do not make reasonable and customary efforts to find work. We believe this is intended to drive workers to take jobs that are now being filled through the TFWP, whereby workers can be paid up to 15% less than the prevailing rate. It is our belief this will cause the 15%-less rate to become the new prevailing rate.

We believe the changes discussed in our submission are about austerity and cuts and will do nothing to address job creation or revenue growth to sustain social programs. Rather than continuing to attack the unemployed or underemployed, the government should be focusing its attention on a job creation program that will add to tax revenue and create and provide decent jobs so people can earn a decent living instead of falling into the country's rapidly growing ranks of the working poor.

Thank you.

May 29th, 2012 / 11:50 a.m.
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Terrance Oakey President, Merit Canada

Thank you, Mr. Chairman, for your invitation to appear here today to discuss Bill C-38, as it contains measures that we support and that are very important to our members.

My name is Terrance Oakey and I'm the president of Merit Canada. Merit Canada is the national voice of eight provincial open shop construction associations. Open shop construction in Canada represents roughly 70% of the industry, and our member companies directly employ approximately 60,000 Canadians.

I want to begin by saying that Merit companies do in fact pay a fair wage and have a competitive benefits plan, including retirement savings, that is transferable between Merit companies. Our members compete every day for labour, so in terms of pay and benefits there's little difference between our companies and the ones affiliated with unions.

Our members are united by one common vision: that construction contracts, employment, and individual compensation should be based on merit, regardless of employee affiliation. For the benefit of all honourable members, “open shop” does not mean non-unionized. It means that we have both union and non-union employees and do not discriminate against workers simply because they choose not to join a union.

I will address the specific issue of the so-called Fair Wages and Hours of Labour Act, which will be repealed as a result of the adoption of Bill C-38.

Wages and working conditions today are a far cry from 80 years ago when this law was brought in. Back then, there were few, if any, laws and regulations in place at any level to protect the interests of construction workers—although today we have a host of provincial measures in place to enhance and protect working conditions, wages, and hours of labour.

Our companies believe that employees are our best asset, and our members cannot successfully bid or win contracts without a highly trained workforce that operates with safety as their number one priority.

We support the repeal of the act because we believe that free and competitive labour markets are the best way to establish wage rates. Therefore, there is no need for federal government regulation in this area. This is borne out by Statistics Canada, which indicates that construction workers are paid an average rate of $28.35 per hour, making them the second-highest-paid workers in Canada. This rate exceeds the national average by some 30%.

Another reason we support the repeal is that most small, family-run construction companies are reluctant to establish a dual wage structure within their company for private work and public sector work. Many open shop companies simply refuse to bid on federal projects, and this results in lower levels of competition and increased construction costs for the government.

Thank you, Mr. Chairman, for the opportunity to bring to your committee our perspective and our support for the measures contained in Bill C-38. We would welcome any questions you may have.

May 29th, 2012 / 11:50 a.m.
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Tyler Sommers Coordinator, Democracy Watch

Good morning.

I'd like to begin by thanking you for the opportunity to speak with you today and to take questions regarding Bill C-38. It's a pleasure to be here.

Democracy Watch is a national non-profit, non-partisan organization, and Canada's leading citizen group advocating democratic reform, government accountability, and corporate responsibility. Our work for democratic reform is aimed at winning changes so that everyone in politics and business is effectively required to act honestly, ethically, openly, representatively, and to prevent waste.

Our work is based on a number of principles. Canadians need access to full and timely information about government and business activities. Canadians need meaningful rights to participate and be represented in Canada's political system. Canadians need easily accessible remedies against government and corporate waste, abuse, and misrepresentation. Accountability measures are needed wherever there are concentrations of power in society, and measures must be enacted to help Canadians band together as citizens, consumers, and taxpayers.

Now, our position on budget bills has been laid out for many years. It's very simple: the inclusion of changes to other laws in the budget bill should be prohibited; and budget bills must focus on government spending.

The reasoning for this is simple and straightforward. By including changes outside of government spending, the bill becomes convoluted, and dialogue and debate suffer as a result. It's also virtually impossible for many members of Parliament to represent their constituents accurately when voting on omnibus legislation. There are simply too many things to consider.

In order to ensure that the changes the government makes are properly debated, that participation by the public is thoughtful and thorough, and that MPs have the opportunity to properly represent their constituents, the budget bill should focus solely on the budget. Other aspects should be removed and included in other pieces of legislation.

It's also important to ensure that politicians and advocates addressing issues such as these don't address them simply on a case-by-case basis. In this situation, for those advocating against an omnibus bill, the goal shouldn't just be to have this one bill broken up; the goal should be to address the cause rather than simply the symptoms.

This is an approach that should be embraced by all parties in all they do: solve the core rather than address the symptoms. I understand that this is not an easy task. It is monumentally difficult at many times. But it's something that's important to ensure that our Parliament and government operate effectively and efficiently for all Canadians.

Thank you. I look forward to taking your questions.

May 29th, 2012 / 11:45 a.m.
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Claude Poirier President, Professional Serving Canadians Coalition, Canadian Association of Professional Employees

Good morning. My apologies to the interpreters because I will have to cut my speech short. Please bear with me.

My name is Claude Poirier. I am the President of the Canadian Association of Professional Employees, but I am here to talk on behalf of the Professional Serving Canadians Coalition, which comprises six unions representing more than 75,000 professionals employed by the federal government: The Canadian Association of Professional Employees, the Association of Canadian Financial Officers, the Association of Justice Counsel, the Canadian Federal Pilots Association, the Professional Association of Foreign Service Officers, and the Professional Institute of the Public Service of Canada.

We wish to thank the committee members for agreeing to hear our concerns regarding the passing of many of the measures contained in Bill C-38, An Act to implement certain provisions of the budget.

Our union members have been affected to various degrees by the provisions in the budget. Here are a few figures. So far, 3,291 of the approximately 13,000 CAPE members in the EC occupational group have received an affected employee letter, including no fewer than two-thirds of the economists and analysts in the EC group of Statistics Canada. On April 30, 95 federal lawyers working for the Department of Justice received notice letters. At the Professional Institute of the Public Service of Canada, 2,949 members have received letters, including 349 at the Canadian Food Inspection Agency, 384 at the Department of National Defence, and 455 at Statistics Canada. Even though the members of the Canadian Federal Pilots Association have not received a significant number of letters, the budget still had a significant impact on those employees. The operating budgets have been significantly reduced, including a $62 million reduction at Transport Canada alone.

All public service workers understand the cold hard reality behind these raw data: these employees, hired at the conclusion of rigorous selection processes in which they had to demonstrate their qualifications, expertise and competencies, will now have to start over again and compete against the very people they have been working side by side with for months or even years. We feel that many of these cutbacks don't make sense economically, but are being made strictly for ideological reasons.

On April 3, CAPE revealed that its analysis of an economic model developed by Statistics Canada predicted that the loss of 19,200 jobs in the public service would put as many as 40,000 Canadians from the private sector out of work across the country. You will see in our written document the number of jobs lost in both the public and the private sectors.

We are not the only ones to be concerned. The parliamentary budget officer has since stated that federal spending cuts, combined with those announced by the provinces, will lead to the loss of 108,000 jobs in Canada in 2015. The Canadian Centre for Policy Alternatives published a report that places the total number of federal public service job losses at 29,600 once the cuts from the 2012 budget have been fully implemented. The plans for the future of some 30,000 Canadian households are going to fall through.

But beyond the figures themselves, we are concerned about the issue of reduced services to Canadians. Here are some examples: the National Council of Welfare is being eliminated; the National Round Table on the Environment and the Economy is being abolished; new employment insurance eligibility rules are being brought in; changes are being made in the rules surrounding the slaughter of animals and food inspection; the number of aviation safety inspections will be reduced; the section that monitors the mental health of members of the Canadian Forces and focuses on suicide prevention will be closed; and there are cuts in the Department of Justice described by the AJC as an elimination of essential services.

May 28th, 2012 / 11:20 p.m.
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Conservative

The Chair Conservative Blaine Calkins

Thank you, Ms. Duncan.

Our time tonight has expired. I was hoping to have a little bit of time left to ask a few questions myself, but I think that in the interests of the day that's ahead of us tomorrow, I'll thank you for appearing here, Mr. Prystay, Mr. Gratton, and Mr. Orb. Thank you so much.

Committee members, if you will just bear with me for one minute, I think this is a simple matter. In order for us to pay for the expenses of our witnesses who are appearing here, the clerk has prepared a document requesting an amount of up to $25,500 to conduct the business of this particular subcommittee.

I need somebody to basically move this motion: that the proposed budget in relation to the study of Bill C-38, part 3, responsible resource development, in the amount of $25,500 be adopted, and that the approved budget be reported to the Standing Committee on Finance for adoption at the earliest opportunity.

May 28th, 2012 / 11:20 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Thank you, Mr. Orb.

Mr. Gratton, given the increased scrutiny of environmental impacts, how do you anticipate that the changes to the environmental laws in Bill C-38 will improve your industry's social licence to operate?

May 28th, 2012 / 10:50 p.m.
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Conservative

Randy Kamp Conservative Pitt Meadows—Maple Ridge—Mission, BC

Thank you, Mr. Chair, and thank you, gentlemen, for appearing before us. We appreciate the clarity you've been able to provide to Mr. Chisholm and some of his colleagues.

Mr. Orb, I saw a statement that I think was from your organization that said Saskatchewan rural municipalities have been paying inflated costs to accommodate the provisions of this act for over 10 years. I'm taking from that that you don't think the status quo was adequate and it needed some changes.

Let me ask you then, given the direction that we've taken with these changes in Bill C-38, do you feel that what we've done here, by focusing attention on fisheries that Canadians value most, and the food fish and habitat that support them, is a better use of taxpayers resources than the current system, which requires DFO to protect all water bodies and species regardless of their value to Canadians?

Perhaps I can ask each of you that question, and I'll start with Mr. Orb.

May 28th, 2012 / 10:45 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

That is fine, thank you.

I also wanted to come back to what Mr. Prystay was saying concerning the assessment procedures.

You were happy that the wait periods for the assessments were shortened, as you found them long. However, the environment and sustainable development commissioner was very clear on this. Why were the wait periods for the environmental assessments long? Because there were some communication gaps between the various departments and the federal agencies.

Do you think that Bill C-38 sets out any solutions to this lack of communication between the departments, which would explain why the timeframes have been shortened?

May 28th, 2012 / 10:20 p.m.
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Conservative

Stella Ambler Conservative Mississauga South, ON

Thank you.

Mr. Gratton, as part of the statutory review of the Canadian Environmental Assessment Act, the environment committee heard examples, such as the park bench that needed an environmental assessment under the old process.

Do you think the new approach in Bill C-38 is more balanced? If so, what effect do you think it will have on the environmental assessment process?

May 28th, 2012 / 10 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you very much, Mr. Chair.

Thanks to our witnesses for coming out tonight, particularly at such a late hour.

You know we're studying a very controversial bill. I've participated, and many of my colleagues have, in standing-room-only public meetings across the country on this. You've all seen the poll that came out this morning that showed that in part due to the reaction to Bill C-38, the Conservatives would lose 50 seats and would be returned to opposition if an election were held today. A Conservative member of Parliament, David Wilks from Kootenay—Columbia, said he'd be voting against the bill because of everything being thrown together and exactly because of that lack of clarity and that lack of predictability.

May 28th, 2012 / 9:45 p.m.
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Ray Orb Vice-President, Saskatchewan Association of Rural Municipalities

Thank you, and good evening.

My name is Ray Orb, and I am the vice-president of the Saskatchewan Association of Rural Municipalities. I am also the reeve of the Rural Municipality of Cupar, in Saskatchewan.

I would like to begin by thanking the subcommittee on Bill C-38 of the Standing Committee on Finance for inviting me here to present our views tonight.

SARM represents all 296 rural municipalities in Saskatchewan and acts as the common voice of rural Saskatchewan.

SARM serves as the principal advocate in representing the municipal governments of the province on priority issues, including the changes to the Fisheries Act being proposed through this bill.

Distinction of waterways. SARM applauded the federal government for the changes to the Fisheries Act that were announced in April by federal fisheries minister Keith Ashfield. The changes to the act provide the long-awaited distinction between vital Canadian waterways that support fish populations and smaller bodies of water that do not house fish. It is our understanding that the amendments to the Fisheries Act will focus protection rules on significant threats to fish and will set clear standards for routine projects concerning smaller fish-free water bodies.

Currently the Fisheries Act applies the same protection to rivers and streams as municipal drains and farmers' irrigation canals. This adds unnecessary costs and extended timelines to routine municipal road construction projects. For example, in 2011, in my municipality, we were involved with a culvert replacement project in a non-fish-bearing area. DFO required us to attain a permit, which caused a time delay, and the overall cost was increased significantly. The culvert accommodated drainage for farmland. There were no fish in the area, but the project was treated as if there were.

If DFO clearly defined waterways to allow an RM to determine whether or not they needed to consult with the department, it would expedite projects where DFO approvals aren't required. This will save RMs time, which is a priority in Saskatchewan, with its short five-month construction season.

In many cases, municipalities have been required to install larger culverts to accommodate the passage of fish when constructing roads around all bodies of water, regardless of whether fish were present or not. The rules need to be clarified to support municipal governments while continuing to protect fish habitat where fish are present.

The changes to the act are welcome news if they translate into allowing routine municipal road construction projects to proceed without unnecessary costs and delays in the future.

Avoiding duplication. SARM is also encouraged by the proposed changes to the Canadian Environmental Assessment Act of 2012, which will establish a new federal environmental assessment regime. We understand that for larger-scale resource projects this will mean that firm timelines will be placed on reviews, requiring that they be completed within two years. We hope these changes will foster increased cooperation between the federal and provincial governments when it comes to the environmental assessment process.

The province of Saskatchewan is experiencing rapid growth with our natural resource sector; therefore, allowing for a more streamlined approval process could mean increased economic activity to our province, which will benefit our members, the province, and the country as a whole.

SARM would hope that in the future a similar approval process could be implemented for municipal infrastructure projects as well. This will reduce the regulatory burden, which will help all levels of government.

Public cost share. SARM would also like to take this opportunity to express our concerns regarding the costs associated with implementing fish-accommodating structures that are required by the Fisheries Act when fish are present. The need for protection of fish and fish habitat is widely supported and is viewed by SARM as necessary to prevent the loss of this valuable natural resource. That said, we are concerned that the Fisheries Act continues to place the onus on the individual or municipality to bear the cost of compliance with the act. This includes the requirement to install larger culverts, and burying them underground in many cases, to accommodate fish movement. These requirements are above and beyond those that would normally be utilized in a typical road construction project, thus adding additional costs.

A good example of these costs comes from the RM of White Valley in the fall of 2011. The RM was replacing a culvert in one of their existing municipal roads that intersected a seasonal running stream. They consulted with DFO. DFO assessed the stream and determined that fish were present. DFO then required the RM to accommodate fish by installing a larger culvert, which in turn added $28,000 to the overall road project costs. The taxpayers of the rural municipality are left to pay the additional costs of the culvert required to accommodate the fish. SARM does recognize the importance and value of protecting fish but believes it is a benefit that is realized by all of Canadian society. SARM would like to ask that the federal government share in these costs that are currently fully absorbed at the municipal or individual level.

In contrast, under the Species at Risk legislation, a landowner discovers that there is an endangered plant or animal living on his or her property. Compensation is paid to the landowner for the loss of the use of the property, thereby recognizing the public benefit. SARM would encourage the federal government to consider providing funding to municipalities and individual land owners for the costs they accumulate while taking measures to maintain fish and fish habitat.

Thank you for the opportunity to appear today. I would be pleased to answer any questions you may have.

May 28th, 2012 / 9:35 p.m.
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Pierre Gratton President and Chief Executive Officer, Mining Association of Canada

Thank you, distinguished members of the committee, clerk, staff, and observers, for the opportunity to appear before you today in the examination of this important piece of legislation.

My name is Pierre Gratton. I'm president and CEO of the Mining Association of Canada.

MAC represents the national voice of the mining industry. We have members active in every jurisdiction in Canada, except for Prince Edward Island and the Yukon. We've been actively supporting the mining sector since 1935. We have members that produce a whole range of products, from base metals to gold and precious metals, iron ore, steel-making coal, diamonds, uranium, and oil from the oil sands. The industry in 2011 contributed some $36 billion to the gross domestic product and employed over 300,000 workers.

For the record—this was not put in my remarks for the purposes of today, as we always include it—the industry accounts for more than 50% of freight revenues on Canada's rail system. Obviously we need a rail system that functions.

We represent over 21% of Canada's goods exported and about 3% of gross domestic product.

Our industry is also enjoying a period of some growth and prosperity. Notwithstanding the troubles in Europe and the slight slowing of the economy in China, we continue to enjoy commodity prices that we have not seen in many years, leading to new investments in every region of the country. We've estimated that some $140 billion in new investments have either already been commissioned or could be commissioned within the next decade. For example, in Newfoundland alone we've seen mining production quadruple in the past decade. Quebec is poised to have the largest investment, at over $4.6 billion this year, leading Canada in new mining investment in 2012.

So it is a pan-Canadian industry supporting communities across the country. That is why having an efficient and effective regulatory system that enables this industry to continue to grow and invest is important to us.

We also place a high degree of importance on responsible development. Through our Towards Sustainable Mining initiative, which is an award-winning program, we commit to public reporting on performance and third-party assurance. It's guided by a national advisory panel made up of representatives from many different walks of life across Canada.

Turning to our views on Bill C-38, note that our comments are based on preliminary analysis of the legislation. Certain questions remain regarding the bill's overarching impact, and we're still seeking clarity on them. With that caveat, I'll reflect our members' reaction to the bill.

As an industry that operates outside of urban Canada, we are pleased that Bill C-38 recognizes the importance of aboriginal consultation. A tremendous opportunity for mutual benefit and success exists and is being realized through the partnerships the Canadian mining industry has formulated and continues to develop with our aboriginal partners. Open and honest consultation is a cornerstone of developing those partnerships.

On the new CEAA, we do not expect it to have a dramatic substantive effect on mining projects. As we told the House of Commons Standing Committee on Environment last fall, great improvements in the process for mining projects came from the 2010 amendments. They cut out delays in starting federal assessments and allowed the federal process to start at the same time as provincial assessments.

These amendments, you may recall, addressed comprehensive studies—that level of review within the Canadian Environmental Assessment Act that represents the lion's share of mining assessments in Canada. Nevertheless, CEAA 2012 does promise additional significant improvements in clarity and predictability, as well as a reduction in duplication of process. As an association serving a diverse group of members, an important feature for us is that we will have an act that we will be able to explain for the first time since CEAA was created.

CEAA 2012 can be summarized on a simple flowchart. The current Canadian Environmental Assessment Act cannot be explained simply; the complex interplay of definitions and triggers and exclusion list and inclusion list left most people confused.

CEAA 2012 includes the features that we have been calling for, including one clear responsible authority; a clear and predictable process with defined timelines; sufficient flexibility to make common sense decisions; the screening process and the safety net process should ensure that unforeseen situations can be resolved; authority to initiate and to engage in regional studies, which was one of our recommendations last fall; substitution and equivalency where warranted; and an obligation on federal authorities to provide timely information.

There are, of course, some features of CEAA 2012 that will require careful implementation, such as enforceable decision statements. It will be important that the agency ensure that these are clear and feasible. None of these changes will affect the substance and quality of the assessment process. In fact, in our view, they will enhance it.

I would, however, flag one disappointment. Given that the projects where the Canadian Nuclear Safety Commission, CNSC, will be the responsible authority includes uranium mines and mills, the benefits of the positive regulatory reforms should be available to uranium operations to the extent possible, in our view. A uranium mining or milling operation has more in common with a gold mine, yet this industry continues to be treated as more akin to a nuclear reactor. As a result, the uranium mining and milling sector has been exempted from some of the most beneficial measures announced in the new CEAA, including equivalency, substitution, and screening out.

Furthermore, the timelines specified in the transitional provisions do not impact the current comprehensive studies where the CNSC is the responsible authority, when the same is not the case for those led by the National Energy Board. We have difficulty reconciling the different treatment in this regard.

We are less advanced in our understanding of the changes to the Fisheries Act. The incorporation of means for better federal-provincial cooperation is valuable, as is the incorporation of a larger tool box for dealing with the act's absolute prohibitions, such as the possibility of regulations for section 35.

However, at this time, we are not clear about how the fisheries and pollution prevention provisions, sections 35 and 36 of the act, will work together in practice. Section 35 has been significantly amended; section 36 has not. As some members may recall from our visits in November of last year during our mining day on the Hill, we expressed concerns about the lack of clarity and consistency in how sections 35 and 36 worked together. For the mining industry this issue appears to be made murkier by the amendments. We are working with officials in both Environment Canada and Fisheries and Oceans to develop, we hope, greater clarity through regulations and guidance.

Thank you very much, and I look forward to your questions.

May 28th, 2012 / 9:30 p.m.
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Ward Prystay Principal, Environmental Services, Stantec Consulting Ltd., Canadian Construction Association

Thank you, Mr. Chairman.

Good evening. My name is Ward Prystay. This evening I am here to provide testimony on behalf of Canadian Construction Association, or CCA, on part 3 of Bill C-38 regarding responsible resource development. I am a principal with Stantec Consulting, which is a member of CCA. I have 20 years of experience as an environmental professional, with the past 18 years as a fisheries and environmental assessment consultant.

The CCA represents 17,000 members across Canada working primarily in the non-residential construction business. As an industry, construction employs over 1.25 million Canadians and accounts for just under 7% of our overall GDP. CCA members are supportive of strong environmental assessment and permitting processes and believe they are an important contributor to sustainable development in our country.

With regard to the proposed changes of Bill C-38, I would like to comment on the amendments to the Canadian Environmental Assessment Act and the Fisheries Act.

During the parliamentary review of CEAA in November last year, CCA presented membership concerns to the House of Commons Standing Committee on the Environment regarding the efficiency and effectiveness of the administration of the act and the lack of certainty and predictability in its implementation. In particular, CCA raised concerns about uncertainty regarding triggering and timeliness of the process, the wasted resources applied to the assessment of projects and activities that have very little environmental risk, and the duplication of effort and process when both federal and provincial environmental assessments are triggered.

The changes to the Canadian Environmental Assessment Act in Bill C-38 address the concerns that CCA raised last November. I would like to touch on these.

With respect to uncertainty regarding triggering and timeliness of the process, the current CEAA framework triggers an environmental assessment by one of four mechanisms: when the Government of Canada is the proponent of a project; when it will transfer lands to facilitate a project; when it will provide funding to enable a project; or when it issues a permit or authorization identified in the law list regulations.

For private sector projects, it is usually a permit or authorization that triggers an environmental assessment. As a result, proponents must invest in a high level of engineering design at the planning stage of their projects to trigger CEAA. For environmental screenings there is no timeline for receiving formal confirmation that the act applies. The 2011 timeline regulations for comprehensive studies have been a distinct improvement, but they still allow three months for a decision on whether the Environmental Assessment Act applies. They also allow the agency to suspend the 365-day review process whenever a question is asked of the proponent.

Under the proposed changes, environmental assessments will be triggered based on project-specific thresholds identified by regulation when there is a direct linkage to federal areas of responsibility. This list-based approach of deciding which projects require an assessment was a recommendation of CCA last November, and it is fully endorsed by the membership. It removes uncertainty about the need for environmental assessment and will improve project planning. It will also free up federal resources from a bureaucratic interdepartmental coordination process that has no value from an environmental protection perspective.

The concern CCA raised regarding timeliness of the process is also addressed by the proposed changes. The key steps to triggering an environmental assessment are clearly defined in the new legislation, as are timelines for each of these steps. This will bring certainty to proponents at the early stage of the process. There are also timelines for reviewing the environmental assessment and for making decisions. This will provide significant certainty in project planning, regardless of the type of environmental assessment.

I have an important comment on the proposed changes to CEAA in regard to the beneficial use of government resources. Today there are 3,040 environmental screenings, 36 comprehensive studies, and 11 review panels active under CEAA. Many of these screenings are mere checklists for legislative compliance—they're not true environmental assessments. The new project-based threshold approach is expected to eliminate the majority of the small screenings that pose little to no environmental risk. In addition, the consolidation of responsibility for conducting environmental assessments—under the authority of the Canadian Environmental Assessment Agency, the National Energy Board, and the Nuclear Safety Commission—will result in the Government of Canada making one common decision for a project. It will no longer make the same decision five or more times for a single project through various departments.

With respect to duplication of effort and process where both federal and provincial environmental assessments are triggered, the proposed amendments will allow the federal assessment requirements to be addressed by provincial processes where they're equivalent. This will bring to life the philosophy of one project, one assessment.

Together, these changes will simplify scoping, improve the timeliness of assessments, and free up government resources to focus on assuring resource projects are constructed, operated, and decommissioned in an environmentally responsible manner.

We would like to raise one minor concern regarding section 67 of the proposed legislation. We are concerned that intervenors may use this clause as a basis for legal challenges against the federal government. In this section, where the federal government carries out a project that is not a designated project under the act, there is a requirement to confirm that the project is not likely to cause significant adverse environmental effects before proceeding, or if it would, that the Governor-in-Council would decide if the project is justified.

We believe this determination cannot be made without an environmental assessment that meets the standard of CEAA. We believe this is not the intention of Parliament, and we recommend considering an amendment that clarifies the basis and scope of this determination.

CCA has also reviewed and supports the proposed changes to the Fisheries Act. Specifically, CCA agrees with the addition of a purpose section of the act; revisions to the pollution prevention and fisheries protection provisions; changes that allow a single authorization to be issued addressing both fish and habitat together; and inclusions of a framework for improving the timeline for review of applications.

Together these will provide clarity on interpretation and application of the act across Canada, and will ultimately improve the efficiency of the approval processes for projects.

In conclusion, Mr. Chairman, CCA views the proposed changes within part 3 of Bill C-38 as a positive step forward. We believe the changes to CEAA will establish a regulatory framework that assures one project, one assessment. This will minimize duplication of process, improve timelines, and free up federal resources to tackle projects with the potential for greater environmental consequences.

In addition, the changes to the Fisheries Act will clarify the intent of the legislation to protect fisheries and ensure greater consistency in application of the act across Canada.

Together, these will provide greater certainty on the regulatory requirements and timelines for projects without lowering environmental standards.

Once again, thank you for inviting CCA to share our membership views on the changes to Bill C-38.

May 28th, 2012 / 9:10 p.m.
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Director General, Strategic Policy and Planning, Department of Citizenship and Immigration

Sandra Harder

Well, as you know, because these are provisions in the budget act, they've only been made public since the introduction of Bill C-38. I guess there is an expectation that some people who have been in the federal skilled worker backlog for some time could be disappointed, and we certainly understand that, but by moving in this kind of very direct manner, and being very clear about what the provisions are and what the cut-offs are and allowing people the opportunity to reapply under the current program...I think that's the approach that has been taken.

May 28th, 2012 / 9 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

I'm just asking if you were consulted on the changes in Bill C-38. Yes or no?

May 28th, 2012 / 9 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Were any of the other panellists consulted about these changes to any of the legislation that's included in Bill C-38?

May 28th, 2012 / 8:45 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you very much, Mr. Chair, and thanks to all the witnesses for coming here this evening.

I'd like to start with Mr. Meisenheimer and Mr. Rees. Mr. Meisenheimer, please thank your wife for your presence here tonight. It's very important.

Mr. Rees, you spoke about an unprecedented omnibus bill, and this is certainly extremely controversial. We've seen public meetings with standing-room-only crowds across the country. We saw just this morning in the National Post that Conservatives would lose 50 seats if there were an election today, in part because of their reaction to Bill C-38. There was even a Conservative MP a few days ago who said he'd be voting against Mr. Wilks from Kootenay–Columbia.

So there is a lot of controversy around how everything has been brought together in this bill.

May 28th, 2012 / 8:35 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Thank you.

The fact that we have all eight of you here at the same time in a way represents what is wrong with Bill C-38 and the way we are going about it now. We have here three people who specialize in charities, one person from agriculture, one person from mining, one person who promotes the oil sands, someone who has been talking about the tax consequences, and someone who comes from independent business, all in a single group.

I am going to try to focus my questions, but five minutes does go by fairly quickly.

My first question is for Mr. Blumberg, Ms. Krause and Mr. Lauzière, in particular.

With the information you have, do you have enough evidence to show that groups in Canada, charities, have laundered money, as a Conservative minister has said?

I am asking all three of you. Go ahead, Mr. Lauzière.

May 28th, 2012 / 8:30 p.m.
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President, Canadian Association of Petroleum Producers

David Collyer

Bill C-38 will lead to credible environmental assessment more efficiently and more effectively than we do today, and that will assist in increasing our social licence.

May 28th, 2012 / 8:30 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Will Bill C-38 improve your industry's social licence to operate?

May 28th, 2012 / 8:25 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

When they are properly assessed, that's usually included.

Given the increased scrutiny of the environmental impacts of the oil sands, how do you anticipate these changes to environmental laws in Bill C-38 will improve your industry's social licence to operate?

May 28th, 2012 / 8:25 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

The additional environmental impacts, perhaps a tripling under the tripling of production...how will Bill C-38 reduce those impacts?

May 28th, 2012 / 8:25 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Thank you.

How do you anticipate that these additional environmental impacts from oil sands are to be reduced under the changes proposed in Bill C-38?

May 28th, 2012 / 8 p.m.
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Co-Chair, Finance and Taxation Committee, Prospectors and Developers Association of Canada

Tom King

Thank you.

Initiated in 2000 for a five-year period, the METC was reintroduced in 2006 and subsequently renewed for two years. It has since been extended on a yearly basis. We were pleased to see the mineral exploration tax credit included in the March 29 federal budget. Bill C-38 would extend the tax credit for an additional year to flow-through share agreements entered into before April 2013.

It is important to note that the METC can only be earned on grassroots exploration conducted in Canada, incurred within a defined time period, and renounced under flow-through share agreements entered into within defined time limits. It should also be remembered that any METC claims are subject to taxation in the year subsequent to the taxation year in which they are claimed. Thus the after-tax saving is closer to 7.5% to 8% versus the actual 15% of the credit.

In conclusion, I'd like to thank this committee for giving our association the opportunity to speak today. We would be happy to answer your questions.

May 28th, 2012 / 8 p.m.
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Tom King Co-Chair, Finance and Taxation Committee, Prospectors and Developers Association of Canada

Thank you.

Good evening, Mr. Chair and committee members. I thank you for the invitation to appear before this committee and to offer comments on part 1 of Bill C-38 on behalf of the Prospectors and Developers Association. I am co-chair of the association's finance and tax committee, and an associate partner, tax, at KPMG LLP.

The Prospectors and Developers Association of Canada, with more than 10,000 members, both individual and corporate, exists to protect and promote mineral exploration and development and to ensure a robust mining industry in Canada. The Canadian mining industry is a great success story and a fundamental driver of Canada's economy. In 2010 the mining industry employed 308,000 people, contributed $36 billion to the national GDP, and paid $5.5 billion to governments in taxes and royalties. The mineral exploration and mining sector is the lifeblood of many rural and remote communities throughout Canada, and is the largest private sector employer of aboriginals in Canada.

Canada's mining industry plans to invest $136 billion in projects over the next decade on new domestic projects and on the expansion of existing ones. Canada is recognized as a leader in mineral exploration, development, financing, mining, and related technologies, services, and activities. In 2011 we led all countries with 18% of the world's mineral exploration spending. Australia is second at 13%.

The TSX/TSX Venture Exchange is number one in equity capital raised for mining and number one in listed mining companies with 58% of the world's total. At the end of 2011, 43%, or 1,646, of the 3,837 companies listed on the TSX/TSXV exchange were from the mining sector. In comparison, the number of mining companies listed on the Australian stock exchange is 700, and on the New York Stock Exchange and AMEX it's only 141.

Mineral exploration is the essential first step in the mining cycle, and Canada has a number of features that attract investment. We have good geology, a skilled workforce with new training initiatives, and a competitive tax system that includes flow-through share financing and the mineral exploration tax credit, the METC, both of which are unique to Canada.

The METC is important for mineral exploration financing. PDAC's members are primarily small and medium-sized enterprises that rely on equity financing to support early-stage, higher-risk exploration activities. In our pre-budget submissions and consultations, the PDAC recommended the continuation of the METC, asking that it be made permanent in order to provide greater certainty to investors and exploration companies. The METC and flow-through share financing continue to serve a critical role, as they allow junior companies to raise needed capital, keep investment in Canada, and sustain grassroots exploration activity.

The fragile state of the global economy is having a negative impact on company share prices and their ability to raise high-risk financing. Further, project costs are rising as a result of exploration, development, and production taking place in more complex ore bodies and deeper-lying deposits with lower grades and at more remote locations. Without sufficient investor support, companies will carry out less exploration, causing an impact on service companies and individuals, particularly those in rural, northern, and aboriginal communities. As costs rise, financing becomes more critical.

With respect to exploration and equity financing, flow-through shares and the mineral exploration tax credit offer individual Canadian investors an additional incentive to support the higher-risk ventures.

May 28th, 2012 / 8 p.m.
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Peter Meisenheimer Executive Director, Ontario Commercial Fisheries' Association

Thanks for the invitation to be here.

I'm going to begin with a digression. Earlier in May I received a call to come to Ottawa to speak about Asian carp before the Standing Committee on Fisheries and Oceans, on a date that fell in the middle of a week that my wife and I had booked for holidays. She was very understanding and I came to Ottawa. It went very well. We decided we would take our holidays later in the month, and that would be fine. We were in the middle of them last week when I got a phone call from your clerk telling me that I was hopefully going to be able to come here on Monday evening to testify for Bill C-38's hearings. So somebody here owes my wife flowers.

Nonetheless, my invitation didn't arrive in time for me to put together a brief, and if my remarks have the feel of a stream of consciousness address, I apologize in advance, and I apologize to the translation services also for not having notes. I will be speaking exclusively in English.

I'm the executive director for the Ontario Commercial Fisheries' Association. I represent fisheries in Ontario, on the Great Lakes and its connecting waterways on Lake Nipigon and a number of inland waters in the province. We've been an industry that's been well-established in Ontario in its current European fishery form since the 18th century, and there is abundant evidence in the historical archeological record of a commercial fishery in Ontario for centuries before European contact.

We're nationally small but locally very important, and in some cases very important to the history, the culture, and the economy of the communities where we are engaged in business. I will say at the outset that I think the fishery in Ontario is unique and instructive. We prosecute the fishery alongside an extraordinary mix of other economic activities, large and small. We do it in water bodies that are much smaller in scale than some of the other fisheries that are prosecuted on the coasts and elsewhere in the country, where the impacts of other activities can become magnified by the scale of the habitat in which our fisheries exist.

As such, the full range of bad things that can happen when you get it wrong have happened to us over the years. It's perhaps for that reason that at least as it relates to the Fisheries Act provisions of Bill C-38, there was a great deal of consternation about the uncertainty that was being introduced into the mix by this legislation.

Let me give you a bit of history. Fish and fisheries have not done well in the interaction between our industry and other industries, whether they be other resource extraction industries or manufacturing or any of the other ways that people make money, big and small, in Ontario. That's true especially as it relates to habitat destruction and degradation.

Here's an example. There was an enormously productive spawning reef in the lower reaches of the Detroit River that produced vast quantities of cisco, white fish, and any number of other fish that were an important part of the Lake Erie fishery. That was dynamited for navigational purposes early in the 20th century, which would have been bad enough, except that instead of removing the blasting spoils in trucks, they just spread it over the remaining reefs in the river, which would have been available otherwise to the fish as spawning habitat had they removed it from the water and taken it away. They completely obliterated all possible spawning habitat from the lower reaches of that river.

The reason they did that was not that they were bad people; the reason they did that was that it was convenient. I suspect that for the most part, people in responsible positions in that project understood full well that they were eliminating spawning habitat at the time. They didn't have to, so they didn't. It was cheaper to do it the way they did, so that's how it got done.

We may think that we do things differently now, but I submit to you that when money is tight and budgets are close and circumstances are straitened and the competition is biting at your heels, people don't tend to do inconvenient things unless they have to. If there's a fudge factor that's involved, well, it gets invoked if it can be.

There are more examples. There were spawning reefs all over the Great Lakes that were removed for gravel and cobble to build roads, to build buildings, to do all manner of good things. Many of the buildings of a historical nature in Ontario that we admire were built with materials that were extracted in that manner. They're gone forever. Those habitats cannot be reclaimed except at enormous expense.

The number of wetlands in Ontario that have been demolished in one form or another, whether by filling them in to build on, by digging drainage channels through them to drain them dry for agriculture or other land use purposes, by any number of very ingenious techniques that have been devised—each and every one of those was a fisheries habitat, either directly or indirectly.

The point is that these things don't happen so much anymore. The reason they don't happen so much anymore is the result of a number of pieces of legislation or regulation, but overwhelmingly, the most important piece of regulatory paper that we have to stop that kind of thing from happening, and the reason that it is so rare, is section 35 of the Fisheries Act. That is a lynchpin of fisheries management in this country, and certainly in Ontario.

I have just recently been through an extremely worrisome exercise in Lake Erie again, which has over 80% of the commercial fishery in Ontario, where there were a number of proposals to put hundreds of wind turbines on the western basin of Lake Erie, which is the nursery of the lake. It was being pushed very aggressively by a provincial government that fancies itself to be environmentally sound, and they seem sincere in seeing themselves that way. They believe that renewable energy is an environmentally good thing. The hammer we had was the Fisheries Act, section 35 specifically, and boy, did we wield it.

When I look at the sorts of things that are being proposed now, my first reaction is that it's not very clear. It's not at all clear where this is going to land. I have to tell you, there is an awful lot of accumulated wisdom out there that could help you come up with a system for revising the Fisheries Act, and particularly the habitat regulations, because we think they could stand to be improved as well. There is a lot of wisdom in the industry. There is a lot of wisdom in academia. There is a lot of wisdom within the staff you employ within the public service and in other levels of government.

But it requires a proper process. It requires full stakeholder engagement from all sides. It requires detailed agendas to be drawn up and worked through in a way that does not put us in a position where the law of unintended consequences comes home with a vengeance.

I am somewhat mollified by some of what I have heard about some of what I was worried about in the bill, but when I read the remarks of the minister with regard to what constitutes habitat, what constitutes a fishery, my worries are brought back with force.

I would say that we feel strongly that the Fisheries Act is due for a revisit, but a new Fisheries Act should incorporate strong safeguards for fisheries, potential fisheries, and fisheries rehab through science-based management, and I would echo Mr. Rees's comments about science and programs like the Experimental Lakes Area, which was instrumental in saving the fishery in Lake Erie. We wouldn't have saved it if we hadn't had the Experimental Lakes Area project, and full stakeholder engagement.

Do I have any time left at all?

May 28th, 2012 / 7:50 p.m.
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Terry Rees Executive Director, Federation of Ontario Cottagers' Associations

Thank you, Mr. Chair, members of the committee, and members of the public.

I'm disappointed I'm not addressing these comments and concerns, frankly, to the fisheries committee, and instead that these important matters are being considered as part of an unrealistically complicated, unprecedented omnibus finance bill. The timing and design of this approach short-circuits the democratic process, and it certainly doesn't allow for the type and amount of reasoned discussion that fundamental important public policy deserves.

The considerations in Bill C-38 related to Fisheries and Ocean's activities, mandate, and resources could have significant long-term impacts on the essential underpinnings of our communities and our economy. Despite the significant displeasure with this approach, I'm here to speak on behalf of the tens of thousands of waterfront property owners who help to form the backbone of our rural economies.

First some background. My specific interest here relates to my role with the Federation of Ontario Cottagers' Association. Our organization is a not-for-profit established 50 years ago to represent the interests of rural waterfront owners in the province of Ontario on all facets of community life. We currently count amongst our supporters 500 community groups that represent 50,000 families. In total, the residential waterfront community numbers approximately 250,000 families across Ontario. We also work collegially with waterfront organizations in a number of other provinces, and with industry, other not-for-profits, and government as part of numerous committees related to water, biodiversity, mining, land use planning, and resource management.

Our interests include fire and crime safety, safe boating, risk management for volunteers, sound land use planning and rural practices, and, most centrally, the promotion of sustainable and healthy rural waterfront communities. We are vested parties. We have member associations in over 380 of Ontario's 444 municipalities and many in Ontario's northern unorganized territories. All told, there are about 15,000 kilometres and 50,000 hectares of privately held waterfront lands in Ontario, which are some of our most ecologically sensitive lands. The residential waterfront property community owns over $75 billion of residential real estate and contributes over $600 million annually in municipal and school property taxes.

For over 50 years our primary interest has been on supporting thriving and sustainable communities and specifically the health of our precious aquatic resources. In addition to supporting private land stewardship, we rely on the rule of law to ensure our natural resources are managed and cared for. Our community inherently knows, and it has had it confirmed by at least two U.S. university studies, that cleaner water is positively correlated to higher residential property values and directly impacts the use and enjoyment of our homes and the health of our families.

Today I wanted to relay our specific concerns related to the proposed changes to the Fisheries Act and the significant negative implications that may result. The habitat provisions in section 35 of the Fisheries Act prohibit the harmful alteration, disruption, and destruction of fish habitat. That's been the basis for ensuring aquatic resources are not impacted by shoreline or in-water projects and that our fisheries are allowed to thrive.

Clause 142 of the proposed budget implementation act diminishes the existing law and as a result is bad for Canadians. It does this first by limiting prohibitions to only commercially important fish. Complex natural systems require healthy food webs made up of a variety of species, and I note that the large majority of at risk fish species aren't commercially fished. Secondly, clause 142 establishes a prohibition based on serious harm that's permanent. We feel this new definition is both unclear and ill defined, and thus is subject to interpretation and will be challenged. Defining a serious harm that's permanent is problematic and will not simplify things.

Most provinces don't have laws making it an offence to harm fish habitat, and for those that do, these laws can be weak and discretionary. For many provinces, like Ontario, they rely on the Fisheries Act and their own regulations to protect habitat, and use it to ensure environmental assessment of major projects like mines, which are excluded from provincial environment assessment laws.

While an important piece of Canadian law, section 35 of the existing Fisheries Act is still overly discretionary and should be strengthened, not weakened. The act should be revised to require that industrial undertakings are economically and environmentally sustainable, they take a precautionary approach, and repair or avoid harm to aquatic habitats and species.

The proposed changes to the Fisheries Act are regressive. Instead of embracing ecosystem-based management, the changes narrow the provisions to protect fish and fish habitat to focus only on identified fisheries. Instead of limiting discretion or guiding decision-making under the act, they create a framework for suspending the application of conservation provisions altogether.

The national laws on our fisheries should provide a clear national standard for protecting fish and fish habitat. Yet clause 134 of the budget implementation act allows for certain provisions of the act or regulations to be completely relegated to provincial discretion, in which case the federal fisheries law is suspended and provincial law applies in its place.

Whatever its shortcomings, the existing law has breadth and consequences for offenders that are significant, including fines and jail terms. This is a deterrent that is potent and powerful.

I would like to conclude my remarks with some commentary about the investment our government is making in natural resources research.

Our water resources and the life they sustain are our most valuable resource. Our freshwater resources, our lakes and rivers, sustain our industry, are fundamental to agriculture, and are the foundation for all life on earth. Yet overall, we have a limited understanding of the dynamics of freshwater and their long-term health.

For almost 50 years, Canada's Experimental Lakes Area has been an incredibly valuable aquatic research facility, unlike any research facility like it in the world. This dedicated area of 58 small lakes in northwestern Ontario and their watersheds are an important natural outdoor laboratory to study the physical, chemical, and biological processes in actual lake ecosystems. The ELA has one of the longest, most complete, and unique sets of information on water quality in the world. This data is crucial for monitoring and developing sound environmental and industrial policy. Research at ELA makes, and has made, important contributions to decision-making on many issues, and these include: restricting phosphorus inputs to lakes, which combats undesirable algal blooms; it contributed to the Canada-U.S. Air Quality Agreement, which is a policy that limits air pollution from sulphur and nitrogen oxides and reduces acid rain; they've studied greenhouse gas production in hydroelectric reservoirs, the effectiveness of proposed legislation to restrict mercury air pollution, and the effects of releasing endocrine disrupting chemicals into our waters. These issues can dramatically impact our economy and Canadian society.

Investing in this important facility and its researchers will provide benefits through better understanding of our freshwaters for years to come.

The notion that private industry or universities will be able to dedicate themselves and maintain this research over the long term is simply false and unrealistic. The government must reconsider the decision to close this facility and reinstate our commitment to the knowledge it provides our industry, our governments, and civil society.

Canada's federal government needs to provide the conditions for rational and sustainable growth. This means providing clarity and accountability to everyone who has a stake in Canada. It also means a commitment to the scientific underpinnings that will drive innovation, strong and informed public policy, and a healthy and prosperous population.

Thank you.

May 28th, 2012 / 7:45 p.m.
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Jamie Ellerton Executive Director, EthicalOil.org

Good evening, Mr. Chairman.

Thank you to the members for having me here today.

My name is Jamie Ellerton. I am the executive director of EthicalOil.org. We are a Canadian non-profit organization that advocates for ethical oil from Canada's oil sands and other western liberal democracies. Ethical oil is produced in countries with high environmental standards that are peaceful nations, where workers are treated and compensated fairly, and have respect for human rights. Conflict regimes, by contrast, oppress their citizens, operate in secret with no accountability, and have little, if any, regard for the environment. What we do is important, but I do not claim that it is charity. It is political, and it is simply not on the same moral plane as true charitable endeavours.

Government accords charities the privilege in exchange for the charitable work they do. The benefits that come with that privilege are quite generous and result in foregone revenue to the government. In Canada there is not a consensus on ethical oil, and promoting one side in a political debate is not charity. I will quote from the Canada Revenue Agency:

...in order to assess the public benefit of a political purpose, a court would have to take sides in a political debate. In Canada, political issues are for Parliament to decide....

Now, stop for a moment and imagine. If arguing one side of an issue were a charitable act, then arguing the other side would be a charitable act too. Let me read you such an example. The example is deer hunting. It comes from Canada Revenue Agency's policy statement CPS-022, about political activities. I quote:

The main reason why the courts rule out political purposes for charities is a result of the requirement that a purpose is only charitable if it generates a public benefit. A political purpose, such as seeking a ban on deer hunting, requires a charity to enter into a debate about whether such a ban is good, rather than providing or working towards an accepted public benefit.

If you have to debate whether or not something is charitable, it is not. Mr. Chairman, that policy statement was published in 2003 under Prime Minister Chrétien. This is not a matter of partisanship. It's about the neutral application of tax laws. Politics should never enter into it.

In 1989 Revenue Canada revoked Greenpeace's charitable status because it engaged in prohibited activity. Greenpeace then set up another charity called the Greenpeace Canada Charitable Foundation, which also saw its charitable status revoked in 1998. It had nothing to do with the PC or Liberal governments of the day. It was the CRA doing its job in enforcing the Income Tax Act.

Given this history, why are we discussing this today? The Government of Canada wants to make sure charities are following the rules they agreed to when they applied for charitable status, a classification that gives them generous benefits such as tax-free status and the ability to offer donors deductible receipts.

Mr. Chairman, Ethical Oil has noticed increased political and partisan activities of several organizations that we believe are in violation of charities law for their political and partisan activity. To that end, we have written several complaints to the Canada Revenue Agency detailing how we believe various Canadian charities are violating the law. Whether it's a representative of the David Suzuki Foundation appearing in a TV advertisement for a political party, or Environmental Defence making 50,000 phone calls in one electoral district to attack one member of Parliament, we do not believe this work to be charitable.

Concerns have been raised that this legislation attacks free speech. I do not believe this to be true. No charities doing charitable work have anything to fear from Bill C-38. Charities that are complying with the law today will continue to be if Bill C-38 is passed. What the bill actually does is this. For those organizations that have been given the privilege of charitable status, which includes a generous subsidy from Canadian taxpayers, it requires registered charities to provide greater transparency into their activities in exchange for that privilege.

That is why Ethical Oil supports the initiatives contained in Bill C-38 and hopes to see its passage through Parliament.

Thank you, Mr. Chair.

May 28th, 2012 / 7:45 p.m.
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Coordinator, Canadians for Tax Fairness

Dennis Howlett

I would recommend that all of the clauses of Bill C-38 that seek to curb political engagement of charitable organizations be removed.

Thank you.

May 28th, 2012 / 7:40 p.m.
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Dennis Howlett Coordinator, Canadians for Tax Fairness

I'm the coordinator of Canadians for Tax Fairness. I thank you for the opportunity to share our concerns regarding this omnibus budget bill.

Since I have very limited time, I'll address just two points: one, the need for a revenue-side solution to the deficit problem; and two, the need for government policy to support increased lobbying and political engagement by charities, not curtailing it as Bill C-38 is possibly going to do.

The first point, we need fairer taxes to increase revenue, reduce the deficit, and close the income gap. Austerity is the wrong prescription for an ailing economy. Cutbacks in government spending and layoffs of large numbers of public servants jeopardizes the weak economic recovery.

The main reason for the government deficit is not runaway government spending but ill-advised tax cuts. Thanks in part to corporate tax cuts that have lowered the federal corporate tax rate from 21% in 2006 to 15% today, non-financial Canadian corporations are now sitting on about $500 billion of surplus cash. They are not investing for the most part in job creating expansion because there is weak consumer demand for their goods and services. What they need more than tax cuts are policies that would boost consumer spending. Increasing unemployment, as this budget is expected to do by up to 70,000 full-time jobs if you include both the public and private sectors over the next three years, will not help to boost consumer demand.

The underlying weakness of consumer spending is due in large part to the growing gap between rich and poor. Wealth has become far too concentrated in the top 10% or even 1%, and middle- and lower-income Canadians have seen their income stagnate or decline. The rich, the very rich, can't spend as much as ordinary Canadians because there are very few of them.

What would help our economy, and business in particular, would be policies to redistribute wealth. One of the most effective ways to do that would be to make taxes fairer.

Canadians for Tax Fairness contributed to the alternative federal budget 2012, which included a tax fairness plan that proposed: increasing tax rates on top incomes; reversing the race to the bottom with corporate tax cuts; eliminating unfair tax preferences, and closing tax loopholes and access to tax havens; applying financial activities or transaction taxes; introducing an inheritance tax on large estates; and starting to introduce smart and progressive green taxes.

These tax measures and elimination of subsidies to oil companies could raise an additional $50 billion a year that could go toward reducing the deficit and implementing new programs, such as pharmacare, child care, climate change action, and a poverty reduction plan.

This budget bill has hardly any new revenue measures at all. It is unfair to try to balance the budget by spending cuts alone, which will adversely affect middle- and lower-income Canadians. We need a more balanced approach that would include revenue-side solutions as well.

The second point is to encourage public policy engagement by charitable organizations. I'm surprised and outraged by the attack on the rights—and I would add the responsibility—of charitable organizations to engage in advocacy on public policy issues. The real problem is that we have far too few charitable organizations contributing to public policy dialogue.

As the Canada Revenue Agency noted in their 2003 policy statement on political activities of registered charities:

Beyond service delivery, their expertise is also a vital source of information for governments to help guide policy decisions. It is therefore essential that charities continue to offer their direct knowledge of social issues to public policy debates.

The $5 million allocation in the budget for special audits by CRA, to see if charities are adhering to the 10% limit on advocacy, and additional restrictions in reporting rules for charitable foundations contained in Bill C-38 are sending the wrong message—that government doesn't want to hear from non-government organizations, especially if they disagree with government on environment, gender equality, or poverty issues.

I would have thought that many Conservatives who subscribe to the principles of liberty and limiting the power of big government would have wanted to expand democracy and citizen engagement, not curtail it.

May 28th, 2012 / 7:35 p.m.
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David Collyer President, Canadian Association of Petroleum Producers

Good evening, Mr. Chairman and members of the subcommittee. My name is Dave Collyer. I'm president of the Canadian Association of Petroleum Producers. We represent Canada's upstream oil and gas sector, and our members produce more than 90% of Canada's petroleum resources.

I certainly welcome the opportunity to provide our perspective on Bill C-38, part 3, responsible resource development.

This bill is extremely important to our industry. It's going to help attract the investment required by the oil and gas sector to create Canadian jobs, economic growth, and energy security in an increasingly competitive global market. I want to really emphasize the global competitive environment in which we operate. LNG is perhaps a good example—a tremendous opportunity, we believe, to export natural gas from Canada's west coast. But our competitors in Australia and other countries are not standing still, nor are markets necessarily waiting for us to supply those particular markets. We need to be competitive, and a key part of that is the regulatory regime under which we operate.

In our view, the bill sets out a framework for legislative change that will significantly improve the regulatory review process for natural resource development projects without compromising Canada's strong record of responsible environmental performance and environmental outcomes.

Our industry is the largest single private sector investor in Canada. We invest over $50 billion each year, and we employ well over half a million Canadians. We foresee opportunities to maintain or in fact increase that level of investment going forward. In fact, there are over $120 billion in oil sands development projects in the queue. However, we will only attract that investment and the investment capital required to grow our industry if we're internationally competitive.

As we all know, capital is mobile. I think it's rather sobering that a variety of domestic and international authorities, including the International Energy Agency and the World Economic Forum, have characterized our current regulatory system as being overly complex, redundant and open-ended, and a significant threat to Canada's ability to attract the capital necessary to develop our abundant natural resources.

The current regulatory process has often led to project delays and cost escalation, which both defer and reduce the employment and revenue benefits accruing to Canadians from these investments. In some cases, projects have unfortunately been cancelled or deferred for many years without any discernible improvement in environmental performance or outcomes. In our view, that is clearly not in the public interest. CAPP is very encouraged by the measures within Bill C-38, which, if properly implemented, will address many of those issues.

We strongly disagree with those who allege that Bill C-38 will result in lower environmental standards or turn back the clock on environmental regulation. The existing regulatory processes, to review and approve, or not, industrial activity in Canada have developed incrementally over many years, resulting in a patchwork of requirements that are confusing, overlapping, often conflicting, and ultimately uncertain. The existing process undermines competitiveness, negatively impacts project economics, and does not contribute to better environmental outcomes. More regulation is not necessarily better regulation; in fact, it's often quite the opposite.

From our perspective, the key elements of Bill C-38 are the following.

First is one project, one review, with review by the best-placed regulator by enabling equivalency and substitution. In our view, that will remove unnecessary overlap and duplication, and it certainly does not mean a lower standard of environmental review.

Second is significant consolidation of regulatory review bodies for those projects that are under federal oversight, which, from our perspective, is a sound, common sense reform—a risk-based regulatory review process that focuses resources and effort on higher potential impact projects and in fact reallocates resources in a manner that should improve environmental outcomes for those projects that have the potential to have a higher environmental impact.

The final key element is greater clarity and predictability in the regulatory review process, specifically in regard to timelines, which is going to provide much greater certainty to project proponents in terms of the costs and resources they need to devote to the regulatory review process and should shorten the timeline between the identification of a project opportunity and the point at which a proponent can make a final investment decision, thereby reducing uncertainty and complexity in the overall decision-making process.

I have just a couple of thoughts on implementation. I'd like to emphasize that the benefits that arise from this legislation outlined in Bill C-38 will only be realized if this legislation and supporting regulations are effectively and efficiently implemented in a manner that delivers the intended outcomes. It will be important to ensure that adequate federal resources are dedicated to fully implement the intended regulatory changes on an aligned, whole-of-government basis, and additionally, that collaboration and alignment among federal, territorial, and provincial government departments and agencies will be critical to delivering the intended outcomes, particularly as they relate to equivalency and substitution.

To conclude, in our view, we must continue to grow Canada's resource sector for the benefit of all Canadians, to provide jobs, economic growth, and substantial revenue to Canadian governments. As an industry, we will continue to do this responsibly and with a commitment to continue performance improvement under environmental policy and regulation that will deliver the outcomes Canadians expect and that compare very favourably with those of other countries with whom we're competing for investment capital.

We look forward to less but better process that will deliver more jobs, a stronger economy, and responsible environmental performance. In our view, Bill C-38 represents a practical, efficient, and effective framework for change that is long overdue, and from our perspective, it is time to act on this legislation.

Thank you, and I look forward to your questions.

TelecommunicationsAdjournment Proceedings

May 28th, 2012 / 7:30 p.m.
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Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I will talk briefly about recent steps that our government has taken to help provide Canadians with more choices at low prices for the wireless services that have become so important in their everyday lives.

In 2008, our government took action to encourage the entry of new competitors into the wireless market. Since then, new players have launched services and are providing more choice to Canadians. In addition to these new competitors, large telecom companies have made substantial investments to better serve their subscribers. Because of these actions, consumers are seeing the benefits of access to more advanced services, greater choice and lower prices.

We recently announced decisions that will continue to promote our goals of increased competition and investment in the sector and to see that all Canadians, including those in rural areas, benefit.

First, we would amend the foreign ownership rules under the Telecommunications Act, meeting a commitment we made in the 2010 Speech from the Throne. These amendments are included in Bill C-38. We are lifting these restrictions for companies with a small share of the telecommunications market so they can better compete and grow.

Access to capital is an important issue, especially for the new wireless competitors, and our targeted actions would remove a barrier to investment for the telecommunications companies that need it most, so that Canadian families and businesses can continue to benefit from more choices and competitive prices.

In addition, we will support competition and investment in the upcoming auctions by applying rules that will enable new wireless competitors access to the spectrum up for auction.

We will also extend and improve the existing wireless roaming and tower-sharing policy to further facilitate competition. These policies provide access to existing networks and infrastructure and support better coverage and services for consumers.

We believe all Canadians should share in the benefits of advanced wireless services and that rural Canadian families should have access to the same services as those in cities. We are applying specific measures in the upcoming auction to see that Canadians in rural areas have access to the most advanced services in a timely manner. All Canadians should be able to benefit from the fastest mobile speeds and latest devices, such as the newest iPad, PlayBook or smartphone. These are the first such specific measures of their kind in Canada.

Finally, to improve the safety of Canadians and first responders, we will be reserving some spectrum for exclusive use by public safety users across Canada. Our government believes that Canadians, in both rural and urban areas, deserve value for their hard-earned money, and our government is taking action to see that they get it.

May 28th, 2012 / 7:25 p.m.
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Conservative

The Chair Conservative James Rajotte

I'm going to call this meeting to order. This is the resumption of meeting number 62 of the Standing Committee on Finance.

Our orders today, pursuant to the order of reference of Monday, May 14, are to continue our study of Bill C-38. I want to thank all of our witnesses for their patience. I apologize for the vote. That was unexpected this evening. We do have eight people to present to us during this session.

We have, first of all, Ms. Vivian Krause. We have Mr. Mark Blumberg. We have Mr. Dan Kelly from the Canadian Federation of Independent Business; and Mr. Dennis Howlett from Canadians for Tax Fairness. We have Mr. Jamie Ellerton from EthicalOil.org; we have Mr. Blair Rutter from the Grain Growers of Canada; and from Imagine Canada, we have Mr. Marcel Lauzière. By video conference we have Mr. Tom King from the Prospectors and Developers Association of Canada.

Again, thank you so much, Mr. King, for staying with us.

We want to thank you all for being with us. You each have a maximum of five minutes for an opening statement, and we will go in the order that I read. We'll start with Ms. Krause, please.

May 28th, 2012 / 7:20 p.m.
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Jayson Myers President and CEO, Canadian Manufacturers and Exporters - Ontario Division

Thank you very much, Mr. Chair.

Good evening, ladies and gentlemen.

Thank you for the invitation to comment on Bill C-38.

Thanks very much for inviting me to appear at this subcommittee and to discuss the implications of Bill C-38 on responsible resource development in Canada. I represent Canadian Manufacturers and Exporters, as well as the Canadian Manufacturing Coalition, a group of about 50 associations that represent all sectors of manufacturing and industrial development in the country. The members of our associations jointly employ over 2.5 million Canadians.

I believe we're at a critical juncture in our economy. The global economy is presenting Canada with many challenges, but also with a historic opportunity to take full advantage of the immense potential of our natural resource wealth. Across Canada, over 500 major projects are under way or are being planned for over the next 10 years, representing half a trillion dollars of new investments in our energy and mining industries and related infrastructure.

These private sector investments will give a very badly needed short-term boost to our economy and to jobs. In the long run, they represent a significant part of our industrial infrastructure, offering long-term employment and export growth. However, they also offer something that is much more significant. Canada's real long-term opportunity is to develop a world-class manufacturing technology and services supply chain for these natural resource projects that will create high-paying, value-adding jobs on the basis of expertise that can be exported globally.

There's been a lot said recently about the impacts of resource development on Canadian manufacturers, and particularly about Dutch disease, the negative impact that a strong dollar has had on Canadian manufacturing—a strong dollar presumably driven as a result of resource development. There's no doubt that over the past decade Canadian manufacturers have faced significant challenges to their profitability and therefore to maintaining employment, to investing in new products and new processes, and to staying ahead in global competition. They face those problems as a result of the challenges of a rapidly appreciating Canadian dollar, the recession, increased competition from low-cost producing countries, uncompetitive regulatory regimes, the decline in the U.S. market, rising protectionism in key export markets, and continued escalation of labour shortages.

Canadian manufacturers are suffering from some of the symptoms of the Dutch disease, but I think this diagnosis is wrong, and I'm afraid that policy treatment based on faulty diagnosis will have damaging impacts on manufacturing and on the economy as a whole.

First of all, the strength of the dollar is a reflection of the weakness of the U.S. economy, which has had a far more damaging impact on Canadian manufacturers than currency appreciation. You can always improve productivity to offset a higher dollar. It's hard to replace 30% of your customer demand, which disappeared in a matter of six months at the end of 2008.

Despite the challenges faced by manufacturers over the past decade, I want to say that manufacturing is far from disappearing. Today, it's an innovative industry, it's flexible, it's driven by customer demand, and it's global, in terms of markets but also in terms of investment. Manufacturing represents about 10% of our total employment, about 14% of our GDP, and about 60% of all of the private sector research done in the country. In fact, today, manufacturers are creating more jobs in the services sector of the economy than ever before, in high-paying services jobs in logistics, in research and development, in technology, in engineering, in design, in financial services, and in business services, for example.

Today, Canada's manufacturers are developing new products for new markets, and many have found new customers as suppliers of the new energy, mining, and infrastructure projects across the country. These projects offer Canadian manufacturers, companies like Berg Chilling, Promation, and Aberfoyle heat treating, run by Harry Hall out in Aberfoyle, new business opportunities in new sectors of the domestic market. They've led to the development of new products and processes. They've provided them with new opportunities to sell, not only within Canada but in new markets around the world.

Rather than seeing natural resource development as a curse, we should recognize the opportunities these projects present to Canadians, do our best to facilitate their development, and ensure that we can leverage them to build new industrial, technology, and services capacity.

We support Bill C-38 because we believe that Canada needs to maximize our economic opportunities while maintaining the right balance between environmental protection and economic growth. We believe the approach proposed in this bill will continue to support responsible environmental protection and oversight, while greatly speeding up approval processes.

The development of our natural resources is a capital-intensive enterprise requiring high levels of investment years before a project begins its commercial activity phase. Today's approach to environmental reviews has created an uncoordinated, duplicative, cumbersome, and uncertain process for both domestic and foreign companies. This process is acting as a direct barrier to foreign investment in natural resources, and it's limiting our members' ability to capitalize on new supply chain opportunities. We believe a better approach is a “one project, one review” process with a clearly defined time period.

Our members have provided some current examples of the problems of duplication and unnecessary delays in the environmental process, whether it's Areva Resources Canada, which has had a 19-month delay in starting new environmental assessments for operating and constructing a uranium mine and mining facilities in northern Saskatchewan, with investments of over $400 million and up to 200 construction jobs; or the Rabaska partnership, for instance, that's proposing to construct and operate a liquefied natural gas terminal near Beaumont and Lévis, in Quebec.

These projects all create significant on-site construction jobs, as well as directly sustaining and creating hundreds of jobs in the manufacturing services and technology sector, and jobs in metal fabricating, jobs in concrete, jobs in environmental technologies, jobs in processing technologies, and in services, finance, engineering, and design. They support job creation across the economy.

While our oil and mines will be here for decades, the investment opportunities in this sector always prove to be very cyclical and sometimes unstable. We have to remind ourselves that Canada is not the only player in the global resource market and that many countries are competing for investment capital. This capital will flow where the environment for investment is the most beneficial. With a potential of over $500 billion in major projects being developed in Canada over the next decade, we need to ensure that Canada welcomes this much needed capital in order for us to develop these resources to allow our businesses to take advantage of this tremendous unprecedented economic opportunity.

While we all agree that the protection of the environment must be addressed through reliable environmental assessments, we believe that efficient regulatory processes can go hand in hand with high-quality environmental reviews and effective regulatory enforcement.

The approach for environmental approvals proposed in Bill C-38 represents, in our view, a responsible and modern approach to regulatory management and oversight.

Thank you very much.

May 28th, 2012 / 5:50 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

If it were a bill separate from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012, and other measures, it would have been examined by the Standing Committee on Industry, Science and Technology, is that not correct?

Canada–Panama Economic Growth and Prosperity ActGovernment Orders

May 28th, 2012 / 5:40 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, as usual, my colleague made some important points with respect to this trade deal and Canada's role in the world, making fair and just deals with other countries. As has been said, there is no doubt about the fact that Canada is a trading nation. It always has been a trading nation. I am from Nova Scotia. It is a trading province, always has been and always will be.

I have looked at some of the work the government has been doing, whether it be the CETA deal or what it has done on NAFTA, or other free trade agreements. The crux of the problem is that the government does not have a clear policy on what its position is on trade, just that it wants some.

Its negotiators do not have an industrial policy to work from. The European Union has an industrial policy. All other major trading nations in this world have a domestic, industrial policy to work from. They know where the strengths and weaknesses are in their economies. They know what it is that they want from a trade deal, not just the fact that they want a trade deal.

That is extremely important to begin with, to understand where we want to make gains and what the downsides might be in order to get those gains. If we understand them up front, then we understand that during the negotiations we need to make accommodations for the downsides. If we are going to engage in some deal that is going to affect a particular industry, in their wisdom, the negotiators and the government departments responsible may decide that the gains are greater than the losses. Nonetheless there are going to be losses, and they have to prepare for those.

There has to be, built into the deal, accommodation or adjustment strategies for the possible closing of an industry, the laying off of employees, the retraining, the relocation, perhaps, of the people and communities affected.

This is what a fair and responsible trade policy has to look like. It has to be progressive. It has to be fair. It has to be socially just. There has to be a commitment to human rights, to the environment, to labour protections and to making sure that the deal, in the final analysis, is right for this country.

I agree, and I bet there are not too many members on this side who would disagree, with the idea that Canada needs to be out there promoting what Canadians do best, creating new markets, creating new opportunities for our entrepreneurs, our businesses, our ideas, our technology and our resources. I do not think this country, certainly under the government, is doing a good enough job with that.

What are we dealing with here on Panama? We are dealing with a country that is important because it is a country and because there are working people, an environment, a government that is perhaps making some mistakes and doing some things that we are not happy about. Nonetheless, there are hard-working women and men in that country who are trying to provide for themselves, their families and their communities. There is an important ecosystem in Panama that we need to ensure is maintained.

However, in 2008, for example, two-way merchandise between the two countries reached only $149 million, less than 1% of Canada's total trade. Now I am not suggesting because we only do a bit of trade with this country it is not important. I would say just the opposite. It is even more important that we tailor the kind of deal that we do with a developing country like this, so we are all gaining from the experience, so the people of Panama gain as much as the people of Canada and the businesses in Panama gain as much as our businesses.

The problem is the government has put together a deal that is very much like the NAFTA deal. It is like a deal it would do with a major industrialized country. It does not have the kind of sensitivities that are necessary in dealing with a developing country, and those are some of my concerns. It does not deal to my liking with human rights issues. It does not deal appropriately with the environment, with labour rights and, has been stated by successive members of this caucus, it does not deal with the fact that Panama is a tax haven. Panama has been delisted by the OECD. As the member before me stated, it has been black- and grey-listed because it will not provide information and there is no transparency with respect to financial transactions. Even with this deal, the Government of Canada tried to get the Government of Panama to sign a taxation information agreement that would make its information more transparent and it did not happen. However, it is a free trade deal and the current government is a free trade government and it is going to sign it come what may.

It was interesting listening to my colleagues. We talk about pushing for environmental protections, human rights and labour rights. I began to think about what we have been talking about in this House in the past number of weeks and months. How many times has the government brought in back-to-work legislation? Twenty-one times, completely and utterly taking away the right to free collective bargaining for working people in this country. The Conservatives are getting rid of science. They have shut down the Freshwater Institute; the Centre for Offshore Oil, Gas and Energy Research, gone; the National Round Table on the Environment and the Economy, gone; the National Council of Welfare, gone; the Fisheries Resource Conservation Council, disbanded last fall. These were organizations that provided valuable scientific and fact-based research to help governments and to help the private sector, to help communities make sound decisions and conduct themselves in ways that make our communities and our countries stronger.

The government has brought in a piece of legislation we are dealing with right now, the Trojan Horse bill, Bill C-38. It has stuffed an unprecedented amount of legislation into that bill. Seventy pieces of legislation would be changed. The Canadian Environmental Assessment Act would be completely repealed. The Fisheries Act would be changed substantially to the point where it would hardly be recognizable. EI would be irreparably changed. Is it being changed in the face of discussion and debate? Not one iota. The government unfortunately is engaged in relations with countries like Panama and it has absolutely nothing to hold to that country because the way it is conducting itself is anti-democratic and opposed to human rights. That is why it should be subjected to all kinds of criticism from this side and from others in this country.

May 28th, 2012 / 5:10 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting back to order, the 62nd meeting of the Standing Committee on Finance, going through Bill C-38. We are on part 4, division 40, the National Round Table on the Environment and the Economy Act.

We have two officials from Environment Canada to give an overview of this section. Welcome to the committee.

May 28th, 2012 / 4:35 p.m.
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Suzanne Brisebois Director General, Policy and Operations, Parole Board of Canada, Public Safety Canada

My name is Suzanne Brisebois. I'm the director general of policy and operations at the Parole Board of Canada.

Thank you, Mr. Chair and members of the committee, for the invitation to speak to you today. I will keep my remarks brief, as we're discussing a single amendment.

As you know, the Parole Board of Canada is an independent administrative tribunal that has exclusive authorities under the Corrections and Conditional Release Act, or CCRA, to make decisions on the conditional release of offenders.

The CCRA and its regulations guide the board's policies, operations, training, and parole decision-making, and provide the legislative framework for the corrections and conditional release system in Canada. Bill C-38 proposes to eliminate the requirement for in-person hearings for certain types of reviews. This change will save the board $1.6 million annually.

Specifically, clause 527 of Bill C-38 seeks to modify paragraph 140(1)(d) of the CCRA to remove the requirement for a panel hearing following the suspension, termination, or revocation of parole or statutory release. Instead, these decisions will be conducted by board members and the office by way of a paper review. Offenders will continue to be provided with all the information being considered by the board at least 15 days in advance of the review. They may make representation in writing for the board's consideration.

It is important to note that this change is specific to post-release decisions. The board will continue to conduct hearings for pre-release decisions involving day and full parole releases. Moreover, the board will retain the right to conduct an in-person hearing where it is deemed warranted.

Protection of society is of paramount concern to the Parole Board of Canada. Public safety will be protected and the rules of fundamental justice will continue to be respected.

Thank you for your time. I'm able to take questions should you have any.

May 28th, 2012 / 4:20 p.m.
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Deputy Minister, Department of Canadian Heritage

Daniel Jean

Budget 2012 is basically proposing to double the contingent liability insurance for travelling exhibits, and it's in Bill C-38. This would allow the possibility to cover in a self-insurance way, like contingent liability, a lot more big and smaller exhibits throughout various museums, yes.

May 28th, 2012 / 3:30 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting to order. This is the 62nd meeting of the Standing Committee on Finance. The orders of the day are pursuant to the order of reference of Monday, May 14, 2012. We are continuing our study of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Colleagues, as you know, we are continuing with part 4. We are starting with division 31.

We have officials with us from Transport Canada to discuss division 31.

If you'd like, you can give us an overview of this specific section, and then we'll have questions from the members on it.

Continuation and Resumption of Rail Service Operations LegislationGovernment Orders

May 28th, 2012 / 12:25 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am rising once again in this House to defend the rights of Canadian and Quebec families and the fundamental rights of workers. This government is a repeat offender in attacking the rights of workers to associate and bargain freely. In this case, 5,000 workers and their families are being affected. These people are being attacked by a government that cannot stop interfering and sticking its nose into matters that are none of its concern. The government does not do the things it should do, but when it should be doing nothing, there it is, in the wrong place at the wrong time. This has an effect on people's lives and on the living and working conditions of Canadian workers. This is unacceptable to us in the NDP, the official opposition.

I would like to point out a paradox that would be amusing were it not for its serious impact on workers and on the future of labour relations in this country. The paradox has to do with the Conservative government's ideology, which includes allowing the market to decide everything, the state not intervening, small government and no redistribution of wealth through social programs. In other words, laissez-faire economics. It is the notion that society will manage best if there is no intervention. Yet, bizarrely, the Conservatives' ideology no longer applies when it comes to the rights of workers; the government intervenes, and intervenes quickly—too quickly.

It is strange, because the Conservative government is looking a lot like the leaning tower of Pisa: it always leans on the same side. It always leans on the side of the shareholders, never on the side of working people and their families and their interests. I am going to try to demonstrate this, but the Minister of Labour has made a good start on that today by showing her true colours: the colours of a Conservative government that could not care less about people’s working conditions or their right of association, their right to use pressure tactics, their right to speak or their right to negotiate a collective agreement without having big brother, in the form of the federal government, coming along and saying no. They have to get back in line and get back to work, and they no longer have the right to speak or to bargain freely, because the government has changed the rules of the game. This is not the first time it has done this, and we will come back to that.

This bill, which we have not seen yet and whose content is unknown to us, is a matter of great concern on more than one front. It is a matter of concern because this government reoffends repeatedly, attacking free bargaining and working people’s right of association; this is not the first time it has done it. This violates the bargaining framework that has been in place in Canada for about a century. It upsets the balance of power between the parties, because in negotiations between an employer and an association of employees, each side has the ability to put pressure on the other. The employer has the right to lock out and has its management rights; the employees have their association and a collective agreement, and the right to use pressure tactics, including the right to strike. But we get the impression that under this government, the right to strike is being eroded away. Every time someone is inconvenienced, a stop is put to all of that. The people are told to get back in line and shut up, and told they no longer have a choice.

The right to bargain means the right to use pressure tactics. Last week, the Minister of Labour came out publicly and went to the media to announce, not even 24 hours after the workers went on strike, that if there was no negotiated agreement there would be special back-to-work legislation. What did the minister accomplish when she did that? She told the private company and the employer that there was no longer any motivation to bargain in good faith, because the legal and constitutional threat that the workers were using had disappeared. There is no longer a balance of power. The employer has no incentive to find a negotiated solution that would be reasonable for both parties.

In so doing, this government attacked not just those 5,000 families, but also the right to strike and to use pressure tactics. That upsets the historic balance between employer and union in labour relations in Canada, and this is not the first time it has done this. It is strange to note that the Conservatives do not do this when it is to preserve jobs. We will recall what the Minister of Transport had to say, not so long ago, when it came to the 2,400 jobs at Aveos.

The Conservative government responded that it would not interfere because Aveos was a private company.

As far as I know, CP is also a private company. How is it that the Conservative government cannot save 1,800 jobs in the Montreal area, but can rush to the aid of a very profitable company that wants to attack its employees' working conditions and pensions? In this case, the Conservative government is acting as quick as a flash, jumping in with both feet and imposing its will on the parties.

Last Wednesday, the minister told the head of CP that he did not have to negotiate any more because she was going to take action and force 5,000 people to return to work. That was the Conservative government's message—the same message it gave to Canada Post and twice to Air Canada. Today it is attacking the rights of CP workers.

In just over one year, on four occasions, this Conservative government has interfered in collective bargaining, favoured the employer and attacked the rights of workers by shoving down their throats concessions regarding their working and living conditions.

That is not acceptable to us in the NDP. We are concerned about this and so are the workers and their families across this country. Who will be next? The postal workers have paid the price. For the first time, the official opposition put up a fight in this House to defend their rights and allow them to negotiate longer. The Canada Post employees remember. They still congratulate us on the work we did as the official opposition, even though the Prime Minister's Office killed the agreements that had been reached at the bargaining table.

The Conservatives attacked the rights of the Air Canada pilots. They also attacked other Air Canada employees, like the mechanics. This time, it is the 5,000 workers at Canadian Pacific who will pay the price. For the NDP MPs, this is unacceptable. We are wondering who will be next. Which groups of workers will have to suffer once again the unnecessary, irresponsible, and unjustified interventions of this government, which jumps at every opportunity to impose cutbacks on the workers and hurt the economy in the same breath? I will come back to that.

There are not a lot of figures on this file, but there are some that are very important: 570 is the millions of dollars in profits that Canadian Pacific made in 2011. This is not a company that is struggling.

I had the honour of representing Quebec membership for years and with my union background, I can tell you that when a company is in real difficulty, the union and the workers' associations are able to sit down and come up with solutions. Concessions are negotiated. I have seen it happen. When the company is doing well, the employees can do well. When it is in difficulty, the employees are careful, they tighten their belts, they can accept freezes, they can spread things out. The workers know the score. They are not stupid.

CP Rail made $570 million in profit in a year. What is the government doing? It is dipping into workers' pockets in order to pay the company's U.S. shareholders. That is what is happening today. It is shameful and unacceptable. We are fed up with seeing this government interfere in free bargaining and attack fundamental rights, as they are doing once again today and tomorrow.

With $570 million in profit, this company is hardly in trouble. If the government had let the parties bargain freely, they could have found a solution. There is optimism in the early stages of bargaining. But when the government stuck its nose into the process, the employer started to get the message that it did not need to do anything. It could just sit back and wait for special legislation, which is very sad.

In the past quarter alone, CP made $142 million in profit. This is a company that is in very good shape financially. In the past four quarters, shareholders have received the largest dividends in CP's history. We are talking about historic amounts. In 30 years, CP shareholders had never received dividends as large as they received in the past four quarters.

The message that sends is that even if your company is doing well, you have the right to attack workers' working conditions. The government will not only let you, it will encourage you. That is what the government is doing today.

This gives us an idea of the real situation at CP Rail. We are told that there are problems with the pension plan. All pension plans have problems, and I will come back to this later. But the pension plan negotiated by the Teamsters and CP was 96% funded last year, and that is a very high rate. The plan is healthy. Yes, workers get good pension benefits, but that is because they put a lot of money into the plan. CP workers put twice as much money into their pension plan as other rail workers, including those at CN. Obviously, at the end of the day, they benefit from that, which is a good thing.

What is retirement? It means deferred wages, money that people set aside for their senior years, and this is a good thing. Canadian Pacific was asking for huge concessions, and the union, which was also at the negotiating table, was prepared to compromise. There was some openness in that regard. When the company talked to the union and met with it, that is what it told us. It knew it was facing a challenge, but I would also point out that this company is extremely profitable and financially sound. We must not forget that.

The Minister of Labour and the Conservative government have only a single argument: the impact this will have on the economy. I have not heard anything else from the minister. The first thing I would say to that is this: if you use pressure tactics and it has no impact, you do not hold much balance of power. When the minister announced the special legislation, the strike was not even 24 hours old. This really pulls the legs out from under workers. It pulls the rug right out from under them and violates their rights, once again.

If this has any impact on the economy, it is because of the balance of power. That is how the labour relations system functions in this country. Of course it should have an impact. When the employer imposes a lockout, that also has an impact on workers. When workers resort to pressure tactics, of course it has an impact. If that were not the case, they would not be called pressure tactics, because there would be no balance of power. Our system is built on that principle.

I would like to respond to the minister's argument about the economic impact of the job action. Reducing Canadian Pacific workers' pensions by up to 40% will have an economic impact because it will reduce salaries and pensions overall. That is dangerous because we need people, seniors with good pensions who can keep spending money in their communities. If these people have no income other than OAS, which they will not receive until they turn 67, what impact will that have on our cities, towns and communities? These people will be poor and will no longer be able to spend money the way they used to in restaurants, corner stores and clothing shops or on travel and tourism.

A company that racks up a $570 million profit in a year, then asks its workers to agree to cuts of up to 40% of their retirement benefits is indecent. The NDP understands why workers are not okay with this. These people have contributed to their retirement plans and do not want the benefits to decrease.

The icing on the cake is that 2,000 non-unionized workers—mainly Canadian Pacific managers—contribute to the same pension plan. Yet, they receive the same benefits despite the fact that they contribute half as much as the unionized workers. That means one thing: this is an attack on people's ability to spend and have a satisfactory retirement. It is a very important issue, not only for the workers of Canadian Pacific, but also for the entire population.

In passing, I wish to salute the campaigns of the Canadian Labour Congress and the FTQ that, for several months, have been urging the government to invest and inject money into the public pension plans.

Indeed, that would be the most effective and healthy way of ensuring that retirees and seniors live decent lives. These are simple and affordable solutions that could save all seniors from the grips of poverty. Therefore, it is important to invest in the guaranteed income supplement, and also to invest in the public plans, the Canada and Quebec pension plans.

These tools exist, but the Conservative government is ignoring them and prefers to give free reign to a company that intends to slash the benefits of its workers. For us, that is unacceptable because it will have repercussions on the economy and on the lives of families and future retirees. When people invest a lot of money in a retirement plan, they expect to receive benefits; that is natural. It is a pity that the government is encouraging management to move in this direction. That is what this legislation does today. It is not good for the economy, nor is it good for communities and families.

Here are a few examples of the draconian effects that Canadian Pacific's demands will have on Canadian middle-class families. Indeed, the attacks on unionized workers are very much attacks on the middle class. The middle class is primarily a creature of the union and labour movement because, before people became organized and fought for their working conditions and their rights, they faced exploitation that was even worse than we see today. Yet, there is a sense that the middle class is crumbling because labour unions are being attacked. Once again, the Conservative government is pushing this ideology.

Here is an example: an employee who is 50 years old with 30 years’ service for Canadian Pacific would lose $9,900 every year to the end of their life. The changes proposed by the employer and encouraged by the Conservative government would cause that person a loss of nearly $10,000 a year. A locomotive engineer aged 50 with 30 years’ service, who lives and works in British Columbia and has five years left to work before being able to retire would see their pension cut by $9,900 a year, if Canadian Pacific gets the concession it is demanding. That employee will have invested their entire adult life in that career; they are preparing to retire and have no alternative to replace that income to entitle them to a pension that Canadian Pacific is trying to take away from them. That employee made higher contributions than the contributions paid by employees of any other railway company, and now the government would give the employer preference by acquiescing in the significant concession that Canadian Pacific is demanding from its Canadian and Quebec employees. This is shameful. This is not the way to treat people. This is picking the pockets of working people and their families so the company, which is already making a profit, will make even more profits. A profit of $570 million in one year is not enough; it has to have $600 million or $700 million. How are they going to achieve that? They are going to hit the workers over the head, they are going to lower their working conditions and cut their pensions. What that will do is impoverish our society; it will impoverish the whole of our real economy. That is what the Conservatives seem to forget. They are blind to this phenomenon.

Here is another example: an employee who is 40 years old with 20 years’ service for CP would lose more than $27,000 a year. That is appalling. A conductor aged 40 with 20 years’ service who lives and works in Saskatchewan and has about 15 years left to work before being able to retire would see their pension cut by more than $27,000 a year, if Canadian Pacific gets the concession it is demanding. That employee will have invested their entire life and be preparing to retire. They will have no other choice, no other option. They counted on this; it was their nest egg. I would point out that this employee has paid higher contributions than the contributions paid by employees of any other railway company in the country, but the government is giving the employer and its concession demands preference, once again. It is shoving substantial losses of income down these people’s throats, when these women and men, who work hard, who provide a service to our economy, will be losing their pensions. In the NDP, we think they deserve more respect than that.

Here is another example: a 30 year old employee with 10 years of service with CP would lose more than $30,000 a year upon retirement. An Alberta train conductor who is 30 years old with 6 years of service will still need to work another 25 years before retiring. His pension will be cut by $30,000 a year. He will have invested in this fund throughout his life, because there was no other alternative available, no other option. The Conservative government is going to make this young worker pay the price, and his living conditions will be affected by the special bill that the Minister of Labour is about to introduce in the House.

And it is unfortunate, because I would have liked to have had the opportunity beforehand to ask her whether she was going to have the courage to introduce the bill today so that we could see exactly what the details were. Or did she feel that it would be better instead to wait another day, given that the motion on the subject was clear in any event: she is planning to spend only 3.5 hours of debate in this House on the matter. We will have 3.5 hours to discuss very important special legislation that will have a major impact on the lives of 5,000 people in this country.

Pension plans are an essential factor for the redistribution of wealth and equity in our societies. Unfortunately, we have a government that is not doing anything to improve or protect pension plans.

I am going to relate a family anecdote. My grandfather Urgel—I think I am allowed to use his name—worked for the Singer company for 44 years in a big factory; it was a big company in Saint-Jean-sur-Richelieu. He worked at the forge with his friends. When he retired, the company left with the pension fund. He was left with nothing. There were legal proceedings for years, even decades. By the time the workers finally won their case, my grandfather had died. He never got his money.

Why is this government going down the same road and attacking Canadians' retirement plans? Why is it unable to do anything to help them? Why, when a company declares bankruptcy, are the workers not at the top of the list of creditors? Why are the banks and shareholders the ones who collect the money and why are there only ever crumbs left over for the workers? We have a government that is heading in the wrong direction, that makes bad economic choices, that always favours the same people, when people are in need and people in the middle class are having a hard time making ends meet. The middle class is shrinking and the Conservative government is not helping.

From 1980 to 2009, the purchasing power of the middle class has remained unchanged. The richest 20% became 38% richer. Over a period of roughly 30 years, their incomes increased by nearly 40%. The poorest 20% have seen their incomes drop 11.5%. The poor are poorer today than they were in 1980 because they had greater purchasing power then than they do now. The middle class has stagnated; there was no increase. Middle class incomes did not go up. If their income does not increase, how are they supposed to cope when the price of fuel, milk and meat increases, when the cost of groceries and rent goes up? What does this mean? This means that there are people who are poorer today. The middle class is poorer today than it was 30 years ago.

Shoving special legislation down our throats is not going to improve the situation or change anything. The government giving tax credits to the oil companies at every turn is not going to help Canadian and Quebec families. The government tells us it gives families tax credits, but, again, those families have to have enough income to pay income tax in order for such credits to be of any benefit.

Allow me to come back to the issue of the Canadian Pacific negotiations, because they are at the centre of today's discussion and of this infamous bill that the Minister of Labour will be introducing.

I want to speak about fatigue management. Canadian Pacific workers are constantly on call. They must be reachable by telephone 24 hours a day, seven days a week. There is a real problem at Canadian Pacific, that of fatigue management. There was a pilot project that lasted five years. This phenomenon, which affects hundreds of workers across eastern Canada, was studied. The issue was studied because there is a real problem with fatigue at work. Solutions were found, but nothing was done.

Today, we have a government that is helping an employer perpetuate a dreadful situation where employees working conditions subject them to extreme fatigue. Canadian Pacific workers have put forward legitimate demands at the bargaining table.

Just imagine: what was the demand for a person who has worked several weeks full-time? Two 48-hour break periods per month, real breaks, just to sleep. From time to time, it feels good to be able to sleep at night, and not during the daytime, because it is not the same quality of sleep. The workers documented this, had a study done, and came up with concrete solutions.

It is 2012 and we still have to fight to get days off, to be able to say that enough is enough, that we have worked long enough, and that we would like to spend a couple of days at home. The fact is that Canadian Pacific workers are unable to plan anything at all because they are always on call. Why not come up with a freely negotiated solution that says these workers will have two 48-hour periods per month when they can guarantee that they will be at home with their family and their loved ones? That is not asking too much. These demands are entirely reasonable.

What is this Conservative government doing? It is making it possible for the employer to perpetuate this situation. Canadian Pacific workers will continue to be tired. This not only has an impact on workers, their families, their family and community life, it also has consequences in terms of public safety. It is not in anybody's best interests to have people who are overtired managing trains. It may end up causing accidents and derailments. It is impossible to know what might happen.

We know that CP transports goods and sometimes dangerous goods. The trains sometimes go through residential areas, towns. Do we really want to have exhausted people working on or around those trains? Personally, I want CP workers who are healthy, proud of what they do and able to work under normal conditions. But they cannot at present. The Conservative government is totally insensitive to this.

This special back-to-work bill, the fourth in a year, will have an impact on public safety. That is shameful. It is shameful because not only does it send the wrong message and violate workers' fundamental rights, but it delays solving the real problems at CP.

Just imagine what will happen if this bill is passed and CP workers are forced back to work, even though they were exercising a legitimate and legal right. Imagine the poisoned work environment. This is not in anyone's interest, not even the company's. Problems that are not resolved today will still be problems tomorrow.

What the government is doing is putting things off, seeking a short-term solution and violating workers' rights. This will mean downgrading working conditions and reducing pensions, wages and leave; that is the message the Conservative government is sending today. This will leave scars on CP workers, and the problems that are not resolved will resurface with even more resentment, even more acrimony, because people will be frustrated. Forcing people back to work is never a good solution for the medium or long term. The government should have let the parties negotiate freely. The bargaining had not been going on for years. This strike is not very old.

The minister did not even wait 24 hours to issue her threat and hoist her sword of Damocles over the heads of Canadian Pacific workers. That is not a responsible way to behave. For once, we would have agreed with the Conservatives government's tendency to do nothing, to let the two parties continue negotiating. The government could have let the two parties—on the one hand, a strong union representing hundreds, thousands of workers, and on the other, a company just as strong, important to the country and profitable, which is a good thing—reach an agreement. Still, given that the company is profitable, it should treat its workers well because they are entitled to their fair share.

Another issue that this bill raises—and this has come up over and over again in the House over the past year or more—is the fact that just as this government seems driven to attack workers' rights and working conditions, so it seems driven to silence MPs.

The motion we are debating here today is basically another gag order, because it sets out very specific guidelines for the discussions and because the government does not appear very willing to listen. I will read the motion:

(a) the said bill may be read twice or thrice in one sitting;

(b) not more than two hours shall be allotted for the consideration of the second reading stage of the said bill, following the adoption of this order;

(c) when the bill has been read a second time, it shall be referred to a Committee of the Whole;

(d) any division requested in the committee shall be deferred until the end of the committee's consideration of the bill;

(e) not more than one hour shall be allotted for the consideration of the Committee of the Whole stage of the said bill;

Wow, one hour.

There are 308 members in this House, all parties combined. I do not have a calculator, but if we divide one hour by 308 members, that does not allow much time for everyone to speak, although when we are in Committee of the Whole, we should be able to propose amendments to the minister's bill.

Thus, at second reading, two hours of debate will be allowed, but during the Committee of the Whole, only one hour is granted. The motion continues:

(f) not more than one half hour shall be allotted for the consideration of the third reading stage...

It is a good thing we do not have a fourth reading, for it would get only 15 minutes, since the Conservatives are cutting the time in half each time.

Canadians and Quebeckers are starting to get a little tired of the government’s arrogant and condescending attitude, because we are seeing the gag being used repeatedly in this House. We have seen it several times. If my calculations are correct, today is the 21st gag in a year. That is a record I would not be proud of if I were a Conservative member, because it is an infringement of members’ freedom to speak to bills as fundamental as those.

We have seen this with other bills. Debate on Bill C-38, a bill that amends 69 acts and is 450 pages long, was gagged. That bill will therefore be considered by only one committee, the Standing Committee on Finance. In Bill C-38, the government is amending a lot of things and attacking a lot of rights. One third of the Act to implement certain provisions of the budget relates to environmental assessments. As they say, the connection escapes me. The bill also amends the Fisheries Act and fish habitat provisions. That is going to be considered by the Standing Committee on Finance. I imagine that the Standing Committee on Finance has invited a lot of fish habitat experts—or at least I hope it has—because that is a consequence of this bill.

Why is the government refusing to listen to parliamentarians, to members? Because it does not want to hear the amendments; it does not want to have suggestions; it does not want to agree to amendments; it does not like opposition; it does not like democracy; it does not like debate; it does not like discussion. One thing is clear: to the Conservative government, democracy means 35 days every four years.

We know that once the election is over, if we happen to have the misfortune of getting a Conservative majority government, it has no further need to listen to anyone and it does what it likes.

Excuse me, but that is not a healthy, living democracy. There has to be dialogue with the public, with the people. There has to be discussion with colleagues in Parliament. Unfortunately, we have a government that has a closed mind and even gags its own members, who might like to speak occasionally, but have to close ranks.

Recently, we had a few examples of someone who dared to think for themself, dared to use their critical thinking skills and say that it was perhaps a little extreme to impose a gag for a 450-page-long bill with consequences for a multitude of issues and subjects. But they were immediately brought to heel. Bam.

On the opposition side, perhaps we would also like to hear what the Conservative members have to say, what they are talking about, what they think. Do they think it is healthy in a democracy to have a bill of this kind shoved down the throats of parliamentarians—on which they are unable to express their views?

Unfortunately, the special back-to-work legislation is another demonstration of this. We have a government that will not take responsibility when workers lose their jobs. It says that nothing can be done; these are market forces at work; and it is really sad.

I really liked it when the Minister of Transport expressed his sympathy and his sadness about the 2,400 Aveos workers, even though the Air Canada Public Participation Act had provisions forcing it to maintain jobs, primarily in Montreal as well as other cities across the country. Now the minister is refusing to enforce it because Air Canada created a subcontractor, Aveos. Because of that, the legislation does not apply anymore and the government can wash its hands of the whole thing.

When that is the issue, the Conservatives sit on their hands and do absolutely nothing. However, when it is a question of people exercising their right to freedom of association, freedom of expression, to use pressure tactics and a possible strike, then, what does the government do? It does what it did before. It brings out the big guns and boom. It tells people to get back into line and go back to work, because it does not want any repercussions. The company is doing well, but it does not have to make any concessions. It is always the same ones who have to make concessions; it is always the workers who have to compromise their working conditions and their living conditions. For us in the NDP, the official opposition, this is not a fair and equitable standpoint. This is not the kind of society we want to live in. Why can they not simply let the parties express themselves and give free reign to the balance in union-management relations that we have found in this country? The collective agreement with CP had not expired very long ago and, before the government got involved, the negotiations were going well. The company is profitable and is able to talk with its employees. However, with the threat of special legislation hanging over them, I say again, the Minister of Labour has destroyed that balance and unfortunately given the advantage to just one side, the management side.

The official opposition—the NDP—is incensed and opposes this bill that attacks workers' rights. We are starting to get fed up with the attitude of this government, which gives tax breaks to big corporations that do not need them and does nothing to help people who have trouble paying their bills and providing for their day-to-day needs. That will be the fate of the CP workers if this bill passes and their pensions are affected and reduced in this way, as is expected. We are anxious to see what exactly is in the bill because we do not yet know what it contains. Will the government impose arbitration? Will it side with the employer? We are anxious to find out. We would have liked the Minister of Labour to introduce her bill today, but she does not seem to have the courage to do so.

I will close by simply saying that the official opposition vehemently opposes a special bill that forces workers to return to work, attacks their fundamental rights and worsens the working and living conditions of thousands of Canadians. It is unacceptable and we condemn it.

May 17th, 2012 / 8:45 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

I welcome you here today.

You are probably aware of the U.S. Steel purchase of Stelco in Hamilton and the complicating factors that occurred in that particular situation. The promise was that certain levels of employment would be kept, and that didn't happen. There was a court case. The government ultimately seemed to collapse in the court case. I'd have to know more detail to really prejudge that one. But for the people involved in that, it was the fact that they couldn't access the terms of the deal, that the government wouldn't release them to them so that workers would have an understanding. In fact they got a copy of the deal because of a lawsuit in New York State.

In 2010 Parliament voted unanimously on an NDP motion identifying some of the serious problems relative to the Investment Canada Act. I would suggest, and I'm not asking you for a political commentary here, that the government, by voting with the opposition, at least gave the impression that it was committing to in due course make some changes to the investment act, and we don't see them here in Bill C-38. They certainly don't live up to the promise that we thought would be there.

Do you have any thoughts as to why there are no specific amendments that would address the situation the government was in during that particular deal and also to allow for public hearings to allow input from people? The minister is making the determination of the value to Canada, but you would think that part of that might involve hearing from the people involved.

If you could, answer please.

May 17th, 2012 / 8:15 p.m.
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Neil Bouwer Vice-President, Policy and Programs, Canadian Food Inspection Agency

Thank you, Mr. Chair.

I'm here today to describe the amendments to the Seeds Act proposed in Bill C-38, the Act to implement the budget.

First, I would like to say that these amendments will in no way reduce the effectiveness of Canada's food safety assurance system.

In general, the amendments would provide the legal authority to license private persons to carry out seed crop inspections in support of Canada's seed certification program. The amendments would also provide the legal authority for the Canadian Food Inspection Agency oversight of these persons. This would apply only to non-safety aspects of inspection. The Canadian Food Inspection Agency will not use private persons to fulfill any of its safety-related functions.

I'm prepared to go through clause by clause, if you wish, Mr. Chair, or, as has been the practice, I can just pause there and take questions.

May 17th, 2012 / 7 p.m.
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Dominique La Salle Director General, Seniors and Pensions Policy Secretariat, Department of Human Resources and Skills Development

My name is Dominique La Salle—

I am Director General of Seniors and Pensions at HRSD.

—at HRSDC.

We are honoured to be with you this evening. I am here with some colleagues, Nathalie Martel, who is Director of Old Age Security Policy,

Ms. Annette Vermaeten, who is the director of the OAS task force; and Mr. Bruno Rodrigue, who is the chief of income security at the Department of Finance.

I will begin with a quick overview of the provisions under division 24, part IV, of Bill C-38, specifically clauses 445 to 467 of the bill, which amend sections of the Old Age Security Act.

This concerns three initiatives.

The first concerns the increase in the age of eligibility for Old Age Security.

Starting in April 2023 the age of eligibility for the OAS pension is proposed to be gradually increased by two years, from age 65 to age 67. In addition, the eligibility age for the allowances would be increased from age 60 to age 64, and be moved to age 62 to age 66 in parallel.

This age increase is being proposed with many years of advance notice to provide adequate time for Canadians to adjust. The change is preceded by an 11-year notification period, from now until April 2023. The actual change in the age of eligibility will then be phased in over a period of six years, from April 2023 to January 2029. The eligibility age will be increased by one month every three month—thus on a quarterly basis.

The change to the age of eligibility for the OAS program will not affect current seniors. Anyone aged 54 or older as of March 31, 2012, will not be impacted by the age increase. The government has announced that it would adjust programs under federal jurisdiction, since some programs use age 65 as a trigger for benefits. Such programs exist at Aboriginal and Northern Affairs Canada and at Veterans Affairs.

The government will also work with provinces and territories to fill the gap that this change would create for the Canada pension plan disability benefits and survivors' pensions. Finally, the government has committed to compensating provinces and territories for any net additional costs they may face resulting from the increase in the age of eligibility for OAS benefits.

The second initiative is voluntary deferral for Old Age Security pensions.

Starting in July 2013, a voluntary deferral for OAS pensions is proposed for introduction. This will provide eligible Canadians the option of deferring their take-up of their OAS pensions by up to five years past the age of eligibility, and for them to subsequently receive a higher actuarially adjusted pension. The voluntary deferral of the OAS pension will be available between the ages of 65 and 70, until the age of eligibility is increased, at which point it will start moving and gradually reach age 67 to 72 in parallel with the increase. The actuarial adjustment to the OAS benefit will be 0.6% per month, or 7.2% for a full year of deferral. Over five years, the maximum increase to the OAS benefit would be 36%, which would be paid to recipients for the rest of their lives and be fully indexed to the consumer price index, as are all OAS benefits.

Lastly, the third initiative concerns what is called proactive enrolment.

This initiative will allow the Minister of HRSDC to waive the requirement for an application, thus allowing for the introduction of automatic enrolment of seniors where the department has sufficient information to satisfy its integrity requirement. Where the available information is not deemed sufficient to automatically enrol a senior, the available information will be used to pre-fill the application form. We refer to this as a streamlined application process, which will make it easier for seniors to apply for the OAS benefit. This initiative will be implemented over a period of four years, beginning in 2013, and be fully in place in 2016.

Mr. Chair, that concludes my introduction.

If you wish, my colleague Ms. Martel can briefly explain the most important sections, the most important clauses.

or the more salient clauses involved.

The EnvironmentAdjournment Proceedings

May 17th, 2012 / 6:45 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Madam Speaker, while the Conservative government has an abysmal record on attacking climate change, it is trying to take credit for what the provinces have been doing. We know that in my home province, the provincial government has taken various efforts to try to reduce its greenhouse gases.

While the government has an abysmal record, it is trying to take credit for work that it did not do. The parliamentary secretary also mentioned the Sustainable Development Technology Canada program, which it cut in this budget.

We are missing out on an occasion to participate in the $1 trillion global green technology market.

Despite what my hon. colleague said, budget 2012 and Bill C-38 are two more measures that prove that the Conservative government does not care about the environment.

First of all, Bill C-38 confirms the repeal of the Kyoto Protocol Implementation Act. Then, it eliminates the National Round Table on the Environment and the Economy, an organization that advises the government on sustainable development. Initially, the minister said that the organization was being abolished because the unique research it did was available on the Internet. However, the government recently admitted that it had been embarrassed by the organization, which was a thorn in the government's side—

Protecting Canada's Immigration System ActGovernment Orders

May 17th, 2012 / 3:45 p.m.
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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I thank the member for participating in the debate. I think she is misinformed in a number of respects, one of which is the suggestion that Roma asylum claimants are not being fairly considered by our refugee system. Nothing could be further from the truth.

Under the current system and the system proposed by Bill C-38, claimants from whatever country of origin, ethnicity or cultural or racial background will all have the same access to the same fair and independent quasi-judicial process on the merits of their claim before an independent decision-maker of the quasi-judicial IRB in a manner that is consistent with natural justice and due process and that exceeds the requirements of the Charter of Rights and Freedoms and the 1951 refugee convention.

The member raises the notion that somehow there is a negative prejudice associated with asylum claims from European Roma. I have certainly done nothing to suggest such a negative prejudice. However, what I have done is comment on the objective mathematical fact that since we granted visa exemptions for several European countries in 2007 and 2008, some 95% of the European asylum claimants have not shown up for their own refugee hearing at the IRB and have abandoned or withdrawn their own claims. Of the tiny fraction that went to adjudication, only a tiny fraction of those were deemed to actually be well-founded asylum claims.

Is the member not concerned to see such a large wave of demonstrably unfounded asylum claimants in our system, not based on my opinion but on the actions of the claimants themselves?

May 17th, 2012 / 3:40 p.m.
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Conservative

The Chair Conservative James Rajotte

I don't have any other colleagues on the list, so I'll thank Mr. Campbell very much for presenting to us today.

We will bring forward officials for division 14, Canada Health Act. For colleagues' information, that's on page 281 of Bill C-38.

Welcome to the committee. Thank you for joining us this afternoon. We'd appreciate it if you had an opening statement, an overview, then we'll have questions from members.

Thank you.

May 17th, 2012 / 3:30 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting to order. This is the 61st meeting of the Standing Committee on Finance. We are televised today. Our orders of the day are pursuant to the order of reference of Monday, May 14, 2012. We are studying Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012, and other measures.

Colleagues, we are on part 4, division 13, which deals with the Bretton Woods and Related Agreements Act.

We have with us Mr. Campbell, from the Department of Finance.

Mr. Campbell, I'll let you give an overview of this division, and then we'll have questions from members.

Business of the HouseOral Questions

May 17th, 2012 / 3:15 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, first, arising out of questions of decorum, I am a believer that anything we do to elevate decorum here is a positive thing. I encourage him. For example, one of his members today, in a question, referred to a minister as being responsible for the department of propaganda. That is an example of what we consider to be the inappropriate kind of thing we hear from the opposition all the time.

We are very interested in seeing this Parliament function and making decisions. We have been happy to see that happening on the budget, with the longest ever debate on a budget bill probably in Canadian history. We were happy to facilitate that through the rules. We will continue to ensure that we have broad and thorough debate here, but that we also make decisions so we avoid going down the path that others would like to go, to see us go down the path that we see Greece going down and places like the United States, where they have not had a vote in the senate on a budget bill since April 29, 2009. We do not want to have that kind of indecision and crippling of our economy. However, we are moving forward.

The government's top priority is the economy. On Monday night, as scheduled weeks ago, the House passed Bill C-38, the Jobs, Growth and Long-term Prosperity Act, at second reading, bringing us one step closer to balancing the budget and assuring the responsible development of our resources.

The bill, which implements economic action plan 2012, is now with the Standing Committee on Finance and a subcommittee for detailed study by those two bodies.

As a result of the extensive debate we ensured for this bill, even the deputy leader of the NDP described it yesterday in the House as “being studied more than any other budget bill.”

Just so my friend understood this clearly, it was his own deputy leader who described the bill in the House yesterday as having been “studied more than any other budget bill”. That demonstrates our commitment to full debate in this House.

This afternoon, we will continue report stage for Bill C-31, the protecting Canada's immigration system act. This bill needs to become law before the end of June, so we will resume debate on the immigration bill on Tuesday, May 29, after the House returns from its upcoming constituency week.

Tomorrow the House will have an opposition day when we will debate an NDP motion.

On Monday, May 28, the House will have third reading of Bill C-11, the copyright modernization act which would help our creative and digital economy. After years of thorough study and debate in this chamber, the members of the other place will finally have a chance to consider this important economic legislation.

May 30 shall be the fifth allotted day, which I believe will see a Liberal motion debated. Finally, May 31 shall be the sixth allotted day, which will go to the New Democrats.

The BudgetStatements by Members

May 17th, 2012 / 2:05 p.m.
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NDP

Claude Patry NDP Jonquière—Alma, QC

Mr. Speaker, as a member of Parliament, it is my duty here today to denounce Bill C-38 as an affront to democracy.

This bill shows contempt for Canadians. Logically, this bill should be divided into six separate parts and each of those parts should be studied in a parliamentary committee.

Worse still, this bill further reinforces Canadians' distrust, as they no longer have any confidence in the Conservative government.

As parliamentarians, are we going to be forced to ask people to take to the streets to defend democracy? I am beginning to wonder if that is the only solution.

Is there not some way for us to work together in a positive manner, regardless of our political affiliation, in order to get results for Canadians and communities, and to make more compassionate decisions that reflect the wishes of the people we represent?

Arrogance always has its price. If the government goes ahead with Bill C-38, Canadians will remember in 2015.

May 17th, 2012 / 12:30 p.m.
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C/Supt Joe Oliver

I believe the Senate committee has studied this on two occasions: in relation to Bill S-13, and most recently in relation to the pre-study they are doing for Bill C-38.

May 17th, 2012 / 11:30 a.m.
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Conservative

The Chair Conservative James Rajotte

I'll call this meeting back to order. This is the 60th meeting of the Standing Committee on Finance. We are continuing our study of Bill C-38 and we are in part 4 at division 8, “Social Insurance Number Cards”.

I want to welcome Mr. Boyd to the committee and ask him if he can give us an overview of his division, and then we'll have some questions from members.

May 17th, 2012 / 10:15 a.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Thank you, and welcome, Mr. Macdonald. I appreciate you being here.

I'm going to have a couple of comments, and it's not necessarily a question directed to you, so don't feel you have to jump in. I will get more specific at the bottom.

When we look at this action, one has to wonder why the Conservative government is changing the Constitution in these three territories to in fact increase control over the financial affairs of the territories, without public consultation, by putting it through Parliament in Bill C-38. I said yesterday, when I was starting off prematurely, that it strikes me as not being consistent with the government statements that the fourth pillar of their northern policy is improving and devolving northern governance. In fact, the territories, from what I understand, are on record requesting the elimination of borrowing limit provisions. So, again, one might wonder why the Conservative government won't give the territories the same type of respect that they give to the provinces.

To my mind, these changes increase almost a colonial-style governance and control over the territories, and I'm left to wonder why the government won't accord the northerners the same kind of respect they do other provinces in the formation of this and the planning of this.

Was there a financial problem, a financial risk, or something that generated this, that you know of?

May 17th, 2012 / 9:50 a.m.
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Conservative

Randy Kamp Conservative Pitt Meadows—Maple Ridge—Mission, BC

On a point of order, Mr. Chair, it's my understanding that the terms of reference for this committee were to look at part 3 changes in Bill C-38. I believe that's in part 4.

May 17th, 2012 / 9:40 a.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

But if these proposed changes in Bill C-38 weren't enacted, what's the concern that PPP Canada could be considered an agent of the crown for any of these activities...?

What do these changes accomplish from PPP Canada's perspective?

May 17th, 2012 / 9:35 a.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting to order. This is the 60th meeting of the Standing Committee on Finance. We are being televised.

Our orders of the day are pursuant to the order of reference of Monday, May 14, 2012. We are studying Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Colleagues, as you recall, last night we were still discussing part 4 of Bill C-38. This morning we are starting with division 3. Division 3 deals with PPP Canada Inc.

We have two officials with us here this morning for this division. We want to welcome them to the committee.

If either or both of you have an opening statement or an overview of this division, please go ahead, and then we'll have questions from members.

May 17th, 2012 / 9:25 a.m.
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Conservative

Randy Kamp Conservative Pitt Meadows—Maple Ridge—Mission, BC

Thank you, Mr. Chair.

Thank you, Ministers, for appearing.

Let me start by thanking you for your work on behalf of Canadians. I know it's not an easy job.

Minister Oliver and Minister Kent, you can relax for the next seven minutes or so because I'll be directing my questions to Minister Ashfield.

Let's start with what we do know, and that is that Canada's constitutional documents provide that the jurisdiction for seacoast and inland fisheries falls under the federal government. By way of your appointment as Minister of Fisheries and Oceans, it's your job to manage those seacoast and inland fisheries.

We've had a Fisheries Act for most of the time since Confederation. I think the bulk of it was written in 1868. The obvious question that occurs to me is, why change that? Or, to ask it another way, what frustrations have you and your officials experienced in your obligations to manage seacoast and inland fisheries, and how do the amendments that are proposed in Bill C-38 help you to better manage fisheries in Canada?

May 17th, 2012 / 9:05 a.m.
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Thornhill Ontario

Conservative

Peter Kent ConservativeMinister of the Environment

Thank you.

Good morning, honourable members.

Mr. Chair, I am pleased to be here this morning as you commence your study of Bill C-38. I will focus my remarks on proposals for a new Canadian Environmental Assessment Act, as well as important changes to the Species at Risk Act and the Canadian Environmental Protection Act, 1999.

Some comments during the debate about this bill have emphasized the proposal to repeal the current Canadian Environmental Assessment Act. This is not accurate. The current act will be repealed and, I must emphasize, replaced with the proposals in Bill C-38 for new and effective environmental assessment legislation.

Environmental assessment is a key part of my portfolio. It's an important part of the government's plan to strengthen environmental protection today and for the benefit of future generations of Canadians.

This is why we have protected funding for the Canadian Environmental Assessment Agency at a time of fiscal restraint. Despite what the media has reported, there are no cuts to the agency's funding. In fact, the agency's budget will increase by $1.5 million.

Sufficient and stable funding, when combined with the amendments two years ago to the Canadian Environmental Assessment Act, have laid the foundation for the fundamental changes proposed by Bill C-38. These changes will make the process more predictable and timely, reduce duplication, strengthen environmental protection, and enable meaningful consultation with aboriginal peoples.

As my colleague, the Minister of Natural Resources, has pointed out, these are the four pillars of responsible resource development. Some may erroneously view these as conflicting objectives. I do not. They are at the heart of Bill C-38 and the new environmental assessment process. I'm confident that Canadians will benefit from timely, high-quality environmental assessments that avoid duplication and needless double effort with provinces.

Bill C-38 will strengthen protection of our environment. With the time available I want to provide members of the committee with some of the highlights.

First, I've spoken in the House and elsewhere about the importance of enforcement. Bill C-38 builds on the past work of this government. This issue first came to the forefront through Budget 2008, which stated that:

Environmental laws alone are not enough to guarantee a cleaner, better environment. These laws also need to be enforced.

My predecessor followed through with the Environmental Enforcement Act that was passed by Parliament in 2009.

Bill C-38 builds on this excellent legislation by closing the enforcement gap for environmental assessment. The new Canadian Environmental Assessment Act creates a decision statement that will include enforceable conditions. These conditions are backed up by inspection powers to confirm that mitigation measures are being implemented. There are penalties ranging from $100,000 to $400,000 for violations.

Legislation is just part of the solution. The government has permanently increased resources to environmental enforcement by $21 million annually to ensure that we have the officers, the equipment, the forensic science, and the tools to do the job.

Today, there are 50% more enforcement officers than there were just five years ago. They are stationed in offices across the country. They are working in the fields to detect those who violate our environmental legislation, and take action against them.

These officers will be able to inspect and take action on violations of the Canadian Environmental Assessment Act. These new enforcement provisions are complemented by a requirement for a follow-up program after each and every environmental assessment. These programs verify the accuracy of an environmental assessment's predictions and determine whether mitigation measures are working as intended.

This is the way we will identify environmental results. It's also a means to learn and build on past successes and avoid past mistakes. It is a means to improve the practice of environmental assessment.

The bill also includes new authority for the Minister of the Environment to launch regional environmental assessments in cooperation with other jurisdictions.

Currently, the act is restricted to a single-project focus. It is a challenge to assess cumulative effects of multiple projects and activities in a region experiencing significant development. The requirement to assess cumulative effects is nevertheless carried out from the current act—it is carried over, rather, from the current act. It is an essential part of the federal regime.

What we are proposing to add, Mr. Chair, is a new tool for regional studies to deal with the issue of cumulative effects. The Minister of the Environment will have authority to establish an independent committee of experts to conduct a regional strategic environmental assessment in cooperation with another jurisdiction. The results of these studies can feed into the assessment of specific projects, and the gains therefore would be twofold.

First, we will have a deeper understanding of the ecosystem involved. This will translate into better environmental assessments and approaches to mitigation. Second, by doing much of the upfront scientific work, regional studies will streamline project-specific reviews.

Mr. Chairman, once again, the conclusion is clear. We are proposing changes that support the four pillars of responsible resource development.

With regional studies, we have a tool that will promote timely and predictable project reviews. We will gain information that strengthens environmental protection. By working with the provinces, we avoid duplication. Finally, such studies provide an opportunity for aboriginal peoples to make their concerns known, thus informing later consultations with respect to specific projects.

Mr. Chair, there has been much talk and great exaggeration and misrepresentation about the changes to environmental assessments under the responsible resource development initiative. I've brought forward some facts to correct the record.

First, and most important, the Canadian Environmental Assessment Agency's budget is not being cut. Second, with new enforcement provisions, mandatory follow-up programs, and a new tool for regional studies, we are enhancing—not gutting, as some would perceive—federal environmental assessment.

Mr. Chairman, I'd now like to speak about aboriginal consultations.

The environmental assessment process is uniquely situated to assist the Government of Canada with its constitutional duty to consult and, where appropriate, accommodate aboriginal groups when their rights might be adversely affected by a proposed project.

Environmental assessment, Mr. Chair, starts early in the planning of a project, when it is still possible to design changes to reduce impacts. Changes to the environment that affect aboriginal peoples, including their current use of the land and resources for traditional purposes, are one of the “environmental effects” specifically referred to in this bill. There are also logical points in the process to directly obtain input from aboriginal groups to learn of their concerns and to develop means to avoid or reduce negative effects.

For these reasons, the government will continue to integrate, to the extent possible, aboriginal consultations into the environmental assessment process.

Budget 2012, Mr. Chair, provides the Canadian Environmental Assessment Agency with $6.8 million per year to support consultations with aboriginal peoples. Of this, $5.3 million is a renewal of funding first provided in 2007, and it is now being topped up by a further $1.5 million in new money.

While the exact allocation of all these resources is still being determined, I can say that a significant portion will go directly to aboriginal groups involved in consultations. The remainder will be provided to the agency to support its involvement in consultation activities.

Mr. Chair, I want to assure all members of this committee that the federal government takes its responsibilities very seriously. This is why enhancing consultations with aboriginal peoples is one of the pillars of the responsible resource development initiative. Agency staff and review panels are engaging, and will continue to directly engage, aboriginal peoples in their communities.

As part of the responsible resource development plan, the government is also proposing some changes to the Species at Risk Act and to the disposal at sea provisions of the Canadian Environmental Protection Act, 1999. These changes allow legally binding timelines for permitting decisions to be set in regulations.

Amendments to the disposal at sea permitting process will also allow for permit renewals for routine, low-risk projects. They will change requirements to allow publication on the CEPA registry website, rather than in the Canada Gazette. This will create a more efficient and transparent process for issuing permits.

The Species at Risk Act amendments allow for longer-term permits and make the conditions for these permits enforceable. These changes will support effective protection of listed species, while allowing the government to issue authorizations for a time period better suited to large projects.

In closing, I wish all members of the committee well as they embark on this important study of the proposed Canadian Environmental Assessment Act, 2012.

Thank you.

May 17th, 2012 / 9 a.m.
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Conservative

Joe Oliver Conservative Eglinton—Lawrence, ON

Thank you.

I want to thank you for the opportunity to meet with the finance subcommittee with respect to responsible resource development. Accompanying me are the Hon. Peter Kent, Minister of the Environment, and the Hon. Keith Ashfield, Minister of Fisheries and Oceans.

We will all speak briefly about our shared interests in Bill C-38 before taking questions from the members.

Mr. Chair, members of the subcommittee, our government's top priority has always been to support jobs and growth and to sustain Canada's economy. Since we introduced the economic action plan to respond to the global recession, Canada has recovered more than all of the output and all the jobs lost during the recession. Since 2009, employment has increased by more than 750,000 jobs and is now more than 260,000 above its pre-recession peak. It's the strongest job growth among G-7 countries.

Natural resources have always been the foundation of Canada's economy, and that remains the case today.

Canada's natural resource sectors employ 760,000 Canadians. Furthermore, the resources sectors generate billions of dollars worth of tax revenue and royalties annually, helping to pay for government programs and services for Canadians.

Our resource strength is set to continue to expand well into the future. We currently estimate that over the next decade there is the potential for well over 500 new projects and over $500 billion in investments across the country in the energy and mining sectors alone. These projects will create an estimated 700,000 jobs and will contribute substantially to our country's economic prosperity. In fact, the numbers are growing as new opportunities are identified.

There have been suggestions that resource development only helps the west while hurting the east. This is inaccurate and divisive. Resource development, mining, forestry, and energy projects are happening across Canada, and they're helping every provincial economy.

In British Columbia they are rapidly pursuing the export of liquid natural gas, and three projects are moving forward.

In Alberta the oil sands are creating benefits across Canada, including Ontario's manufacturing sector.

In Saskatchewan they are increasingly pursuing their oil resources and potash, as well as uranium.

Manitoba has large hydroelectric installations that are providing cheap and clean energy.

Ontario is looking at the development of the Ring of Fire, a massive mineral deposit that has billions of dollars in potential.

Quebec, which has long been a mining and energy giant, is moving forward with their Plan Nord which would provide massive benefits to the Quebec government and each of its citizens.

New Brunswick has large forestry resources. Nova Scotia has offshore gas development. P.E.I. is investing in wind. Of course, Newfoundland and Labrador has benefited greatly from their offshore oil fields.

Last but not least is the north and its territories, which are largely untapped. The extent of their resource wealth is not fully understood, but its potential is enormous.

Of course, this is only part of the story. The resource sector does not operate in a vacuum; mines do not appear out of thin air. They require construction, huge capital investments, materials, and machinery. They require workers in every sector of the Canadian economy, especially in our manufacturing sector.

Jayson Myers, president and CEO of Canadian Manufacturers and Exporters, strongly supports resource development precisely because it helps our manufacturing sector.

To quote:

In total, [we] estimate that energy and resource companies invested more than $85 billion in major capital projects in 2011, and [we think those investments will] double over the next three years. ... These investments...will drive new business for Canadian manufacturers in a variety of sectors ranging from equipment, structural steel, and metal fabricating to construction materials and parts suppliers. They will provide opportunities for engineering and construction companies, processing and environmental technology companies, and services ranging from accommodation, food, environmental, and resource services, through to land management, trucking, and distribution as well.

This type of investment will take place across Canada, helping all sectors of the Canadian economy. That is why it is so important to ensure that Canada has the right conditions to attract global capital in our provinces and territories. Canada must compete with other resource-rich countries around the world for these job-creating investment dollars.

This is the fundamental reason why our government is committed to modernizing Canada's regulatory system. We need to ensure timely, efficient, and effective project reviews. This will keep us competitive with the likes of Australia and other resource-producing nations. We need a system that promotes business confidence and attracts investment while strengthening our world-class environmental standards. In short, we need responsible resource development.

Here's what this new legislation will achieve:

First, it will make project reviews more predictable and timely.

Second, it will reduce unnecessary duplication and regulatory burden.

Third, it will strengthen environmental protection.

Fourth, it will enhance consultations with aboriginal peoples.

To streamline and modernize our outdated regulatory system, we will take a whole-of-government approach. We want to put in place a new system of “one project, one review” that operates within a clearly defined time period.

Canadians understand that we do not have to choose between economic development and the environment. It is not an either/or proposition. A new poll conducted by Ipsos Reid shows that two-thirds of Canadians believe it is possible to develop our economy while respecting the environment.

The fact is our new plan will strengthen environmental safeguards, including tanker and pipeline safety. For the first time, it will provide enforcement of environmental assessment conditions under the Canadian Environmental Assessment Act. It will also strengthen enforcement with monetary policies respecting the National Energy Board conditions on new pipeline projects. So our changes make sense from both an economic and an environmental perspective. We Canadians have a wonderful new opportunity before us.

There is no better time to act than right now. We have to give ourselves every chance to compete for job-creating investment dollars from fast-growing markets in Asia and elsewhere.

We also know it is absolutely necessary to develop our resources in a responsible way. Responsible resource development achieves the balance we need. We will unleash the potential of our resource sector to create jobs across Canada while ensuring that our environmental protections are strong. That is what Canadians expect, and that is what our plan delivers.

Thank you, Mr. Chairman.

May 16th, 2012 / 7:45 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

I did have to ask them a couple of things. Turning it on, I got.

Sir, when I see this government changing the constitutions of three provinces to increase federal control over the financial affairs of those territories, and that is being done without public consultation, by adding the changes to Bill C-38, it leaves me—and I'm not expecting you to respond to this part—with a sense of something that's trying to be snuck through. We have a 400-page document here.

I find it ironic, when one considers the fact that the stated fourth pillar of the government's northern policy is improving and devolving northern governments.

Do you have any further information as to why this has been enough of a priority for the government to add it to Bill C-38?

May 16th, 2012 / 6:35 p.m.
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Conservative

The Chair Conservative James Rajotte

I call this meeting back to order, the 59th meeting of the Standing Committee on Finance. We are continuing our discussion of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

We have with us here witnesses from both CRA and Finance. We want to thank them for staying with us tonight. We're on part 1; I believe we're just finishing it up.

I do have a note from Mr. McKay that he has a question.

Are there any other members at this point who want to be on the question list?

Okay, we'll start with Mr. McKay with part 1, please.

Opposition Motion--Budget LegislationBusiness of SupplyGovernment Orders

May 16th, 2012 / 4:35 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, last night I was honoured to participate in the committee of the whole regarding the environment. It was extremely unfortunate, however, that the minister kept telling parliamentarians that he did not have answers. Sometimes he simply refused to answer, even though his officials were sitting right in front of him with the information.

For example, the minister failed to answer my questions on the cost of liabilities that would arise under the new environmental assessment process, how the government compares it to the cost of liabilities under the old assessment process and whether he would table said analysis.

He failed to answer how many of the 10 ozonesonde stations would be supported under the new budget. This matters because ozone is critical life on earth and it protects us from the sun's harmful radiation.

He failed to specify what is in the budget to address the concerns of the environment commissioner.

He failed to answer whether there were any disruptions in service at the World Ozone and Ultraviolet Radiation Data Centre.

He failed to list the organizations he has accused of money laundering. These were only a few of my questions that he failed or refused to answer.

Let me provide some facts about the Conservative government's repeated failing grades on the environment. The 2008 climate change performance index ranked Canada 56th of 57 countries in terms of tackling emissions. In 2009, The Conference Board of Canada ranked Canada 15th of 17 wealthy industrialized nations on environmental performance. In 2010, Simon Fraser University ranked Canada 24th of 25 OECD nations on environmental performance. Most recently, Columbia and Yale's environmental performance index ranked Canada 102nd of 132 countries on climate change.

This profoundly sad time for the environment under the Conservatives continues. The government is now gutting 50 years of environmental oversight and threatening the health and safety of Canadians, our communities, our economy, our livelihoods and our future generations.

We need to be very clear that when the government came to power it inherited a legacy of balanced budgets but soon plunged us into deficit before the recession ever hit. It is absolutely negligent and shameful that the government would gut environmental safeguards to fast-track development rather than promote sustainable development that meets the needs of today without compromising those of the future. The government did not campaign in the last election on gutting environmental protections.

Canadians should therefore rise up, have their voices heard and stop the destruction of laws that protect the environment and health and safety of Canadians.

Maurice Strong, a prominent Canadian who spearheaded the Rio earth summit in 1992, has urged people who are concerned about the future of the environment to do an end run around the federal government. He urged grassroots groups to mobilize and make full use of social media, saying there was still time to bring the pressure of people power.

Instead of understanding the gravity of the situation and standing up for the environment, the Conservative government returns to tired talking points, trying to score political points by attacking the former Liberal leader, saying that the Liberals took no action on climate change when it knows this is absolutely false. The Liberals implemented project green, which would have taken us 80% of the way to meeting our Kyoto targets. The Conservatives killed project green, reduced our greenhouse gas emission targets by an astonishing 90%, spent over $9 billion of taxpayers' hard-earned money and achieved little, walked away from Kyoto, are in the process of repealing the Kyoto Protocol Implementation Act, and continue to ignore the fact that failing to take action on climate change will cost Canadians $21 billion to $43 billion annually by 2050.

Last week the environment commissioner reported what we have known for a very long time, that the government is not on track to make its 2020 emissions targets. Environment Canada's own forecast shows that in 2020 Canada's emissions will be 7% above 2005 levels, not the promised 17% below.

The so-called law and order government has yet again violated the rule of law. According to the environment commissioner, the federal government did not comply with the Kyoto Protocol Implementation Act passed by Parliament in 2007. Does the minister think it is okay to break the law, and going forward, what accountability measures would he put in place to ensure transparency when reporting greenhouse gas emissions to Canadians?

Maurice Strong says that the government may be totally negative when it comes to being a constructive force in mitigating climate change. For example, the Parliamentary Secretary to the Minister of the Environment continues to rail against Kyoto. Is she aware, however, that her own minister has, for the second time, said that Kyoto was a good idea in its time? He first said it to The Huffington Post and he has now said it to the BBC.

Dr. Gro Harlem Brundtland, Norway's former prime minister and the former chair of the World Commission on Environment and Development and former director general of the World Health Organization, recently said that Canada was moving backward on the issue of climate change and warned Canada not to be naive on the issue. She recently told delegates in Canada that despite the weaknesses of the Kyoto protocol, the world could not afford to push it aside without an alternative, as emissions are continually rising.

When questioned about the link between human activity and climate change, she said, “Politicians and others that question the science, that's not the right thing to do. We have to base ourselves on evidence.”

When will the minister deliver the plans and regulations for the six remaining sectors, and particularly for one of the most important sectors, the oil and gas industry, as the oil sands are the fastest-growing source of emissions in Canada?

Last night I asked the minister how many of Environment Canada's climate impacts adaptation group, many of them Nobel prize-winning scientists, would be supported to undertake adaptation work for Canada, as the cost of adaptation will, once again, be $21 billion to $43 billion annually by 2050. I was asked to repeat the question.

On asking the question a third time, I received the ridiculous answer that the adaptation research group is, like climate change, an evolving organization.

While the Conservatives claim a balanced approach to protecting the environment and promoting economic growth, when has the parliamentary secretary or the minister actually ever stood up for the environment? Was it through cuts to Environment Canada, cuts to the Canadian Environmental Assessment Agency, or cuts to ozone monitoring?

The list of cuts goes on and on.

Canadians should not be fooled by mere snippets of environmental protection but should pay attention to the government's budget reductions to Environment Canada and to other investments on environmental protection and research by hundreds of millions of dollars, while maintaining several tax incentives for the oil and gas sector that the Minister of Finance's department recommended eliminating in his secret memo.

After we vote against this kitchen sink budget, a budget that devotes 150 of its 425 pages to environmental gutting, the Conservative government will stand and say that the opposition voted against some good things for the environment. However, the government gives us absolutely no choice, as we simply cannot vote for the wholesale destruction of environmental legislation and 50 years of safeguards.

If the parliamentary secretary, the Minister of the Environment and the Minister of Natural Resources really believe that Bill C-38, the kitchen sink bill, is good for the environment, they should have the courage to hive off the sections on environmental protection, send them to the relevant committees for clause-by-clause study under public scrutiny and end the affront to democracy.

I have a list of cuts to Environment Canada and just some of the changes on the environment to be found in Bill C-38.

There are cuts of 200 positions at Environment Canada.

Last summer the government announced cuts of 700 positions and a 43% cut to the Canadian Environmental Assessment Agency.

There are cuts to research and monitoring initiatives, air pollution, industrial emissions, water equality, waste water and partnerships for a greener economy. There are cuts of $3.8 million for emergency disaster response.

As well, the government is consolidating the unit that responds to oil spill emergencies to central Canada, namely Gatineau and Montreal, far from where emergencies, including those involving diluted bitumen, might occur on the Pacific and Atlantic coasts and along the proposed route of the northern gateway pipeline project.

What are the numbers and percentages of the slashes to the new central Canada unit that will have to respond to oil spill emergencies? When will the minister table the scientific analysis that backs up his claims that there will be no negative impact?

Last week Environment Canada released its report on plans and priorities, signed by the minister. I will quote from the report:

Skills: Due to transition alignment challenges, the Department risks being unable to stay current with advances in science and technology. In addition...knowledge required to support programs and internal services could pose difficulties...

Environment Canada is a science-based department. The above passage suggests the government is doing Environment Canada serious damage. The minister has previously misled Canadians by saying there would be no compromise of programs.

Given the recognition that there is a problem at Environment Canada, I would like to know what new funds the Minister of the Environment has specifically allocated to bring his department up to date with advances in science and technology in order to protect the environment, the health and safety of Canadians, and evidence-based decision making.

The government has repealed the Kyoto Protocol Implementation Act. It has repealed the Canadian Environmental Assessment Act, which allows the federal government to avoid environmental reviews of many potentially harmful projects and to do less comprehensive reviews when they do occur.

Canada's environment commissioner says that the changes are among the most significant policy development in 30 or 40 years and that there will be a significant narrowing of public participation.

The Minister of Natural Resources complains:

Unfortunately, our inefficient, duplicative and unpredictable regulatory system is an impediment. It is complex, slow-moving and wasteful. It subjects major projects to unpredictable and potentially endless delays.

but Premier Jean Charest says:

In Quebec, we've very well mastered the ability of doing joint assessments.... I have learned, through my experiences, that trying to short circuit to reduce the process will only make it longer, and it is better to have a rigorous, solid process. It gives a better outcome, and for those who are promoting projects, it will give them more predictability than if not.

There are more changes: the weakening of several environmental laws, including species at risk and water; the near-elimination of fish habitat in the Fisheries Act, putting species from coast to coast to coast at increased risk of habitat flaws and population decline; placing the authority of the federal cabinet to approve new pipeline projects above the National Energy Board; and the elimination of the National Round Table on the Environment and the Economy, the independent think tank with a direct mandate from Parliament.

The Minister of the Environment has never said what will replace it, despite my asking twice in Parliament. The head of NRT does not know either, as what it does is unique.

This week the Minister of Foreign Affairs said the closure of the round table had more to do with the content of the research itself, namely promotion of a carbon tax as a means of addressing climate change. He said:

Why should taxpayers have to pay for more than 10 reports promoting a carbon tax, something which the people of Canada have repeatedly rejected?

The Minister of Foreign Affairs confirms what we have known for a very long time, namely that the government puts ideology above evidence.

The NRT issued economic and science-based reports, which did not agree with Conservative ideology. The national round table has been a well-respected, unbiased, independent organization for over two decades. It was started by the Mulroney government, our present Governor General was its founding chair and the government should know how important it is.

The foreign minister's remarks two days ago had nothing to do with the carbon tax—after all, the Prime Minister himself has promised a price on carbon of $65 per tonne by 2016 to 2018—but were the government's attempt to change the channel, as it was coming under harsh criticism for gutting environmental protection. It was also the government's attempt to silence its critics. The government is practising 1940s-style McCarthyism: shut down any independent voice, and bully and intimidate those who cannot be shut down.

We are also seeing the silencing of government critics through changes to the Canada Revenue Agency and the attempts to seize control of the university research agenda. The government should be able to stand on its own merits and should be able to withstand criticism, but instead of making its arguments, it is just looking to eliminate dissent.

The criticism of Bill C-38 is extensive. For example, the Ottawa Citizen reports, under the heading “Something's fishy with Bill C-38...”:

There was no need for great chunks of legislation to be retrofitted into a 420-page omnibus budget bill that looks to have been intended to confound every effort by the House of Commons to scrutinize its contents intelligently.

Under the heading “Omnibus bill threatens fish...”, The Vancouver Sun reported:

A new front in the battle against the federal government's omnibus budget bill opened up Monday when B.C. Conservative Party leader John Cummins sent a letter to [the] Prime Minister...warning of major threats to fishing communities and the environment if major Fisheries Act amendments are passed.

For decades, Canadians have depended on the federal government to safeguard our families and nature from pollution, toxic contamination and other environmental problems through a safety net of environmental laws. This bill shreds this environmental safety net to fast-track development at the expense of all Canadians.

Instead the government could have implemented my Motions Nos. 322, 323 and 325, which focused on Canada's commitment to sustainable development, recognizing that it was not a choice between saving the economy and the environment and therefore working with the provinces, territories and stakeholders to develop a green economy strategy and a national sustainable energy strategy to build the jobs of the future for our communities and for Canada.

When we compromise the air, the water, the soil, the variety of life, we steal from the endless future to serve the fleeting present.

May 16th, 2012 / 4:35 p.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Thank you, Madam Chair.

I want to thank our witnesses here today. Their presence is very much appreciated.

Ms. Côté, with Bill C-38 on budget implementation, which is currently under review by Parliament, the government is amending the Employment Equity Act so that it no longer would apply to federal contractors.

Given your expertise in wage discrimination, can you explain to this committee how eliminating this employment equity protection will affect Canadian women?

Opposition Motion--Budget LegislationBusiness of SupplyGovernment Orders

May 16th, 2012 / 4:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am interested in hearing the minister try to address this issue, in a somewhat fictitious way, I must say. The government, in fact, caused the backlog to hit the one million point. What the Minister of Citizenship, Immigration and Multiculturalism is doing is hitting the delete button, literally telling 100,000 people abroad that they can no longer come to Canada. Bill C-38 would do that. It is a cruel way of dealing with would-be immigrants.

The member is trying to play the politics of that being a great minister when reality shows us quite differently. We have never seen a minister hit a delete button on backlogs. We have never seen a minister put an absolute two-year freeze on being able to sponsor parents. How is that fair? Why has the government has chosen this budget, Bill C-38, to go through the back door and—

Opposition Motion--Budget LegislationBusiness of SupplyGovernment Orders

May 16th, 2012 / 4 p.m.
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NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, that is exactly why we are putting this motion forward. There are 70 amendments to legislation in Bill C-38, the budget implementation act. The member referenced one. That one issue alone should have enough study in the House. We are focusing on fisheries and the environment as major elements of the budget. There are over 420 pages in the bill which includes so many changes.

That is why Canada's New Democrats are spreading out across the country to engage in dialogue and to consult with Canadians, not just on the environment and fisheries, but also on immigration, on EI and many other changes that are included in this financial bill.

Opposition Motion--Budget LegislationBusiness of SupplyGovernment Orders

May 16th, 2012 / 4 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, my understanding is that the NDP actually meant for this opposition day motion to deal with the budget bill, Bill C-38, so I want to bring up one thing which I think the government could have incorporated into the bill. It is related to immigration.

In the budget the government is trying to hit the delete button on tens of thousands of individuals who have applied to come to Canada as skilled workers. That is a cruel policy. It is something that should have been brought to this House as a stand-alone amendment so that the Minister of Citizenship and Immigration and the government could be made fully aware, in detail, why this is a bad policy idea that should never have been incorporated into Bill C-38.

Would the member comment on that aspect of Bill C-38?

May 16th, 2012 / 4 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

The Office des personnes handicapées du Québec has expressed concern about the regulation of the temporary measure included in Bill C-38 because it could allow a person other than the beneficiary to have access to and use of the money in a registered disability savings plan. Are stricter regulations planned or does the government not see a need for that since the proposed measure is temporary?

Opposition Motion--Budget LegislationBusiness of SupplyGovernment Orders

May 16th, 2012 / 3:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the Liberal Party supports the motion. It talks about the importance of our fisheries industry, the environment and how the government is using the back door of Bill C-38 in order to have serious and significant impacts. What surprises me to a certain degree is why the NDP would narrow it down to just those two items in the form of the motion itself.

The real debate that needs to take place is the way in which the budget bill is being used to pass a great deal of amendments. We are talking about 60 or 70 amendments to different legislation, deletions and so forth. Yes, it is going to have an impact on these two issues, but also on immigration and many other areas.

My question to the member is this. Why did the NDP choose to narrow the debate down to just these two issues when there are so many other issues within that Trojan Horse bill that the member would, no doubt, acknowledge?

May 16th, 2012 / 3:40 p.m.
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Senior Legislative Chief, Tax Legislation Division, Tax Policy Branch, Department of Finance

Ted Cook

Sorry, you're referring to the changes that are set out in part 1 of the budget implementation act. In the actual budget materials at the start of the supplementaries, there's an outline of the cost of the various measures. If you'd like, I can just mention them.

In terms of the measures that are in part 1 of Bill C-38, the measure with respect to RDSP plan holders will be approximately $1 million. The cost with respect to the mineral exploration tax credit for flow-through share investors would be $130 million for the year in which there is the expansion.

Really, those are the only major costs that are outlined in the budget materials for the particular budget measures that are included in this budget implementation act.

Opposition Motion--Budget LegislationBusiness of SupplyGovernment Orders

May 16th, 2012 / 3:35 p.m.
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NDP

Megan Leslie NDP Halifax, NS

moved:

That, in the opinion of the House, the Budget legislation guts the environmental assessment and fisheries laws, leaving Canada’s lakes, rivers, oceans, ecosystems, and fisheries at risk while unfairly downloading federal environmental responsibilities and their associated costs to the provinces, territories, and future generations.

Mr. Speaker, I would like to share my time with the hon. member for New Westminster—Coquitlam.

My colleagues and I are hearing every day from Canadians who are rallying against the Conservative government's decision to table a Trojan Horse budget bill that contains measures that will do irreversible harm to our environment. It will affect the health, livelihood and future of Canadians, and it will leave an unacceptable and unequal burden on generations to come.

Canadians know intuitively that this cowardly attempt to avoid real debate on such significant legislation is undemocratic. It is another example of the government's penchant for avoiding accountability and scrutiny while it placates its industry bigwig buddies at the expense of the best interests of our communities.

There will not be sufficient public oversight or consultation on the bill. Communities that are relying on the very protections that are being gutted are being silenced. It is happening because the government knows that if Canadians were given the opportunity to examine this legislation fully, as they should be allowed to do in a democratic nation, they would reject the proposed changes because they recklessly gut environmental protection in this country.

New Democrats know and understand the importance of public participation in a democracy. That is why the NDP is holding a series of hearings in Ottawa and across the country that will allow experts and the public to engage in the policy areas of Bill C-38, such as the anti-environment provisions, in a meaningful way, which the government is trying to avoid.

The latest attempt by the government to hide from the public is yet another blot on the Conservative government's environmental record. From muzzling scientists, to withdrawing from international protocols that included mandatory greenhouse gas emission audits, to killing independent research bodies like the National Round Table on the Environment and the Economy and cancelling funding for environmental groups like the Canadian Environmental Network, the government shows time and time again that its number one policy is to stifle as much information and evidence as it can because that evidence flies in the face of the Conservative agenda.

The Conservatives keep forgetting one key thing and that is that Canadians from coast to coast to coast see these actions for what they really are: blindly partisan, incredibly short-sighted and devoid of any evidentiary framework or base.

One of the worst themes of Bill C-38 is the total lack of clarity and understanding on what impact these changes will have on the environmental protections we do have. For me, that is what makes this Trojan Horse bill so alarming. Canadians cannot be sure what the government is actually forcing upon this country.

We see in many different places where this legislation aims to give unparalleled discretion and powers to government and ministers, allowing them to override the best interests of Canadians in affected communities without really defining the scope of powers or important tests that would determine, for example, who could participate in a hearing.

Decisions will be made in the absence of an accountable framework. Make no mistake, these decisions of the future will be politicized and they will be partisan. This again flies in the face of good environmental stewardship.

I would like to talk about some of the proposed changes in the bill. In some of the cases we do not know what the outcome will be. We can see how the legislation is being changed, but we do not know what the impacts will be in the long run. That is all the more reason that we need to have a fulsome debate in the House and at committee on all aspects of the bill.

The entire Environmental Assessment Act is going to be replaced, and it is based on recommendations coming from the environment committee. That might sound like a positive thing, except that the review was the result of a very flawed legislative review at committee. It failed to meet any acceptable standard for a study of such an important piece of legislation.

I would like to talk about a couple of the changes to CEAA that are being proposed.

The bill would limit who could testify at environmental assessment hearings. It would limit that discussion to affected parties. Who is an affected party? Is it someone who lives in a place where a pipeline is going through the backyard? Is it someone who is five kilometres away or twenty kilometres away, or fifty kilometres? Think about Fukushima. How far away did that actually impact? Would people in that radius be able to participate?

What if people fish, but they fish very far downstream from a spawning bed, and there is an action taking place on a spawning bed? Are they an affected party if they live in southern Manitoba and the spawning bed is in northern Manitoba? Where do we draw the lines here? How do we know who gets to participate? What if they are scientists based out of Vancouver and they have good information about what could happen in northern British Columbia, or perhaps even in another province? Are they considered to be an affected party?

It is absolutely not clear what is being done here in limiting who can testify and who can participate. I am very worried that we are not going to get the good information that we need from the experts and from people on the ground who actually are directly affected, whether or not the government wants to believe they are.

This bill would also allow the federal cabinet to approve a project, even if the reviewing body has determined that there would be adverse environmental effects. In other words, if an arm's-length, non-partisan body says that a project should not go ahead—or yes, it should go ahead, but maybe with these changes—ultimately it is the cabinet that gets to make the decisions about whether that project goes ahead.

We also have a shift of moving from list versus trigger. This is a technical aspect of the bill, but right now an environmental assessment can be triggered because, for example, a navigable waterway is crossed or migratory birds may be impacted. We would switch to a list of what is included and what is not in an environmental assessment.

On its face, this might sound like a good idea, but we heard very good testimony at committee that asked this question: if lists are what is in and what is out, what do we do with projects that we cannot even conceive of right now? For example, if the list had been drawn up 50 years ago, would oil sands exploration have been on that list? Probably not. Do we think there should be environmental assessments of oil sands exploration? Yes.

This change would really limit what gets assessed and how the assessments are done, and it would not follow the evidence that we heard at committee, which is very unfortunate.

I will touch lightly on the fisheries provisions, and I am sure my colleague will also touch on them.

One really important aspect is that under the Fisheries Act provisions, we would change the focus from impacts on fish habitat to impacts causing “serious harm to fish”. What is “serious harm”? Well, let us imagine that a fish is maimed, deformed or has its growth stunted. Maybe its habitat is even destroyed. Maybe a future generation of fish is destroyed. As long as that fish is not killed, it seems it is okay under this legislation. That is absolutely impossible for me to wrap my head around, and it flies in the face of testimony we are hearing from people on the ground, who say that we need to protect fish habitat if we are going to protect the next generation of fish.

I will remind the government that allowing the degradation of our environment has long-term economic costs. The budget bill is not good financial management.The budget bill is not responsible governing. It is, plain and simple, an attack on our environment by a government that lacks the maturity or the common sense to see the long-term risks that it is engaging in.

How will my colleagues opposite explain to their constituents, their friends and their families why they are choosing to reject a path of innovation, environmental stewardship, sustainable development and intergenerational equity? I wonder how they will answer that question to their constituents, their families and their friends.

This legislation would be bad for our air, our water and our soil, and it is bad for humans and animals alike. I ask all members of this place to support our motion today in its denunciation of the government's environmental proposals.

Employment InsuranceOral Questions

May 16th, 2012 / 3:10 p.m.
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Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, the Conservatives can no longer hide the scope of their proposed changes to employment insurance in Bill C-38.

Their new brainwave for weakening the system, according to what the Minister of Finance is saying, seems to be to force the unemployed to take jobs that do not correspond to their aspirations or their qualifications and that are not even in their region. The Conservatives have real contempt for workers' expertise.

Instead of permanently undermining the employment insurance system, why does the federal government not agree to the request of the Conseil national des chômeurs et chômeuses and transfer responsibility for employment insurance to Quebec?

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 16th, 2012 / 12:15 a.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

He keeps going back to climate change. The actual question was on ozone.

Will the Minister of the Environment appear before the finance subcommittee on Bill C-38, and before the Senate committee to explain his outrageous accusations against reputable Canadian charities and finally list the organizations he accused of money laundering?

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 15th, 2012 / 11:30 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Mr. Chair, the bulk of the money, and I will see if I can put my hands on the specific dollar amount, will go to aboriginal consultation with a very small amount will go to administration costs.

Through Bill C-38, through the responsible resource development legislation, we have ensured that we not only do what has been done so well in the past with regard to aboriginal consultation, but that we engage earlier and that we fulfill our statutory obligations to support and assist their interventions.

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 15th, 2012 / 11:15 p.m.
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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Marquette, MB

Madam Chair, it is an honour to address my remarks regarding Bill C-38 to Canada's magnificent endowment of freshwater resources that are so important to our country.

I think Canadians treasure our freshwater endowment almost above all other resources. Our freshwater resources are vital sources of safe drinking water, key transportation routes and are the basis of our freshwater fisheries, as well as important for tourism recreation. Our lakes and rivers simply are what makes Canada Canada.

Our government has recognized that we have a tremendous responsibility to ensure our freshwater resources are protected. We understand that there are significant pressures affecting the health of some of our freshwater. We are addressing those challenges by taking concrete and measurable actions to restore and protect nationally significant bodies of freshwater, such as the Great Lakes, Lake Simcoe and, in my own backyard, Lake Winnipeg.

Environment Canada is carrying out this work by conducting leading edge science, research and monitoring to better understand issues, identify threats and inform decision-making to protect our precious water resources.

Our government is building partnerships with other levels of government, stakeholders and the public to plan and deliver on water-related priorities. We are cleaning up problem areas and addressing specific issues, such as eutrophication and to improve overall water quality.

In my own riding of Dauphin--Swan River--Marquette, we have many beautiful freshwater lakes, rivers and wetlands that are used for both recreational and commercial fisheries and are very important to local communities, the local environment, the ecosystem processes, our economy and our rural way of life.

I would like to take a moment and focus on three nationally significant bodies of freshwater, their importance, what we have accomplished and where we are headed.

The Great Lakes and the major rivers that connect them constitute the world's largest freshwater system and they are fundamental to the well-being of millions of Canadians. This region supports Canada's highest concentration of industry, nearly 25% of total Canadian agricultural production, a commercial and recreational fishery that has been estimated to be worth about $7 billion and a transportation corridor with shipping from all over the world. The Great Lakes provide the foundations for billions of dollars in economic activity, sustain a rich a variety of plants and animals and are a direct source of high quality drinking water for one-fourth of Canadians.

The Government of Canada has made significant investments in the Great Lakes, resulting in important gains for both the environment and human health. Our investments include over $538 million since 2007 to enhance municipal waste water treatment infrastructure, which directly improves water quality within the Great Lakes. We provided $48.9 million from 2008 to 2016 to accelerate the remediation of contaminated sediment in the Great Lakes and the renewal of the Great Lakes action plan in budget 2010. We are committing $8 million per year on an ongoing basis to support the remediation of Great Lakes areas of concern, locations that have been identified as experiencing environmental degradation.

Budget 2011 provided new funding of $5 million over two years to improve nearshore water and ecosystem health and better address the phosphorous issues in the Great Lakes.

These significant investments in the Great Lakes are resulting in important environmental gains but more work needs to be done.

To that end, the Governments of Canada and the United States are in the process of finalizing amendments to the Great Lakes Water Quality Agreement. Since 1972, this agreement has guided the efforts of both countries by aligning objectives and coordinating action across multiple jurisdictions.

The agreement has been an international example of effective management of shared water resources and was instrumental in reversing eutrophication issues in the late 1970s and 1980s, significantly reducing persistent toxic substances in the ecosystem and cleaning up contaminated areas within the Great Lakes.

The agreement and the leading edge work it produced has also served as a powerful driver for developing and reforming environmental laws and policies within the United States and Canada, including our own Canadian Environmental Protection Act, a key tool in delivering the highest level of environmental quality for all Canadians.

An amended Great Lakes Water Quality Agreement would allow our government to comprehensively address current problems in the Great Lakes, including cumulative stresses acting on the nearshore environment, aquatic invasive species, habitats and species loss and climate change impacts, and move quickly to prevent future problems.

For over 40 years, the Government of Canada has worked in co-operation with the Province of Ontario on Great Lakes aquatic ecosystem health through a series of Canada-Ontario agreements respecting the Great Lakes basin ecosystem. The Canada-Ontario agreement establishes a domestic plan of concrete actions that the federal and provincial governments will undertake to implement the Great Lakes Water Quality Agreement to restore, protect and conserve the Great Lakes. We anticipate a new Canada-Ontario agreement later this year that will align with the newly amended Great Lakes Water Quality Agreement.

The Government of Canada is also working to restore, protect and conserve water quality and ecosystem health in other bodies of water, such as Lake Simcoe in Ontario. Located north of Toronto, the lake is a major recreation area generating millions of dollars a year in tourism revenue. It lies in a major agricultural area and supplies drinking water to eight municipalities. The lake has been suffering some stress due to phosphorous inputs and eutrophication.

The health of Lake Simcoe has been declining for many years. Since 2008, the Government of Canada's $30 million Lake Simcoe cleanup fund has supported initiatives to preserve and protect the environment of Lake Simcoe and has allowed Canadians to live, work and play near Lake Simcoe to enjoy the benefits of a cleaner lake. I am proud to say that our government has supported, which I find unbelievable, approximately 160 local projects so far, including over 90 habitat and non-point source pollution improvement projects to restore and preserve the health of Lake Simcoe. That is what I call delivering real environmental results.

Recognizing the success of this program, budget 2012 continues to provide new investments to ensure we are able to work together with local partners toward improving the water quality and ecosystem health of Lake Simcoe and deliver on our commitment to clean water.

The Government of Canada is also taking action on Lake Winnipeg to restore its ecological integrity, reduce blue-green algae blooms, ensure fewer beach closings and ensure continuation of a vibrant and sustainable fishery. Lake Winnipeg is the sixth largest freshwater lake in North America and supports a $50 million per year freshwater fishery and a $110 million per year tourism industry. The lake is situated in and receives inputs from a drainage basin of almost one million square kilometres that encompasses four provinces and four U.S. states.

Beginning in 2008, the Government of Canada committed $17.7 million over four years to work with our provincial partners to clean up Lake Winnipeg through the Lake Winnipeg basin initiative, again delivering real environmental results. This initiative has contributed to cleaning up the lake and supporting science.

Despite the work done to date, Lake Winnipeg continues to experience poor water quality due to excess nutrient loading from multiple local and transboundary sources. The excess nutrient load causes increasingly large, frequent and potentially toxic algal blooms. Without a reduction in nutrient inputs, primarily phosphorous, deterioration in the lake's water quality will continue.

Budget 2012 also provides renewed funding for Lake Winnipeg to continue the important work begun in 2007, which will enable us to work with partners to take action to resolve problems that threaten this great resource. Through our work on Lake Winnipeg, Lake Simcoe and the Great Lakes, the Government of Canada is ensuring clean freshwater for all Canadians.

We will continue to deliver on that commitment through our government's investments in research, monitoring, leading edge science, partnerships with other jurisdictions and targeted actions to clean up problems of the past. We hope to prevent future problems because Canada's freshwater resources are not only a source of immense pride for our country but are vital to supporting our environment, our economy and our society.

I cannot emphasize enough that this government provides resources to deliver real and tangible environmental results.

I have questions for the minister. I was wondering if the minister could please explain and elaborate on what our government is doing to protect the Great Lakes.

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 15th, 2012 / 11:05 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Madam Chair, my colleague obviously needs to pay some attention to the detail of Bill C-38.

The responsible resource development legislation has four very simple, very clear and environmentally logical provisions and principles. They are: to strengthen environmental protection first and foremost from my perspective as the Minister of the Environment; to make reviews of resource projects more predictable and timely; to reduce duplication and regulatory burden; and to enhance consultations with aboriginal Canadians. That is what Bill C-38 would do.

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 15th, 2012 / 10:15 p.m.
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Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Madam Chair, I would like to focus my comments on environmental assessment and the work of the Canadian Environmental Assessment Agency. This, of course, is a key part of the environment portfolio and a very important part of what the federal government does. The funding being considered as part of the main estimates is necessary for the continued application of the Canadian Environmental Assessment Act, and preparation for the implementation of the proposals in Bill C-38 should that legislation receive royal assent.

Environmental assessment sits at a crucial intersection between the environment and the economy. Environmental assessment is a way to ensure responsible resource development. It allows the Government of Canada to assess and mitigate the environmental impacts of projects that represent billions of dollars of potential investment for Canada.

While founded upon the best of intentions, the current federal process is overly complex and dated. Accountability is spread across government, and there have been inconsistent application and delays as a result. This situation actually harms the economy. Project proponents face unnecessary costs. Investment decisions are put off. Jobs for Canadians are put on hold. The argument can be made that this actually harms the environment, too.

Limited government resources are consumed by unnecessary process steps and the need to assess small projects that pose minimal risk to the environment. There are also few enforcement provisions. The current law is based on concepts and approaches from the late 1980s. It is time to build on our record and move forward. It is time to modernize federal environmental assessment.

A responsible resource development plan sets out a path to modernization that relies on four pillars: one, making reviews more predictable and timely; two, reducing duplication; three, strengthening environmental protection; and four, enhancing consultation with aboriginal peoples. The new Canadian environmental assessment act supports all four pillars through responsible and certain timelines, better integration of federal and provincial responsibilities to avoid duplication, fair and consistent enforcement measures to ensure the environment is protected, and an explicit requirement to ensure that changes to the environment that affect aboriginal peoples are assessed and mitigated.

Environmental assessment is receiving much attention, inside and outside the House, as part of the debate on Bill C-38, the jobs, growth and long-term prosperity act. Let me take this opportunity to set the record straight on some of the myths that have unfortunately dominated this debate.

The first myth is that the Canadian Environmental Assessment Agency budget has been cut by over 40%. Perhaps members have heard that. The opposite is true. At a time of fiscal restraint, the agency's capacity has been protected. Its budget is in fact increasing by 5% as a result of budget 2012. Additional funds are being provided for consultations with aboriginal peoples. Fundamentally, the provision of funding to the agency will ensure that it continues to provide Canadians with high quality environmental assessments.

The second myth permeating this debate is that environmental assessment is somehow being gutted by Bill C-38. A brief comparison between the current law and the bill is in order to explain this point. As I just noted, the government is providing additional funding to the Canadian Environmental Assessment Agency because we expect it to do more, not less.

For an environmental assessment to be required under the current act, there has to be a federal decision associated with the project. No decision means no environmental assessment, even though there might be serious effects on matters within federal jurisdiction. The bill proposes to address this gap. An environmental assessment may be required when there are adverse effects within federal jurisdiction and the project is on the project list or specifically designated by the minister. A federal decision about the project is not a prerequisite.

When there is a federal decision associated with the project undergoing an environmental assessment, the environmental effects of that decision will be assessed. This is a requirement today. This is a requirement in the updated act.

The current law requires follow-up programs for major projects. These follow-up programs verify if mitigation measures are protecting the environment. Unfortunately, application of this requirement has been fragmented across government. Follow-up information is not being put to the best use possible.

The bill proposes to fix this problem. Follow-up programs would be mandatory after all environmental assessments. The results would flow to one of three responsible authorities: the Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission and the National Energy Board. These bodies would use this information to help manage unanticipated environmental effects and improve the practice of environmental assessment.

A final area of comparison relates to enforcement. The current law has no enforcement provisions. This is a very significant shortcoming. As parliamentarians we expect bills to be enforced when they become law. Bill C-38 proposes to make this the case for environmental assessment through several measures.

The act would prohibit a proponent from proceeding with a project identified in regulations unless it underwent an environmental assessment or the agency decided that one is not required. At the end of an environmental assessment, proponents would have to comply with the conditions set out in a decision statement. Federal inspectors for the first time would have the authority to examine whether conditions in an environmental assessment decision statement were met. Finally, there are proposed penalties for violations that range from $100,000 to $400,000.

Bill C-38 proposes to close gaps in what projects can be subjected to a federal environmental assessment. It would strengthen how follow-up information is managed and used. New enforcement powers would be provided. All of this adds up to a strengthening of environmental assessment in a significant way.

Now I would like to turn to the third myth. Some are saying that the government has not consulted nor heard from Canadians on how to improve environmental assessment. There has been a wealth of input from various sources under both this government and the previous government. Let me run through some of the highlights.

In 2003, the Standing Committee on Environment and Sustainable Development issued a report entitled “Beyond Bill C-9”. Among other things, the standing committee recommended creating a system of environmental assessment permits. Bill C-38 proposes to do so through the enforceable environmental assessment decision statement.

The standing committee also recommended that the agency look into the use of regional environmental assessments as a means to deal with cumulative effects of multiple projects and activities. This examination of the potential of regional studies was done in cooperation with provinces and territories through a task group of the Canadian Council of Ministers of the Environment in 2008-09. The result can be seen in proposed provisions for regional studies.

In 2004, the government appointed the external advisory committee on smart regulation. Environmental assessment was the issue that generated the most complaints from stakeholders during this study of the broader federal regulatory system.

The smart regulation committee recommended the creation of a single federal agency for environmental assessment, better integration of federal-provincial assessments, timelines and more emphasis on follow-up programs. Proposals consistent with the spirit of these recommendations are all found in Bill C-38.

In 2009, the Canadian Council of Ministers of the Environment also issued a discussion paper and held consultations on the issue of one project, one review. The outcome is reflected in the bill's proposal for substitution and equivalency.

These new tools allow provincial environmental assessments to substitute for, or be recognized as equivalent to, a federal review as long as the substance of requirements of the act are met.

The Standing Committee on Environment and Sustainable Development members, many of whom are in the House tonight, reviewed the Canadian Environmental Assessment Act this past year. The majority of the committee's recommendations have found their way into the bill, including the use of a project list to avoid requiring assessments of small projects, such as a blueberry washing facility.

This project list approach includes a safety net authority for the Minister of the Environment to require the environmental assessment of a project not identified in the regulations. This power could be used in unique circumstances where a relatively routine type of project is of concern because of its proposed location, for example, in a sensitive environmental setting.

Two standing committee reports, a public consultation by federal and provincial governments and a blue ribbon committee have all contributed to the development of this important bill.

We have listened to what is being said about environmental assessment over the past decade. We are moving forward to protect the environment while promoting jobs, growth and long-term prosperity for all Canadians.

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 15th, 2012 / 10 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Madam Chair, I will correct my hon. colleague. What we are doing is strengthening and contemporizing the Canadian Environmental Assessment Act. It is an act that our government has been reviewing for some time now. Legislative changes with regard to CEAA were brought into effect in June 2010. They have worked.

What we have in the legislation before the House now, in Bill C-38, is to improve on those original fixes to strengthen environmental protection while at the same time eliminating duplication and providing firm and efficient timelines.

Environment—Main Estimates, 2012-13Business of SupplyGovernment Orders

May 15th, 2012 / 9:45 p.m.
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Thornhill Ontario

Conservative

Peter Kent ConservativeMinister of the Environment

Madam Chair, I am pleased to be here this evening to discuss with the committee of the whole this important budget and our commitment to environmental excellence in Canada.

I am accompanied this evening by my deputy minister, Paul Boothe, the chief executive officer of Parks Canada, Alan Latourelle, and the president of the Canadian Environmental Assessment Agency, Elaine Feldman.

Recently I marked my one-year anniversary as Canada's environment minister. I must say that the past year and a half has been challenging, but it has been very rewarding.

As we look forward to the next year, our government is keenly focused on ensuring that our natural resources are developed in an environmental and sustainable manner while maximizing economic growth, competitiveness and the creation of good long-term jobs for Canadians.

As we all know, one of the main duties of Environment Canada is to develop, implement, monitor and enforce science-based environmental standards and regulations across Canada.

This year, we are focusing on simplifying and increasing the efficiency and transparency of our regulatory processes to make them more effective. The department is strongly committed to growing as a world-class regulatory organization, and it will continue to improve its track record of regulatory excellence.

My department has made steady progress in a number of key areas. Working in partnership with Alberta, I announced on February 3 an historic plan for implementing a world-class, comprehensive and transparent environmental monitoring plan in the oil sands. This plan will deliver rigorous scientific data to ensure that the oil sands are developed in an environmentally sustainable manner. My department will monitor water, air and biodiversity, and it will be among the most transparent and most accountable systems of its kind in the world.

Monitoring will be carried out in more places, more frequently, for more substances. For example, by 2015 we will add up to 22 new water sites, 11 new air sites, and over 37 new biodiversity sites. The dedicated scientists in my department have already begun collecting crucial measurements during the spring melt and the ice breakup. Throughout this process, we have been engaging industry, independent scientists, aboriginal peoples and other stakeholders.

Canada is making significant progress in reducing Canada's total greenhouse gas emissions by 17% below 2005 levels by 2020 through a sector-by-sector plan. In fact, federal measures, combined with actions taken by provinces, brought us one-quarter of the way toward our 2020 target a year ago, and we have made significant progress since then. Emissions have declined in almost all sectors, including oil and gas and electricity generation, since 2005. Between 2009 and 2010, our emissions remained virtually steady, despite economic growth of 3.2%.

More progress on reducing our greenhouse gas emissions is forthcoming, following on publication of our final cold-fired electricity regulations in coming weeks and the proposed heavy duty vehicle regulations I recently announced.

All of these proposed regulations will help enhance Canada's position as a world leader in clean energy, reduce greenhouse gas emissions and improve air quality for all Canadians.

We are now moving forward to develop regulated performance standards for other major emitting industrial sectors. We have already initiated an engagement process with the oil and gas sector and the provinces to enable ongoing consultation on regulatory development. We plan a similar engagement as we move forward to develop regulations for other emissions in intensive industrial sectors.

My department will also continue its efforts to improve air quality by working with provinces, industry and non-governmental organizations to implement the air quality management system. This system is a comprehensive consensus-based approach to reducing air pollutant emissions and improving air quality across Canada, eventually in partnership with the U.S. along the lines of the acid rain treaty.

Furthermore, under the next phase of Canada's chemicals management plan, our department is working with partners to assess and regulate a multitude of chemicals used in thousands of industrial and consumer products.

As part of the action plan for clean water, in 2011 the Government of Canada invested almost $3 million for the cleanup of Lake Simcoe and almost $400,000 for nine new community projects to clean up Lake Winnipeg. Negotiations with the United States to modernize the Great Lakes Water Quality Agreement have been successful. The process to amend the agreement is nearing completion.

Significant resources were invested in the Great Lakes for the cleanup of contaminated sites, reduction of harmful algae blooms, waste water infrastructure and science and research.

We are also taking action to protect and conserve Canada's rich and abundant biodiversity. Under our new Plan Saint-Laurent, we are working with Quebec to ensure water quality, to protect ecologically sensitive areas and to conserve the incredible biodiversity of that mighty river. In that regard, the Canada-Quebec agreement on the St. Lawrence was signed and announced in Montreal last November. This new agreement sets out the St. Lawrence action plan up to 2026.

Under budget 2012, $50 million over two years is being provided to support updated application of the Species at Risk Act. This money will support improvements to the program that respond to submissions made during and after the parliamentary review of the act in 2009 and 2010. These changes will deliver greater conservation benefits, reduce the need for direct federal intervention and provide greater certainty for partners.

On the international stage, Canada has played a significant role in advancing work toward a new international climate agreement for the future. The Durban platform for enhanced action took an important step forward by setting out a negotiating mandate for all countries to develop a single new international treaty to include all major emitters to be implemented by 2020. This has been a long-standing objective of our government.

We have invested and continue to invest $1.2 billion in fast-start financing to help developing countries address global climate change. Canada is also working with international partners to reduce short-lived climate pollutants such as black carbon and methane.

There has been much talk—and great exaggeration, misrepresentation and few factual references—about the changes to environmental assessments under the responsible resource development initiative. My colleagues will speak to this matter in detail later in the debate, but let me just say that our government takes environmental protection very seriously. We are amending outdated and inefficient elements of the Canadian Environmental Assessment Act in order to modernize the environmental assessment processes and strengthen enforcement provisions.

For the first time, for example, federal inspectors will have authority to examine whether conditions in an environmental assessment decision statement are actually met. When passed, Bill C-38 would allow for monetary penalties that range from $100,000 to $400,000 for non-compliance. These are real penalties meant to ensure compliance and to safeguard Canadians. They complement the much greater stiffening of regulations under CEPA a year ago.

Environment Canada has also focused its resources to address areas of highest concern to Canadians, such as severe weather. I announced investments to strengthen weather monitoring infrastructure, ensuring Canadians continued access to world-class weather, water and climate monitoring data, and we will continue to provide Canadians with a comprehensive national weather, water and climate monitoring system.

I must say that I am very proud of the accomplishments and dedication of this government vis-à-vis the environment. We are serving Canadians every day and protecting Canada for years to come. Our government's economic action plan is creating jobs and growth for Canadians now and in the future.

In conclusion, I take this opportunity to thank members present on both sides of the House for their interest in the work of my department and I welcome their questions throughout the evening.

May 15th, 2012 / 5:20 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Thanks, Mr. Chair.

I'd just like to move a motion:That, the Standing Committee on Aboriginal Affairs and Northern Development immediately commence a study on the subject matter of the sections of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, which directly fall within the mandate of this committee, namely Part 3, Division 5, Fisheries Act; Part 4, Division 46, First Nations Land Management Act; Part 4, Division 49, First Nations Fiscal and Statistical Management Act.

I think we're all well aware that these parts have been bundled into a complex piece of legislation. Over this last week, and certainly in our travels, I think we've heard that certain parts of the bill could have an impact on first nations communities. So we're asking that the committee consider studying the sections of the bill directly related to Aboriginal Affairs and Northern Development.

It's an important piece of legislation that requires oversight. I know that in the past various bills from various governments have been passed with unexpected consequences—and that's not a partisan remark. I know all committee members are hard-working and would be concerned if a bill had an unintended consequence. I'm sure we want to do our due diligence and make sure this bill doesn't have that effect.

I know that the Assembly of First Nations, for example, has issued a series of questions around the Fisheries Act. It's not clear to us what those changes are. We understand there are going to be regulatory changes, but the Assembly of First Nations has posed a number of questions that I think will be important for this committee to consider.

I think it makes sense for us to have a full study of these particular sections of the bill. Again, we know that mistakes have been made in legislation in the past; we've had to see legislation come back to the House to correct those mistakes. I think it's important that we take the time we need to study the bill and its impacts to make sure there are no unintended consequences.

I'd ask all committee members to support my motion.

Copyright Modernization ActGovernment Orders

May 15th, 2012 / 5:10 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Madam Speaker, I note that the member used her time to go after the NDP for, apparently, speaking too long on Bill C-38. I am surprised by that because such a massive bill, which we have correctly named a Trojan horse because it has so many non-financial aspects in it, is something that absolutely has to be investigated and debated in the House of Commons. I was surprised to hear her say that 12 hours or 19 hours of debate is too long.

Having said that, I am curious about her position on this bill, and I wonder if she agrees with one of its main criticisms, which is that it cozies up to some of the big rights holders, like the big movie studios and largely U.S. cultural interests. The idea is that there is balance in the bill, but when we give it a close examination, we see that a lot of artists and small players are left behind.

I wonder how she would respond to the criticism that this is, basically, a sop to the big players who have been lobbying for these changes and that her government has now very nicely responded to them.

May 15th, 2012 / 5 p.m.
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Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance

Sean Keenan

In terms of the changes that are being proposed in Bill C-38, essentially the law currently says that a charity must have charitable purposes. So they must be engaged in charitable purposes and they must use the resources they have to achieve those charitable purposes, and to the extent that they engage in political activities that are related to their charitable purposes, they can spend up to 10% of their resources. When a charity makes a gift to another charity, that is considered to be part of its charitable activities. What Bill C-38 is proposing is that when a gift is made to another charity, and a purpose of that gift was to allow the other charity to engage in political activities, then the gift would be included by the charity that makes the gift in its own political activities.

In your example of the United Way making a gift to another qualified donee or charity to engage in activities, to the extent that there's no suggestion that a purpose of the gift is political activities then there's no impact on them.

May 15th, 2012 / 4:55 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

There are some provisions in Bill C-38 that would clamp down on charities, or penalize charities that transfer moneys to other charities, or that use more than 10% of their money for what is deemed political activities.

The United Way is an umbrella charity that raises a lot of money that's transferred internally within a city for instance, or a community, to a number of other charities. Are you considering the unintended consequences on a group like the United Way, which does transfer money within charities within other communities?

May 15th, 2012 / 4:50 p.m.
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Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance

Sean Keenan

Bill C-38 does not change the calculation of his pension. In 2013, if the Governor General left office.... I don't actually have that calculation, but it would be the same. There would be no change to the calculation of his pension with this act.

May 15th, 2012 / 4:35 p.m.
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Senior Legislative Chief, Tax Legislation Division, Tax Policy Branch, Department of Finance

Ted Cook

Thank you.

Part 1 contains the income tax measures in Bill C-38. What I would propose to do is to essentially follow the summary at the start of Bill C-38, which provides a list of all the measures.

The first measure that is listed is to expand the list of medical expenses eligible for the medical expense tax credit to include blood coagulation monitors and associated peripherals. This measure parallels a GST/HST, which is in part 2 of this bill.

The second measure was referred to in the discussion with the minister. This will allow qualifying family members, that is, parents, spouses, and common-law partners, to open a registered disability savings plan for an adult in situations where the contractual competence of the individual to do so is in doubt. In situations where it is determined that the individual does have contractual competency, they will be able to then replace the qualifying family member as holder of the RDSP, if they choose to do so. This measure will apply to RDSPs that are opened before 2017. However, those RDSPs will continue on as long as necessary.

The next measure relates to the mineral exploration tax credit. It extends the tax credit available to flow-through share investors by one year, as has been done in the last several budgets. What this measure does is to support grassroots mineral exploration. It will apply to flow-through share agreements entered into after March 2012 and before April 2013.

The next measure has to do with eligible dividend designations. Under the Income Tax Act, individuals—

May 15th, 2012 / 4:35 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

We did think there were some things in committee business that could be done in public, and this committee's had a rather better record than most of the parliamentary committees in this session for keeping itself open.

In particular, we're hoping we might be able to deal with my notice of motion dealing with BillC-38 topics that normally would have come to this committee, like the removal of the necessity for hearings for notification of parole.

May 15th, 2012 / 4:25 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

With respect to my colleague, we have the Minister of Finance here. This is supposedly a budget implementation bill. All members of this committee are going to be asked to review this bill on a clause-by-clause basis. We are expected to understand everything in here, so I think it is absolutely fair to ask the minister a question based on anything that comes under Bill C-38.

May 15th, 2012 / 3:45 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Thank you, Mr. Chair.

I'd like to thank the finance minister.

I also want to make a quick mention of the fact that, as you're probably aware, we were in New York and Washington last week. We had many meetings, and almost without exception we heard from our friends and neighbours in the United States about how envious they were. Again, each meeting started with sort of complimenting Canada on our banking system, on our economy.

That, to me, as we learned about the challenges in the U.S., or heard from the IMF, just reconfirmed in certainly my mind how fortunate we are to be heading down the track that we're heading.

I would really like to target in on two specific areas. The first is health care transfers, because I think health care is near and dear to all our hearts. I heard the announcement you made in terms of how we're increasing transfers for health care. The NDP of course, falsely, are standing up in the House on a regular basis saying we're cutting transfers.

I would also like to make note of the quote from Scott Brison, the current Liberal finance critic. He said that shifting the burdens to provinces—which the Liberals did in the nineties—is the “easy but cowardly way to accelerate deficit reduction.... The Chrétien-Martin cuts sent the health care and education system into crisis in every Canadian province.”

I repeat and underline the word “cut”, because it points to an important contrast. Unlike the Liberals in the 1990s, we're not cutting transfer payments; rather, we're ensuring that they can continue to grow at a sustainable level. Indeed, health care transfers will continue to grow from $27 billion in 2011-12 to a minimum of $38 billion in 2018-19.

I'd like you to focus in on how this new health care transfer arrangement proposed in Bill C-38 will provide certainty and stability to the provinces.

May 15th, 2012 / 3:30 p.m.
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Whitby—Oshawa Ontario

Conservative

Jim Flaherty ConservativeMinister of Finance

Thank you, Chair.

I will make my comments relatively brief to allow sufficient opportunity for the committee's questions.

First, before I begin, let me congratulate the chair and all of the members of the finance committee for their ongoing and comprehensive work over the past few months looking at potential ways to encourage more charitable giving in Canada with new or improved tax incentives. I look forward to reviewing the committee's eventual findings and recommendations.

I am here today to address the committee on the subject of Bill C-38, the Jobs, Growth and Long-term Prosperity Act. The purpose of this important bill is to implement key measures in the 2012 economic action plan that will contribute to the growth of Canada's economy not only in the years to come, but also for future generations.

When talking about why today's legislation is of such importance, we must always consider our place in the global economy.

First, overall Canada's economy has been doing relatively well. Job growth in Canada has been the strongest in the G-7, with over three-quarters of a million net new jobs created since the end of the recession in July 2009. Moreover, 90% of these jobs are full-time and over 80% are in the private sector. Economic growth in Canada, as noted by independent organizations such as the IMF and the OECD, is forecast to be at the head of the pack of G-7 countries in the years ahead. Fiscally, Canada remains in an enviable position with by far the lowest net debt to GDP ratio in the G-7.

As Scotiabank chief economist Warren Jestin recently declared, “When you look at what exists in Canada, this is...the best country in the world to be in.”

But it is the rest of the world that we must be mindful of, always remembering that we are never immune from the fragile global economy. In Europe, tremendous and ongoing challenges remain, as we are reminded far too frequently. In the United States, our largest trading partner, the uneven and bumpy recovery continues. Both situations underline the fact that Canada cannot be complacent, and that difficult and uncertain challenges persist. Winston Churchill once noted famously, “A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.”

Looking at Canada today, I see the opportunity ahead—the opportunity to bolster our fundamental economic strengths, to create more high-quality jobs for today and tomorrow, and the opportunity to confront our long-term economic and financial challenges head on. Indeed, we have a strong foundation on which to build.

As I mentioned earlier, Canada's economic and fiscal fundamentals are solid. Our recent job growth, our forecasted economic growth, and our fiscal position are all the best in the G-7.

In addition, our banking system is the soundest in the world, as judged by the World Economic Forum for four consecutive years. All three of the major credit rating agencies, Moody's, Fitch, and Standard & Poor's, have reaffirmed Canada's top credit rating.

With the lowest overall tax rate on new business investment in the G-7, Forbes magazine recently ranked Canada as the best country in world in which to do business.

Without a doubt, we are on stable economic ground. But when promoting Canada around the world to others, our admirers point to another key advantage—a strong, stable government that can make long-term decisions and that has stayed squarely focused on the economy. To understand the importance of this, we must look no further than the United States or Europe, where political gridlock and instability too often threaten or delay vital economic and fiscal reforms. In a fast changing global economy, which not only remains uncertain but in which Canada also faces increasing competition from emerging economies, delay for the sake of delay is not an option and complacency is the enemy of success.

One thing that is certain is that our government will continue to focus on the economy. With that in mind, the 2012 economic action plan provides that we will be moving forward with a clear, prudent and balanced plan to ensure economic growth and sound public finances in Canada, now and in future.

As the challenges Canada's economy faces are not small or one-dimensional, neither is our plan.

In fact it is unapologetically comprehensive and ambitious, for it responds to the magnitude of the challenges we face in a globalized economy.

The 2012 economic action plan focuses on the engines of growth and on creating jobs, keeping taxes low and ensuring sound public finances and social programs for future generations.

The action plan makes major investments in support of a new approach to research and innovation in Canada, an approach that will stimulate high-quality job creation. The action plan promotes responsible resource development to eliminate duplication, and the adoption of a "one project, one review" model, while improving environmental protection mechanisms. The action plan also provides for intensifying Canada's efforts to strengthen trading relationships and establish new ones and to take greater advantage of Canada's highly qualified and educated labour force.

This better ensures that our immigration system is truly fast and flexible, to help sustain Canada's economic growth.

It also includes taking steps to ensure sound public finances by preparing today for the pressures Canada will face over the longer term, steps like making necessary reforms to old age security and public sector pensions; implementing a path for provincial and territorial transfers to keep them growing in a predictable and fair way; and managing public finances in a sustainable and responsible manner, balancing the budget in the medium term, and respecting taxpayers' dollars by eliminating waste and enhancing efficiency whenever possible.

Again, this plan is unapologetically comprehensive and ambitious, aligned in its aim of building a stronger Canadian economy for today and tomorrow. Indeed a recent editorial in the Waterloo region The Record characterized our economic action plan 2012 this way:

It is a moderate, intelligent and visionary plan to preserve a progressive, prosperous Canada in a global landscape filled with both upheaval and promise. And for this reason it is the most ambitious and important federal budget in a generation. Underlying it all is an astute recognition of how this nation and the world around it are changing.... This budget tackles these challenges head-on....

As was mentioned earlier, Bill C-38, the Jobs, Growth and Long-term Prosperity Act, is a key element of the action plan. It implements many of the principal measures in the plan, including supporting jobs and growth through responsible resource development while protecting the environment; helping to build a fast and flexible economic immigration system that meets the needs of the Canadian labour market;

gradually increasing the age of eligibility for old age security and the guaranteed income supplement from 65 to 67, starting in April 2023, to ensure that it remains sustainable for future generations; and much more.

The plan also takes important targeted steps to provide direct support for Canadian families and communities by, among other things, assisting provincial front-line delivery of health care and social programs by extending the temporary total transfer protection to 2012-13, representing nearly $700 million in support to those affected provinces; expanding health-related tax relief under the GST/HST and income tax systems to better meet the health care needs of Canadians; helping Canadians with severe disabilities and their families by improving the registered disability savings plan; requiring federally regulated private sector employers to ensure, on a go-forward basis, any long-term disability plans they offer to their employees; promoting literacy by allowing certain charities and qualifying non-profit literacy organizations to claim a rebate from the GST they pay to acquire printed books to be given away; and supporting major exhibitions at Canadian museums and galleries by modernizing the Canada travelling exhibitions indemnification program, among many others.

Mr. Chair, since we were first elected in 2006, our government has been focused on creating jobs and economic growth. We are “looking a little ahead”, as Sir John A. Macdonald was fond of saying. Ultimately, our goal is simple: it is to ensure long-term prosperity for all Canadians.

As comprehensive as it is ambitious, the economic action plan 2012 will maintain and strengthen our advantages by continuing to pursue those strategies that made us so resilient in the first place—responsibility, discipline, and determination.

Bill C-38, Jobs, Growth and Long-term Prosperity Act, is an important step in creating a brighter future for our country. I urge you, the members of this committee, to help achieve that worthy goal by passing this legislation.

With that, Mr. Chair, I invite the questions of the committee.

May 15th, 2012 / 3:30 p.m.
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Conservative

The Chair Conservative James Rajotte

Okay, I'll ask all of our friends with cameras, video cameras, and microphones to leave please. Thank you.

I'll call this meeting to order. This is the 58th meeting of the Standing Committee on Finance. The orders of the day, pursuant to the order of reference of May 14, 2012, are a study of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Minister, we're very pleased to have you here with us today for a full hour session and then have your officials afterwards. As you know, you will have up to 15 minutes for your opening presentation, and then you will have questions from all of our members.

I ask you to begin at this time, please.

May 15th, 2012 / 2:20 p.m.
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Associate Director, Nanaimo, Wildlife Conservation Society of Canada

Damien Joly

You want specific recommendations about Bill C-38, or recommendations for the plan in light of the changes.

Things like the changes to the Fisheries Act are going to make it very difficult for us to take a broad-based approach to conservation of species. We're going to find we're in a long-term debate about this stream being important for this reason and not that stream, so this stream doesn't matter anymore and we can do what we want.

I think it's being able to roll that back to say the ecosystem is important, because an intact ecosystem is what gives us the clean water we're all drinking right now. That comes from intact ecosystems. When we start making changes and making commercial or even cultural value-based decisions about certain streams—I just used that as an example—I think we're going to find that in the long term, we will lose the whole, bit by bit, by taking it apart.

May 15th, 2012 / 2:20 p.m.
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NDP

François Choquette NDP Drummond, QC

I would like to go back to these two aspects you mentioned.

I'm now asking question 5: what should the NCP implementation priorities be? Of course, we're talking about amending the Fisheries Act that aims to protect fish habitat. You said that it was important to protect the fish habitat because it is what makes it possible to have an effect on all the others.

With respect to environmental assessments, I recall that during the hearings, several individuals emphasized the cumulative effects. Unfortunately, this aspect is ignored in Bill C-38. But these two pieces of legislation are very important for putting in place a national conservation plan. The Fisheries Act and the Canadian Environmental Assessment Act will have to be reviewed.

My question is for you, Mr. Joly and Ms. Clogg. Briefly, what recommendations do you have?

May 15th, 2012 / 1:15 p.m.
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Executive Director and Senior Counsel, West Coast Environmental Law Association

Jessica Clogg

I was emphasizing the fact that the impacts of climate change on our land and water are extremely sobering. We have truly reached a point where the biological underpinnings of our natural capital, our natural heritage, which sustains Earth's life support systems are truly at risk. This includes threats to our clean water, food, ecosystem services—such as air and water purification, and waste treatment—and life-sustaining services, such as recreational opportunities.

Canadian communities are already grappling with water shortages, forest fires, and here in B.C. certainly the mountain pine beetle epidemic, underlining the need to evolve the way we manage our land and water to take climate change into account. This needs to be a central consideration in a national conservation plan.

This includes the imperative to complete our protected area system, particularly our representative system of national parks, and to design these in a way that takes into account the best available scientific information about climate change. This means augmenting the elevational and latitudinal breadth of protected areas, essentially allowing species the space to move north. It means simply protecting more and doing it smarter.

I recommend to you a recent editorial in the journal, Conservation Biology. It emphasized that scientific reviews and studies based on empirical evidence and rigorous analysis consistently indicate that somewhere in the range of 25% to 75% of a typical region must be managed with conservation of nature as a primary objective, if we wish to reach conservation goals and biodiversity protection goals. The realities of climate change militate towards being at the more conservative end of that spectrum.

There may be an additional economic silver lining for doing so. Massive amounts of greenhouse gas pollution are emitted when we degrade natural ecosystems, for example, through logging. Where areas are set aside from logging or from other ecosystem degradation, those avoided greenhouse gas emissions may have a new economic value in emerging carbon markets, as that avoided living carbon is not released into the atmosphere.

Second, I wish to speak to the need for sustainable land and water management outside of protected areas.

Clearly, large, interconnected, representative protected areas must be the cornerstone of any national conservation plan, yet any conservation plan that stops at the borders of protected areas will fail.

In many areas of Canada, habitats that once existed in large blocks have become fragmented by human activity. Outside of protected areas, small patches of older forests may be left, surrounded by clear-cuts, and seismic lines and roads may bisect the landscape. Perhaps most critically in an era of climate change and warming climate, fragmentation can limit the ability of organisms to move in response to changing climate conditions. And I'm quoting here from one of the articles cited in the notes you have: “Even with completely unfragmented landscapes, some species will not be able to move with the rapidity necessary” to avoid extirpation or extinction.

For the past two decades, maintaining or improving connectivity across landscapes has been the action most frequently recommended by scientists for enabling biodiversity adaptation to climate change, and again needs to be a central and forming principle of a national conservation plan.

I need to be clear that I'm not just talking about wildlife corridors. We need to be actively managing the matrix, the area outside of legally protected areas, to maintain functioning natural ecosystems. We need to be thinking about what needs to be left behind on the land to maintain habitat and ecosystem services to give species, and ultimately ourselves, a fighting chance in the face of climate change. Strong environmental laws and conservation-focused land and marine planning are key tools to improve the sustainability of natural resource management.

In particular, as was flagged previously in our submissions on the seven-year review of the Canadian Environmental Assessment Act, a more proactive spatial regional approach to cumulative effects management could go a long way to addressing existing gaps.

I wish also to speak to the honourable treatment of constitutionally protected aboriginal and treaty rights. For the past decade I've had the privilege of working with a number of first nations as they developed land-use plans within their territories and engaged in government-to-government negotiations to reconcile these plans with the plans and regulations of the crown.

I wish to point out that many of the most innovative recent land-use outcomes and conservation gains in British Columbia have emerged from such reconciliation negotiations. A national conservation plan needs to fully embrace the role of first nations governments in shaping land-use outcomes and the constitutional imperative of maintaining and restoring the ecological basis of first nations cultures.

Finally, I want to emphasize that a framework of strong federal and provincial environmental laws must provide the backbone of an effective national conservation plan. For decades, Canadians have depended on our federal government to safeguard our families and nature from pollution, toxic contamination, and other environmental problems through strong environmental law. Canadians hold dear our natural heritage and our ability to have a say about resource decisions that will affect our lives. A national conservation plan cannot hope to effectively achieve its vision and give effect to the principles and elements articulated by the many witnesses you have heard from without a backbone of strong environmental laws, many of which will be dramatically altered by Bill C-38, the 2012 budget implementation bill currently before Parliament.

We are particularly concerned about changes to fish habitat protection and the new approach that limits which projects will be assessed under the Canadian Environmental Assessment Act and the narrowing of environmental effects to be considered. We urge the standing committee to consider in its recommendations the central role that must be played by strong environmental laws in any national conservation plan.

Thank you.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:40 a.m.
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Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Mr. Speaker, the NDP can reference Bill C-38 and other things, but when we do it, it is against the rules. Anyway, whatever, that is the member for Timmins--James Bay.

The reality is, the amendments that were put forward, particularly those from the leader of the Green Party, were serious and substantive amendments, and I understand that. However, the ideas represented therein were not new. They were considered by our government and had been considered over the past two and a half years, throughout this entire process.

We certainly do respect that, but if the NDP's idea concerning debate is just ongoing, never-ending, continuous debate and members can keep putting forward amendments to change “us” to “them” and “we” to “they”, and then condemn us for not considering sometimes frivolous amendments, it is nonsense. We have been debating this for two and a half years. We have considered the ideas. They are thoughtful ideas. They are just reasonable differences of opinion with some of the amendments that were put forward by the leader of the Green Party.

It is not obstruction to say we have had two and a half years of debate, and now two years of debate on a specific piece of legislation. We have considered it. We have thought about it. We have tabled our legislation. We gave signals to Canadians in the election campaign. We put it in our throne speech. We put forward the legislation. We invited Canadians in at the front end through our consultations.

Let us just get on with it, pass this legislation and serve Canadians' interests.

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:35 a.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I have been listening to the Minister of Canadian Heritage now for almost half an hour and he consistently says that there has been debate for two years, two and a half years. That seems to be his yardstick for when it is reasonable to bring in time allocation.

On Bill C-38, the government just rammed through in six days of debate an omnibus bill of 425 pages, dealing with everything from gutting environmental regulations to old age security to changing EI, fundamentally changing how we govern this country.

Would the Minister of Canadian Heritage agree with me that two years may seem to him adequate debate, but if that is the standard then certainly six days is not enough?

Bill C-11—Time Allocation MotionCopyright Modernization ActGovernment Orders

May 15th, 2012 / 10:30 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would agree with the Minister of Canadian Heritage that the bill has had consideration in contrast to a bill such as Bill C-38 that has had none.

My concern is with the approach that the government House leader has taken. We find ourselves on the day of a vote that was not previously on notice. We had notice yesterday of time allocation but we had no idea if it was two or three or four days. There will be extensive votes tonight because there are a lot of substantive amendments to be reviewed.

It would show more respect to opposition members and to all parties in the House if the government House leader were to allow bills to have proper notice. People have plans, such as a charity event in memory of my daughter's best friend. I am sorry to bring up a personal matter. We all sacrifice things so we can stay in the House for late votes. More notice would have shown more respect.

The EnvironmentPetitionsRoutine Proceedings

May 15th, 2012 / 10:10 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the next petition relates to the ongoing threat of supertankers and pipelines across British Columbia.

The signators are from British Columbia, from many spots within it, from my own riding, from Victoria, Brentwood Bay, Saturna, Kelowna area, Summerland and also from Ottawa. They call on this House to respect the current environmental assessment process as it exists before Bill C-38 and to have a full, fair and transparent inquiry.

May 15th, 2012 / 10:05 a.m.
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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Thank you.

With Bill C-38 and the budget that has been announced, cuts are going to affect your work. I would like you to tell me a little about that. Is this something you were expecting? Have you proposed the agencies you were not required to audit? How does this work, in these circumstances?

May 15th, 2012 / 9:10 a.m.
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Martin von Mirbach Director, Canadian Arctic Program, World Wildlife Fund (Canada)

Mr. Chairman, committee members, thank you for inviting the WWF to appear before you today to contribute to your important study on resource development in northern Canada. I'll limit my remarks this morning mainly to offshore oil and gas development in Arctic waters, informed by past experiences in the Mackenzie Valley as well as offshore developments elsewhere.

WWF's mission is to stop the degradation of the planet's environment and to build a future in which humans live in harmony with nature. With 150,000 supporters across Canada and 5 million worldwide, we have an outstanding history of partnership with government and industry in Canada and globally.

Today, as we address this committee, WWF is releasing its eighth Living Planet Report in major capitals and business centres around the world. The key findings of this latest report are that while the global demand for natural resources has doubled since 1966, biodiversity has declined by roughly 30% over the same period. The economic and human costs of poor stewardship in an increasingly populated world could be devastating to the prospects for society and the world's economies.

The WWF recognizes and supports the need for carefully planned economic development in the Arctic, in particular, development that provides long-term sustainable benefits to northerners. We also acknowledge that Arctic development is being contemplated in the context of a projected growth of 500 new projects nationwide in the coming decade, attracting $500 billion in new investments. More than ever, now is the time for our government to step forward and demonstrate convincingly to Canadians that there is a regulatory and policy regime in place that is equal to the task of planning, assessing, and implementing these new projects in a manner that conserves key environmental and cultural values and minimizes conflicts with other social, economic, and environmental objectives.

For example, one key cross-cutting objective is the urgent need for effective action to address climate change, which requires national leadership and coordinated global action. The WWF has published a study, The Energy Report: 100% Renewable Energy by 2050, that charts the potential to achieve a renewable energy future. In this context, new investment in high-cost, high-risk fossil fuel developments is arguably questionable public policy, particularly if it is not accompanied by more effective mitigation actions for national climate change than we've seen to date.

Recent measures embedded in Bill C-38 are designed to accelerate the project review and approval process. An effective and streamlined regulatory approach is certainly a laudable goal, but only if it actually achieves the objectives of the review process—to understand the potential negative impacts and avoid, minimize, or mitigate them. In the case of Arctic offshore oil and gas development, there are reasons to believe that a more cautious approach is appropriate that, if done right, would potentially be beneficial.

Last year we participated in the National Energy Board's review of offshore oil and gas regulations in the Arctic and made several detailed submissions. Our key recommendations are summarized in the presentation we made to the NEB round table in September 2011, a copy of which has been shared with you. This morning I'll simply note a few of the knowledge and technology gaps that exist in the Arctic context.

Compared with other regions of Canada, the Arctic has relatively sparse environmental baseline data on species distribution and abundance. This dearth of information is compounded by the accelerating impacts of climate change in Arctic waters, with significant uncertainties about how ecosystem components will respond to those changes. The impacts of unprecedented new developments in Arctic waters add a further degree of uncertainty to the picture.

It is encouraging to note that the Beaufort regional environmental assessment, although misnamed since it has no assessment mandate, will address many of these knowledge gaps during its five-year mandate. As well, the WWF has recently published an analytical tool for identifying and mapping features that support ecosystem functioning in a changing Arctic.

The challenges of operating under arctic conditions are well-known: woefully inadequate logistical and support capabilities, with technical crews and equipment far distant and difficult to mobilize; short operating seasons; harsh environmental conditions that strain the performance limits of people and equipment; and the unique challenges of spilled oil in icy conditions. Using research prepared for the NEB, we found that during the short summer season in the Beaufort Sea, conditions are likely to be too harsh to deploy emergency response personnel 65% to 85% of the time. Throughout the remaining long winter months, there would be no ability to carry out blowout capping or cleanup operations. The treatments themselves, including dispersants, containment, and in situ burning, are less effective in ice-infested Arctic waters.

To put it bluntly, there's currently no oil spill response capacity to address a sizeable well blowout or large-scale spill in Arctic waters. This message is echoed in a recent report from the leading international insurance company, Lloyd's, which concludes that cleaning up any oil spill in the Arctic would present “multiple obstacles, which together constitute a unique and hard-to-manage risk”, and which urges companies not to “rush in [but to] step back and think carefully about the consequences of that action”.

Lloyds is not the only business interest to question the advisability of offshore oil drilling in the Arctic. WestLB, a bank based in Germany, will no longer loan money to offshore oil projects in the Arctic. As a spokesperson for the bank put it, “the further you get into the icy regions, the more expensive everything gets and there are risks that are almost impossible to manage. Remediation of any spills would cost a fortune”.

As you can see, it's not only conservation groups who believe that we're not yet ready to move forward with offshore Arctic drilling. However, while we address the aforementioned knowledge and technology gaps we can and should simultaneously invest in the full range of preparations needed to move closer to sustainable development in the Arctic.

First, time is needed to develop and test new methods to increase the safety of operations and the efficacy of oil-spill cleanup; to strengthen Arctic support infrastructure, including search, rescue, and spill response capacity; and to provide the training needed for northerners to benefit from new developments in their territory.

Second, there are no easy shortcuts when consulting with affected parties, especially Indigenous rights holders. In this regard, I call your attention to the “Circumpolar Inuit Declaration on Resource Development Principles in Inuit Nunaat”, copies of which have been shared with you. This declaration was developed by and on behalf of the Inuit Circumpolar Council and its constituent members. It recognizes that responsible development, including from non-renewable resources, “can make an important and durable contribution to the well-being of current and future generations of Inuit”. But a common concern throughout is that the pace of development must not outstrip the capacity of Inuit to participate meaningfully in addressing the challenges and taking advantage of the benefits of development. I urge you to study this declaration and to invite the ICC to speak with you about it.

Third, the regulatory review process for offshore oil and gas activity would proceed more smoothly and with less expensive and time-consuming conflict if it occurred in the context of a previously completed regional marine spatial plan. Such a plan would consider all significant activities in an integrated way and explicitly delineate areas where activity can occur as well as sensitive areas meriting special consideration. It would be developed in an inclusive manner involving all stakeholders, resulting in an open, transparent, and accountable decision-making process that produces socially acceptable decisions. These conditions don't currently exist in the Canadian Arctic, although there are noteworthy planning processes such as the Beaufort Sea partnership that can be built upon and learned from. As well, strategic environmental assessment is a tool that can address cumulative impacts and set overall thresholds for an entire region. Investment in upfront ecoregion-wide planning ultimately results in less financial and political uncertainty.

Forth, we have an excellent opportunity to strengthen the circumarctic governance regime for offshore development. Oil spills ignore national boundaries and, therefore, it is in our strong self-interest to ensure consistent and good regulations are in place and effectively implemented throughout the Arctic. Initiatives are currently under way through the Arctic Council—the chair of which Canada will assume in 2013—to create internationally binding rules on offshore Arctic oil development. In taking part in those negotiations, Canada has an opportunity to secure the well-being of its northern people by ensuring that development in Canada and in neighbouring countries is held to the same high standards.

Fifth, we have an opportunity in Canada to develop a truly visionary Canadian energy strategy, charting a course for Canada that is aligned with this country's climate change commitments and that addresses the shortcomings noted in the recent report by the environment and sustainable development commissioner. Opening up new frontiers for oil and gas development without a long-term energy plan that tackles CO2 emissions risks pushing us further from our national goals and international responsibilities. In an increasingly carbon constrained world, this can affect not just Canada's reputation but also our access to markets for our products and services.

In conclusion, there is currently insufficient knowledge and inadequate technology and infrastructure to safely carry out drilling in Canadian Arctic waters. More time is required to address these gaps, but this necessity can become a virtue if at the same time we collectively invest in the research, planning, infrastructure, and dialogue that are the key characteristics of responsible stewardship. It may take longer for new Arctic developments to come on stream, but those developments, whatever they turn out to be, will be better planned; less contentious, with greater social licence; and less risky for investors, governments, communities, and the environment.

The WWF stands ready to work collaboratively with government and industry to chart a course for well-planned and sustainable development in the Arctic.

Once again I thank you for giving me the opportunity to share our views with you.

May 15th, 2012 / 9:05 a.m.
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Jeff Surtees Chief Executive Officer, Trout Unlimited Canada

Thank you Mr. Chairman.

I want to thank the committee on behalf of our organization for the opportunity to appear today and to make submissions. My name is Jeff Surtees. I'm the CEO of Trout Unlimited Canada.

Our organization is a national habitat conservation organization. We were created 40 years ago, in 1972, with the mission to conserve, protect, and restore Canada's freshwater ecosystems. We were started by anglers, by people who like to fish, and we're now supported by anglers and non-anglers alike across the country. We're governed by a volunteer board of directors and have volunteer chapters in the Maritimes, in Quebec—well, we have one in Quebec, but we're going to have a lot more soon—in Ontario, in Alberta, and in British Columbia.

We work with communities and we work with local volunteers. We take pride in being an action-oriented organization. We are completely non-partisan and non-political. The bulk of our funding comes from Canadian individuals and corporations, and only a small amount from government sources at this time. We've always worked cooperatively with industry and governments of all stripes. Our members believe we've earned our place at the table by being an organization that fixes things. We like to do more than to talk about doing.

Our habitat work involves stream restoration, monitoring, and assessment, all based on sound science. To our members, a cold-water stream or river is a place of almost infinite beauty, a place where life begins. Our work also involves educating schoolchildren through our Yellow Fish Road program. In that program, thousands of participants go out with their class or community group and paint a small yellow fish on a storm drain in their community to remind people that everything in the physical world is connected. Storm drains are connected directly to rivers, and by pouring something down a drain you're pouring it right into some animal's house.

We were provided with five questions to guide our submissions today, and I'm going to focus my remarks on just the third and fourth of those questions, which were: what should the guiding principles of a national conservation plan be, and what should the conservation priorities of a national conservation plan be? Then we'll make a short comment on the fifth question, which is, what should the implementation priorities of a national conservation plan be?

The first question—which is the third question—is what guiding principles should govern in a national conservation plan. We have four guiding principles to suggest. They are very consistent with the comments that have been made to you by the other people giving testimony today.

The first guiding principle that we suggest is that the national conservation plan must be based on sound science. Conservation and restoration require a deep understanding of the biophysical conditions and processes that create habitat where animal and plant populations live. A conservation plan must use the best science available to ensure that we maintain and restore these biophysical functions. When we say “based on sound science”—and we hear that phrase in a lot of contexts these days—to us it means that the plan is guided by information that is measurable and is measured; that it identifies the links between physical structure and the actual functioning of a watershed or landscape; and thirdly and very importantly, that it addresses the cumulative effect of all activities within the watershed or landscape.

The second suggested guiding principle relates to scale. Conservation planning must be done at an ecologically relevant geographic scale and on an ecologically relevant time scale. We submit that the proper geographic scale for the individual components of the national conservation plan must be, at a minimum, the scale of the entire ecosystem or the entire watershed in question. The proper time scale must be very long. The decision has to be based on thinking that is at least decades, if not hundreds of years, into the future rather than on the expediencies of the day.

The third suggested guiding principle is that the national conservation plan should strive to educate all Canadians about ecology. We just have to raise the bar of common knowledge. Increased ecological literacy should, we believe, lead to a deeper level of caring, which should, we believe, lead to positive participation in community action. People who care and people who know a little more will care more and will do more in a positive way.

The fourth and final guiding principle that we suggest is that the implementation of a national conservation plan must be adequately funded and resourced. It absolutely must have long-term support from all levels of government. If the plan includes work to be done by groups like all of ours here at the table, there must be mechanisms in place to help those organizations within the non-profit sector to remain sustainable. Many very good organizations spend a great deal of time and effort just trying to stay alive.

I'm going to move to question four, the conservation priorities that should be included in the national conservation plan. Our belief is that if we get the guiding principles right, the conservation priorities should flow directly from them. I'm only going to comment on conservation priorities that fall under Trout Unlimited Canada's mandate as an organization, which is dealing with small freshwater streams and rivers. Many other priorities that other organizations will probably put forward will be equally valid.

Guiding principle number one that we have suggested is that the plan must be based on sound science. The science that we have put together shows that work can be prioritized and be made more effective that way. The prioritization we use is this. The highest priority work to be done on small streams and rivers is that work which improves water quality. First, you think about quality. The second highest priority is work that maintains or improves the quantity of water in a system. The third and fourth highest priority work would be to improve physical habitat, and to work directly on managing fish populations through stocking or removing fish from a system, and in both cases, focusing on the maintenance and restoration of native species before non-native species. Again, the conservation priorities to be consistent with the guiding principles would be implemented on a minimum of a watershed scale in a manner that can be sustained indefinitely.

I'll move to question five. I have a brief comment on it. What should the implementation priorities of a national conservation plan be? This is a very difficult question for us. We had a lot of debate among our board members, and I have received a lot of calls from our members about it. It's a difficult question for us to address right now because, Mr. Chairman, we were asked to stick to the agenda—the matter directly before the committee, and I will do that—but everything is connected.

The work that is being done under Bill C-38, the changes that are being made, directly affect the work of this committee. It's a fact. When we're asked for recommendations about implementation plans, we think, “How we can do that?” We have to know what the regulations are going to say that are being brought in under the changes to the pieces of legislation in the bill. That's where the implementation is going to be. It is connected to the national conservation plan. As I say, we will work cooperatively with whatever system our elected representatives put in place. We will work under that, and we will offer our services to help. We believe, as an organization, that if an activity, industrial or otherwise, causes harmful alteration, disruption, or destruction of fish habitat, an environmental assessment must be triggered. That is being changed, we think. We have to be against that.

A national conservation plan, to live up to its name, has to be a big thing, a grand thing, a thing of great vision, something the whole country can be proud of, and something that is supported across all levels of government—municipal, provincial, and federal. The whole of government has to act in a way that is consistent with that theory, or little will have been accomplished.

I thank you for your work on this committee and look forward to participating further. Those our submissions.

May 15th, 2012 / 8:55 a.m.
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Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Ms. Chow's motion deals with Bill C-38, which is a bill for jobs, growth, and long-term prosperity. Canadians elected us with a strong mandate to create jobs, promote growth, and bring about long-term prosperity, hence the bill.

Therefore, especially in these times of economic uncertainty, when we see the consequences of big government overspending in places like Greece and throughout Europe, it's important for us to pass this low-tax plan and to get busy balancing the budget so that our economy can be strong and our people can prosper.

Therefore, I move that we adjourn debate on the motion.

May 15th, 2012 / 8:50 a.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Thank you, Mr. Chair.

What I want to do is really find some ways to talk about the motion that was in front of us last Thursday. I can assure Mr. Burke that we will definitely hear him and that we will definitely have a chance to discuss Westport's contribution to the new emerging technologies.

When I left off last week I wanted to talk about the importance of our committee studying the three changes in front of our committee in Bill C-38. I was reading the first changes that we have in front of us. I believe there are two sections that are being changed in the Railway Safety Act, which we really need to study. The first one is section 16 of the act, to which would be added after subsection (5), which gives the order in council:

(5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).

Subsection (4.1) was added to say that:

if...the proponent of the railway work...is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs.

My question is, why is that 12.5%? If it's a higher percentage, why is it a higher percentage, etc.?

And then there's another section. It basically asks that the regulation would be published for a short period of time so that people would be able to comment.

That's the first change that we really need to look at.

The second change is to the Canada Marine Act, and it won't take very long.

In the Canada Marine Act, again, if any port authority wants to borrow money, that has to be approved by the Governor in Council, i.e., the cabinet needs to approve how much money is being borrowed. I'm not necessarily against that. I think it's a good idea to have the order in council, but again, we really need to look at why there is a change.

So basically there are three parts that were changed. The first one is in the Railway Safety Act, with the 12.5% question; the second part is the one giving the power to cabinet to exempt any railway work in any application; and the third is the part of the Canada Marine Act that asks that the Governor in Council must approve any borrowing.

Actually, there's another portion about the appointment of CEOs of airlines, I believe, that are governed by the government; they have to be picked by the Governor in Council, the cabinet. Again, there's a centralization of power. I question why that has to occur. That's why my motion is to request that this committee examine the changes in Bill C-38, which is the budget bill that we voted on yesterday.

It's in front of the finance committee, but I don't believe the finance committee will look at matters that are related to the Transport Canada portfolio.

The House resumed from May 11 consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Report StageCopyright Modernization ActGovernment Orders

May 14th, 2012 / 6:30 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I appreciate the fact that the MP spoke to the bill itself. Today we have heard Conservative members speak to other bills and speak generally about Bill C-38, such as the member for Nipissing—Timiskaming or the member for Oak Ridges—Markham, and lecture us about not telling the truth.

My question is simple and is directed to the member for Oak Ridges—Markham. Conservatives talked about the government creating jobs directly through this legislation. How many jobs are going to be created through Bill C-11?

Oral QuestionsPoints of OrderOral Questions

May 14th, 2012 / 3:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I hope this is properly put as a point of order. I noted earlier in question period, in debate, that the Conservative members of Parliament made note of the long speech of the hon. member for Burnaby—New Westminster and claimed that it had prevented people from speaking to the elements of Bill C-38.

I merely wish to point out that long after the member for Burnaby—New Westminster ceased speaking, Bill C-38 was introduced two weeks later.

Aboriginal AffairsOral Questions

May 14th, 2012 / 3 p.m.
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Vancouver Island North B.C.

Conservative

John Duncan ConservativeMinister of Aboriginal Affairs and Northern Development

Mr. Speaker, increased borrowing limits for the territories is a vital step toward increased prosperity for northern communities. It will be used to support critical infrastructure projects such as the road between Inuvik and Tuktoyaktuk, a project the NWT government and aboriginal leadership support.

I urge the NDP member from NWT to reverse his stance and support Bill C-38. Northerners benefit from this government's successful agreement with the territories.

Jobs, Growth and Long-term Prosperity ActStatements By Members

May 14th, 2012 / 2:10 p.m.
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Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, economic action plan 2012 promotes jobs, growth and economic prosperity for all Canadians. We do this by keeping taxes low, so that businesses will expand and hire more people.

However, it was no surprise on March 29, after only a few hours of review, that the tax-and-spend NDP declared its opposition to this pro-jobs and pro-growth plan.

Tonight we will implement a key part of economic action plan 2012 by supporting Bill C-38. This vote will implement a plan that will help create more new jobs on top of the more than 750,000 net new jobs that have been created since July of 2009.

Instead of playing silly procedural games, maybe the NDP should start acting responsibly, focus on the economy and support a real plan that will create jobs and growth for all Canadians.

Nutrition Among ChildrenPrivate Members' Business

May 11th, 2012 / 1:35 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, first of all I would like to once again thank my colleague from Ottawa—Orléans for this motion.

Obesity is a chronic disease that is becoming increasingly prevalent among children and youth. Today, 26% of children between the ages of 2 and 17 are overweight or obese. Setting aside the statistics, we are dealing with children who are made to feel self-conscious by others. In addition to living with the physical problems caused by obesity, such as diabetes and respiratory difficulty, overweight children are often the targets of teasing and bullying in the street or schoolyard. The insults often leave permanent scars.

A study by Dr. Wendy Craig, a professor of psychology at Queen's University in Kingston, indicates that obese children are more often victims of abuse, which robs them of their confidence and self-esteem.

Dr. Rebecca Puhl, a professor at Yale University in Connecticut, has also studied the psychological effects of childhood obesity. In addition to affecting their self-image, abuse fuels their unhealthy eating habits and inactivity.

Childhood obesity also increases the risk of adult obesity. According to the Heart and Stroke Foundation, an obese 4-year-old is 20% more likely to become an obese adult. This rate increases to an alarming 80% for adolescents. Over the span of a quarter century, the rates of obesity among children and youth have almost tripled in Canada. We are now seeing children with “adult” problems such as high cholesterol, sleep apnea and high blood pressure.

We must remember that the causes of obesity can be a combination of social, cultural, environmental and economic factors and that some populations are at greater risk than others. Aboriginal populations have a high rate of obesity. Approximately 20% of aboriginal children aged 6 to 14 living off-reserve are obese. And for children living on-reserve the rate is even higher—26%.

One of the causes is that it is difficult for aboriginal people to access healthy food that is affordable. For example, a litre of pop is often three times cheaper than a litre of juice or milk.

Healthy and nutritious foods—fresh fruits and vegetables, for example—are more expensive and harder to find the further away we get from large urban centres. The rate of obesity is often higher in rural areas and in the far north of Canada.

Access to nutritious food is therefore a major part of the problem. Many people cannot afford to buy these foods. Over 800,000 Canadians need to use food banks to survive and, today, over 2.5 million Canadians are affected by food insecurity.

Nevertheless, the right to food is recognized by most of the major international conventions that Canada has signed. The first of these to come to mind may be the Universal Declaration of Human Rights, but there is also the Convention on the Rights of the Child. Article 24 of this binding treaty requires states parties to “combat disease and malnutrition...through the provision of adequate nutritious foods and clean drinking-water”.

The situation in Canada has deteriorated to the point where the UN rapporteur on the right to food is here in Canada, and has been since Tuesday, on a mission to assess the situation. The rapporteur will consider access to healthy and affordable food for vulnerable groups such as children, aboriginal people and people in remote areas. He will examine factors such as obesity, malnutrition, and food production and distribution.

Today, junk food is everywhere and is offered at low prices by large fast food chains, while healthy, nutritious, locally produced foods are often more expensive and more difficult to find. Some elementary and secondary school cafeterias still have french fries, hot dogs and hamburgers on their menus. Some snack bars are strategically located close to schools. Young people simply have to cross the street at lunch time to get a poutine. This certainly does not help combat childhood obesity.

Physical inactivity is also an important contributing factor to the growing problem of childhood obesity. Many parents cannot afford to register their children in sports or to buy the equipment needed for these activities. In small communities, there is often not enough funding to build sports infrastructure. Even the way our cities are designed does not encourage people to be active. This motion makes it possible to continue the public debate on the critical issue of obesity. But right now, we need more than debate: we need to take action. All the experts are saying so.

Obesity is not just a health problem. It is a problem that is costly for society as a whole. A recent analysis conducted by the Public Health Agency of Canada showed that the total cost of obesity is estimated to be $4.3 billion—$1.8 billion in direct health care costs and $2.5 billion in indirect costs.

There is no more time to lose. Studies, expert committees and recommendations have been piling up for years, but the government still refuses to do anything about it.

This motion is based on the Declaration on Prevention and Promotion signed by federal, provincial and territorial health ministers, and on the framework for action on curbing childhood obesity. The declaration states that population health depends on environmental, social, economic and cultural factors in society. We need measures to tackle the social and environmental conditions I have just described: taking into account remoteness, the price of food, the need for infrastructure that supports physical activity and junk food regulation, among other things.

Unfortunately, I am not aware of any useful measures the government has introduced recently to address these issues. Worse still, Bill C-38 undermines all existing regulations that might help people achieve better health.

I would also like to remind the House that, in 2005, as I mentioned earlier in my question, the federal government set up a trans fat task force, which recommended limiting trans fat content to 2% of total fat content for all vegetable oils and spreadable margarines, and 5% for all other foods.

In 2007, the government agreed to all of the recommendations and gave the industry two years to voluntarily reduce trans fat content in its food products. Some companies took action, while others did nothing. In 2009, the Minister of Health, the current Conservative minister, promised to take further action, but we learned recently that the plan to draft regulations was aborted. In February, a research centre obtained documents under the Access to Information Act showing that in 2010, the minister ordered the regulatory plan scrapped.

Why? Such measures would have helped fight child poverty. That was one of the recommendations made by the Standing Committee on Health in 2007 when it studied the issue. The committee also recommended establishing childhood obesity reduction targets to bring the obesity rate down to 6% by 2020. The committee also recommended implementing measures with the first nations to address problems of access to food.

All of these measures could make a real difference in the fight against childhood obesity.

The NDP has always pushed for regulations governing trans fat content in foods. In 2004, the member for Winnipeg Centre introduced a private member's bill that was adopted unanimously.

Another group of experts, who studied sodium in processed foods, also made recommendations to the minister two years ago. We know that high sodium intake is a significant risk factor for high blood pressure, strokes and heart attacks. The working group recommended an annual reduction of 5% in sodium intake until 2016.

Guess what? The government decided to disband the working group. In December 2010, the minister said that she no longer needed the group. We do not know what strategy the government will adopt with respect to reducing sodium in food.

One member of the group, who is also the national coordinator of the Centre for Science in the Public Interest, had this to say:

What is worrisome, is not just that the group was dismantled, but that the minister has remained silent about the future of our recommendations. This suggests that the department is not on the same page as the group's experts.

So why is this government afraid of experts, researchers and scientific facts? Why set up working groups on trans fats, sodium, the environment, the F-35s and others, and then dismantle all these groups and reject all their recommendations? Is this government protecting the interests of some—industry, to name just one—to the detriment of all Canadians?

In short, with regard to what we are discussing today—childhood obesity—I will support the hon. member's motion, but at the same time, I would like to remind the House that, although the causes of obesity are complex, we know what can be done to tackle this issue. The time for debate and discussion is over: it is time for action.

I hope this government will take the action necessary to combat childhood obesity in order to protect children's health today and in the years to come, and will take into account the recommendations by the expert panels that it put in place itself.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 1:10 p.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Madam Speaker, things are looking very bad. I really mean it. The Conservatives have invoked closure for the 18th time on a bill that is over 400 pages long.

Bill C-38 is no mere budget implementation bill. It is an omnibus bill that amends at least 60 Canadian laws. The proposed measures are so numerous and will have such serious consequences that people will be feeling their effects for decades, not just over the coming year.

We need enough time to study such a far-reaching bill. If the Conservatives truly believed that the measures in this bill were reasonable, they would split it up and make real debate possible. Instead, they would rather do things on the sly. What are the Conservatives really afraid of?

Canadians are fed up with the government's lack of transparency. The Conservatives should lay their cards on the table. But that is not what they are doing. By using Bill C-38 as a Trojan Horse, the Conservatives have made it clear that they have a hidden agenda. Our fellow citizens want all of the necessary information about the proposed measures. They have the right to know. But being transparent is not how the Conservatives operate, and all Canadians will end up paying the price for that.

Bill C-38 reduces the Auditor General's oversight powers. This is the same Auditor General who said two weeks ago that Conservative ministers knew the real cost of the F-35s. How can the Conservatives possibly justify to Canadians this decision to slash away at an institution as important and respected as the Auditor General? My constituents and I find this very disturbing.

In terms of jobs, Bill C-38 only makes matters worse; it does not improve anything. The Parliamentary Budget Officer recently confirmed that the most recent budget will lead to the loss of up to 43,000 jobs by 2014. From a strictly economic standpoint, every member of this House should be considering the consequences of so many lost jobs on the economy in our communities and on Canada's economic recovery.

When a factory that employs 1,000 people shuts down, the socio-economic repercussions are felt in that region immediately. Suppliers, small and medium-sized businesses and families are all affected. What the Conservatives are proposing is the equivalent of closing 43 factories that employ 1,000 people each, all across Canada.

The Prime Minister made a commitment to Canadians to create jobs, not to increase unemployment, which is what he is doing. In my riding of Hull—Aylmer, several thousand people—people who have families—are going to lose their main source of income, all because of the Conservatives' austerity budget.

Meanwhile, the government continues to claim that its top priority is employment. How can it seriously tell Canadians that its priority is job creation, when it plans to cut 43,000 jobs? Any good economist will agree that job losses have a negative impact on household spending. When Canadian families are not spending money, small businesses are forced to close. And when small businesses shut down, people lose their jobs. It is a vicious circle, as we know. The Conservatives should know that.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 12:55 p.m.
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Newmarket—Aurora Ontario

Conservative

Lois Brown ConservativeParliamentary Secretary to the Minister of International Cooperation

Madam Speaker, I am pleased to have the opportunity to speak on Bill C-38, the budget implementation act. Indeed, I am proud to participate in this debate, the longest ever allotted for a budget bill certainly within the last 20 years.

Our government's priority remains the economy. This budget is squarely focused on job creation and economic growth for today and into the future. It has been said before, and it is worth repeating, that the best way to reduce poverty is to ensure that Canadians have jobs. That is exactly what this budget will accomplish. How will we do that? By keeping taxes low, investing in our future, creating opportunity and returning to balanced budgets at an appropriate pace. At the same time, we are supporting our families, investing in our communities and taking care of our most vulnerable.

Our government has proven to be excellent managers of the economy. In fact, we are the envy of the world. As members know, Forbes magazine ranks us as the best country on the planet in which to invest and grow a business. That is not accidental, but a result of six years of focused work.

In 2006, members may recall, we launched Advantage Canada, our strategic and comprehensive economic plan to foster strong, sustainable, long-term growth. We set out to show the world who and what we are, a modern, dynamic and tolerant country. We did this by understanding and building on Canada's advantages.

Our tax advantage comes from setting out to reduce taxes for all Canadians and establishing the lowest tax rate on new business investment in the G7. Our fiscal advantage comes from charting a course to eliminate Canada's debt. I am proud to say that we paid down $37 billion before the global recession struck in 2008. Our entrepreneurial advantage comes from committing to reducing unnecessary regulation and red tape and increasing competition in the Canadian marketplace. Our knowledge advantage comes from creating the best educated, most skilled and most flexible workforce in the world. Our infrastructure advantage comes from building the modern infrastructure we need.

We set out four principles which would guide our policy decisions to improve our quality of life and make Canada a world leader for today and future generations.

We are focusing government on what it does best, so that it is responsible in its spending, efficient in its operations, effective in its results and accountable to taxpayers.

We are creating new opportunities and choices for people by creating incentives for people to excel right here at home, reducing taxes and investing in education, training and transition-to-work opportunities so that Canadians can achieve their potential and have the choices they want.

We are investing for sustainable growth by investing and seeking partnerships with the provinces and the private sector in strategic areas that contribute to strong economies, including primary scientific research, a clean environment and modern infrastructure.

We are freeing businesses to grow and succeed to create the right economic conditions to encourage firms to invest and flourish.

I raise these points today because it is important for Canadians to know that their government has a focused, long-range strategic plan committed to improving their quality of life. Our economic plan is working. Budget 2012 is a continuation of our unwavering commitment to keep Canada the envy of the world.

I am proud to be a member of a government that understands the fundamental economic principle that resources are limited, and that there is only one taxpayer. Unlike the opposition, we understand that governments cannot continually raise taxes. Indeed, government, just like all Canadians, has to keep its house in order. That is what we are doing with budget 2012. We are getting our house in order. Through generating ongoing savings from operational efficiencies and making modest reductions, we are on track to returning to balanced budgets over the medium term. I emphasize that we are doing this without reducing transfers to persons or to other levels of government.

In fact, federal transfers to provinces and territories will reach an all-time high this year of $59 billion, which is $3 billion more than last year.

The facts speak for themselves. We have created almost 700,000 net new jobs since the recession ended in July 2009. These are good jobs: 90% of them are full time. We are one of only two G7 countries to regain all of the jobs lost in the recession. We continue to garner global praise for our management of the economy.

I mentioned that our priorities are jobs, economic growth and long-term prosperity. I would like to highlight some of the ways we are accomplishing these.

We are lowering taxes. Today the average family of four is paying $3,000 less in taxes than when our government took office in 2006. We did this by reducing the GST from 7% to 5%; allowing seniors to split their pensions between spouses; establishing a working income tax benefit for low-income, working Canadians; establishing the registered disability savings plan and the tax-free savings plan; reducing the lowest personal income tax rate from 16% to 15%; and bringing in measures such as the children's arts tax credit, the children's fitness tax credit and the very popular tax-free savings account.

We reduced business taxes. By reducing corporate taxes to 15%, we are now one of the most attractive places to invest, an incredible advantage we worked hard to achieve. We will see the benefits of this now and in the future. We cut the small business tax rate to 11% and we increased the threshold to $500,000. In total we have provided $60 billion in business tax relief, money that is available for reinvestment, purchasing and, most importantly, hiring.

We created new opportunities through trade. Since 2006 we have signed nine free trade agreements. These are benefiting people in Newmarket—Aurora and all of Canada. As a result, our businesses are benefiting from new economic opportunities that extend beyond our borders. We have exciting possibilities with many more agreements. They are progressing with the EU, India and Japan, just to name a few. Economic action plan 2012 proposes to intensify Canada's pursuit of new trade opportunities.

We are growing the economy by creating value-added jobs through innovation. Canada's long-term economic competitiveness in the emerging knowledge economy demands globally competitive businesses that can innovate, collaborate and create high-value jobs.

We are enacting a comprehensive plan to improve support for business innovation and to make Canadian firms compete better in the global marketplace. We are doing this by investing $1.1 billion to directly support research and development. We are refocusing the National Research Council and injecting an additional $110 million into that institute, which will include the doubling of support for the international research assistance program.

We are helping high-growth, innovative firms to access risk capital by making $500 million available for venture capital activities. This is most welcomed by the entrepreneurs in my riding of Newmarket—Aurora. Investments through programs like the Federal Economic Development Agency for Southern Ontario and the industrial research assistance program have helped businesses expand, bring products to market and create jobs. Companies like Gum Products, Axiom, Your Solar Home and Treefrog International have all added high-value jobs and helped diversify our local economy.

We are making investments to assist more young people gain the skills and experience they need by investing in training, infrastructure and opportunity. We are putting $30 million into the opportunities fund to help Canadians with disabilities acquire work experience. We are making EI predictable for employers, allowing them to better make employment decisions while removing the disincentive to work at the same time.

We have also reduced red tape for businesses. Reducing red tape is good for everyone. It helps our businesses compete and creates jobs for Canadians. It represents a low-cost way to stimulate the economy and boost productivity. That is why we are working hard for Canadians.

I look forward to questions from my colleagues.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 12:40 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I am happy to have this chance to speak in the House today about this Trojan Horse budget. I was concerned that all discussion would be shut down by the government because, unfortunately, this is a budget that includes many separate bills that have very little to do with fiscal management.

If passed, this omnibus bill of over 400 pages would do little to get our economy going or to help people get back to work. What it would do is gut environmental protection, rewrite Canada's fishery law and change the age of retirement in this country.

While this so-called budget implementation bill is supposed to implement the budget, it would go far beyond what was outlined in the recent federal budget. Quite simply, it is profoundly inappropriate for the government to put so many sweeping changes to so many different areas in this omnibus bill. It is bad public policy and it is becoming abundantly clear that the members opposite are trying to hide from their obligation to provide responsible oversight. Rather, they seem determined to avoid accountability.

I want to highlight some of the key changes this bill would make.

It would raise the age of eligibility for OAS and GIS from 65 to 67.

It would repeal the Kyoto Protocol Implementation Act. This would mean the government would no longer be required to report on its greenhouse gas emissions under the act. It would gut the environmental assessment regime and fish habitat protection in order to speed up major projects, including pipelines.

It would give cabinet the ability to ignore the National Energy Board and approve a project that the NEB has turned down. It would delegate environmental assessments to other authorities, including the provinces, and would change the definition of “interested parties” to weaken public participation in environmental decision-making to exclude anyone not directly affected by a project.

It would eliminate the Inspector General of CSIS. This would drastically reduce accountability at CSIS.

Also, it would eliminate Auditor General oversight of a number of agencies.

It would repeal the Fair Wages and Hours of Labour Act. This would allow employers to undercut union wage rates for construction workers engaged in projects funded by the federal government.

It would amend the Employment Equity Act so that it would no longer apply to federal contractors. This is a direct attack on women, aboriginal peoples, persons with disabilities, and visible minorities.

It would amend the rules for determining the extent to which a charity has engaged in political activities and would modify the rules for registering certain foreign charitable organizations as donors.

It would amend the Seeds Act to potentially allow private contractors to perform food inspection.

It would also remove foreign ownership rules for wireless telecommunications companies with less than 10% market share, and would allow foreign-owned companies to grow beyond a 10% market share.

It is very interesting to note that the Conservatives claim that budget 2012 is about job creation, but the Parliamentary Budget Officer says that this budget would cost 43,000 Canadian jobs. In fact, the budget actually plans for unemployment to rise.

Bill C-38 would also gut workers' rights. As I indicated, it would repeal the Fair Wages and Hours of Labour Act, which was created in the 1930s to set minimum standards for wages and hours of labour for construction workers engaged in projects funded by the federal government. In practice, removing these minimum standards would allow employers to undercut prevailing wage rates. How would making it difficult for workers to provide for their families help create jobs?

The bill would also amend the Employment Equity Act so that it no longer would apply to federal contractors. This is a direct attack on women, aboriginal peoples and visible minorities, as I said. Ten years ago, it was recommended that the employment equity provision for the federal worker contract program be strengthened through legislation. Instead, the government is deliberately weakening these provisions.

Bill C-38 targets immigrants with its proposed changes to the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008, by allowing for a returning of the applications from federal skilled workers who applied to come to Canada before February 27, 2008. It would cause the fees of these workers to be refunded. What is not clear is how and who decides who gets pushed out of line and whether or not it will be voluntary. This is not a fair way to deal with the immigration backlog. Many of these applicants have already waited for years to have their applications considered.

The bill would also amend the Immigration and Refugee Protection Act to authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class.

As I mentioned previously, Bill C-38 proposes changes to OAS by gradually raising the age of eligibility to retire from 65 to 67. While the Conservatives claim that this is necessary, the reality is that OAS is sustainable as it is and we can absolutely afford to ensure all seniors are free from poverty and live in dignity.

This is about making smart choices and intelligent practical investments. It makes much more sense to invest in people, our seniors, not in megaprisons, fighter jets and tax cuts to profitable corporations.

New Democrats fundamentally disagree with this proposed change to the age of retirement, and seniors do too. According to CARP, its members soundly reject raising the OAS eligibility age and see better ways to help younger Canadians, such as increasing job opportunities. CARP has been clear and is on the record stating:

The age of eligibility for OAS should not be increased from 65 to 67. If there is a need to relieve budgetary pressures, there are other options such as the potential savings from health care reform or the reduced military spending once the Afghan mission is complete. A fundamental change such as raising the OAS eligibility age should be fully debated especially given that the issue was not put before the voters and the implementation date is far enough away to allow for measured deliberations.

Unfortunately, the government is curtailing debate and attempting to silence those who do not agree with it.

CARP is not alone. The National Pensioners and Senior Citizens Federation argues that the government is not being honest about the ability to pay the OAS obligations. Several economists, internal finance department studies and even the Parliamentary Budget Officer all conclude that the existing OAS obligations are sustainable. The government's own figures prove that OAS is affordable now and in the future, because after 2030, the cost of OAS as a proportion of GDP will decline rapidly and significantly.

Tragically, in its efforts to sell this so-called OAS crisis, the feds have found some seductive words to try to persuade young workers and make them believe that making matters worse for them in retirement is somehow a fairness issue. Talk about the big lie. The current generation is not just being squeezed by income inequality, but will also face declining retirement security in their senior years.

Quality pension plans are under attack in both the public and private sectors. Only one-third of Canadian adults can afford RRSPs. The CPP is not being upgraded, despite the near consensus of provincial finance ministers just over a year ago that it was important to make pension improvements. Now the government is preparing to make negative changes to OAS for future retirees.

It does not have to be this way. Spending, taxation and other public policy decisions are always, in the end, political decisions.

I am convinced the people of this country do not believe the government is doing the right thing. They have been very clear that they do not wish to see the decline of our OAS.

How could a responsible government ever contemplate such a thing while recklessly proceeding with the purchase of non-tendered fighter jets and corporate tax cuts that continue to deny the country the needed revenue to finance our social programs? For the fifth year in a row, the government has given huge tax breaks that are tacked on to the public debt. It is the next generation that will pay the bills and be denied a decent pension. Some fairness.

It is not just me or seniors' organizations that see the problems here. Edward Whitehouse, leader of the OECD pension team, has clearly stated:

The analysis suggests that Canada does not face major challenges of financial sustainability with its public pension schemes....Long-term projections show that public retirement-income provision is financially sustainable. Population ageing will naturally increase public pension spending, but the rate of growth is lower and the starting point better than many OECD countries. Moreover, the earnings-related public schemes (CPP/QPP) have built up substantial reserves to meet these future liabilities.

We need to listen to this with clarity. It is pension expertise. It is also essential that we consider the people who will be hurt--

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 12:25 p.m.
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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Madam Speaker, I rise in the House today to speak to Bill C-38, the jobs, growth and long-term prosperity act, legislation to implement key initiatives contained in the 2012 economic action plan.

When we introduced the first phase of this plan more than three years ago, the Canadian economy was threatened by a looming recession, begun beyond our borders, yet endangering our prosperity. Acting decisively, our Conservative government introduced temporary measures to fight the effects of the global recession through stimulus to safeguard jobs and protect the incomes of Canadians, while making important investments to ensure long-term growth.

Today the positive impact of our plans is abundantly clear, despite the misguided commentary we hear from the opposite side of the House. One should not take that opinion from me. Patricia Croft, former chief economist with RBC Global Asset Management, recently said, “In a global context, I think Canada is in a fabulous position. Canada continues to manage its fiscal affairs in a fabulous fashion”.

Thanks to our plan, our fiscal record is second to none. Although judging from their remarks throughout the debate on the bill, opposition members seem to be ignorant of these facts.

Both the IMF and the OECD have forecast that Canada will have among the strongest record of economic growth in the G7, both this year and next. Not only that, but for the fourth year in a row the World Economic Forum has rated Canada's banks as the most solvent in the world.

We all know that the prestigious Forbes magazine has ranked Canada number one in its annual review of the best countries in which to do business. The three major international credit rating agencies, Moody's, Fitch Ratings and Standard and Poor's have reaffirmed their top ratings for Canada.

I think it is clear to anyone who is listening that under our government's stewardship, Canada has weathered the economic storm with strength and the world has noticed.

This praise is not hollow. In truth, it speaks to the sound fiscal planning that has been the hallmark of this government. Our economic resilience reflects the actions our government took before the crisis, lowering taxes, paying down debt, reducing red tape and promoting free trade and innovation. I am proud the prudence continues to be reflected in action plan 2012 and in the measures contained in Bill C-38.

While my time is limited, I would like to speak specifically to our government's actions to ensure the retirement security of Canadians, as these measures reflect our commitment to fiscal planning that is sustainable well into the future.

This is of particular importance to my constituents in Okanagan—Shuswap, as we are the number two destination for Canadians to retire, and we actually have the largest number of seniors per capita in any place in Canada.

Since 2006, our government has taken steps to strengthen Canada's retirement income system, including increasing the guaranteed income supplement for the most vulnerable seniors, introducing pension income splitting, increasing the age credit and creating innovative savings vehicles like the tax-free savings account and co-registered pension plans.

Economic action plan 2012 takes further steps to ensure that Canadians will have access to a secure retirement for years to come by ensuring the sustainability of old age security and the guaranteed income supplement by gradually raising the age of eligibility from 65 to 67, starting in 2023.

The facts on OAS are clear. The OAS program was conceived at a time when Canadians were not living the long and healthy lives that we are today. We know with certainty that over the next 20 years the number of Canadians over the age of 65 will increase from 4.7 million to 9.3 million. Consequently, the cost of the OAS program will increase from $36 billion per year in 2010 to $108 billion per year by 2030. Meanwhile, by 2030, there will only be two taxpayers to support every senior, down from four to one in 2010.

We are not the first government in the world to recognize this inevitable demographic reality. Many countries are increasing the age of eligibility of their public pension programs. Of 34 OECD countries, 22 have recently increased, or announced plans to increase, the eligibility age. It is a long list that includes: Australia, Austria, Belgium, the Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Ireland, Israel, Italy, Japan, Korea, the Netherlands, the Slovak Republic, Slovenia, Spain, Turkey, the United Kingdom and United States.

This change in Canada does not start tomorrow. It would start in April 2023, with full implementation by January 2029. That is a 17-year notification period and, as such, it would not affect anyone who is 54 years of age or older as of March 31, 2012.

There is no question that this is the right move to ensure that our generous system of retirement benefits is there for Canadians when they need it most. Just listen to the words of the Globe and Mail editorial board, speaking directly to the measures contained in the bill that the opposition is voting against. It said, in part:

The two-year deferral of the Old Age Security for those now below the age of 54 is a fair and reasonable adaptation to an era of greater longevity and mostly prolonged health... Likewise, the reform of public-sector pensions, by higher employee contributions and a normal retirement age, will before long greatly relieve strains on the public purse....[The Prime Minister] and [the Minister of Finance] can, and do, truthfully say that the federal government’s finances are on track....Ottawa’s books of account are headed in the right direction. This is why the Conservatives were elected, to prudently manage public finances in a tumultuous time.

Canadians have told us that as they live longer and healthier lives, many older workers wish to remain in the workforce and increase their retirement income. Our changes to the OAS program reflect this new reality, while assuring that the OAS program is on a sustainable path.

To this end, we are also improving the amount of flexibility and choice Canadians can exercise by allowing the option of deferring the take-up of their OAS benefits to a later time. This way, should Canadians wish to work and save a little longer, they will receive higher annual benefits when they eventually collect their pension.

This too has received support from the strongest voice of Canada's small business community. The Canadian Federation of Independent Businesses has said, “[we are] supportive of the idea that Canadians should be incented to work longer by receiving additional OAS if they push back their retirement”.

Further, we are working to provide increased support to the retirement income system with pooled registered pension plans. These will provide an accessible large-scale and low-cost pension option to employers, employees and the self-employed.

Not only that, we will continue to deliver on promises to Canadians to keep taxes low and return to a balanced budget over the medium term.

The House resumed consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Jobs, Growth and Long-term Prosperity ActRequest for Emergency DebateRoutine Proceedings

May 11th, 2012 / 12:15 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I am pleased to rise in the House to request an emergency debate on the possibility of splitting the budget implementation bill, also known as Bill C-38.

As you probably know, a week ago now, the hon. member for Parkdale—High Park, the House Leader of the Official Opposition and I tried to work with the government to split the bill into separate pieces that could be studied more thoroughly.

This bill is very large, has a very broad scope and affects over 60 laws. That is why we should examine it more thoroughly. This has been our party's position from the beginning.

As you undoubtedly know, House of Commons Procedure and Practice states that an emergency debate is legitimate when the matter “could not be brought before the House within a reasonable time by other means, such as during a supply day”, which is the case here. It also says that an emergency debate must be on a topic that is immediately relevant throughout the nation. This request for an emergency debate indeed meets the requirements set out in this book.

It is impossible for us to properly debate this bill, which is over 425 pages long. In fact, the House has passed a time allocation motion, and the government refuses to split the bill into pieces that could be studied by the appropriate committees.

In my opinion, it would be completely appropriate for the members of the House to rise, speak about and discuss the possibility of splitting this bill so that Canadians and we, as parliamentarians, can be better informed about the scope of this budget implementation bill.

I therefore request authorization to hold this emergency debate in the House.

EmploymentOral Questions

May 11th, 2012 / 11:45 a.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, economic action plan 2012 takes responsible action to support our economy now and over the long term, while keeping taxes low and returning to a balanced budget. While our Conservative government is working to help Canada's economy by implementing economic action plan 2012 through Bill C-38, the NDP and Liberals want to play partisan procedural games to delay and defeat the pro-economic and pro-job growth measures.

Can the minister please inform the House how we are keeping Canada's job market strong?

Jobs, Growth and Long-term Prosperity ActStatements By Members

May 11th, 2012 / 11:05 a.m.
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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, I am pleased to rise to speak to Bill C-38, a perfect bill for the paper shredder. The Cascades paper company would be happy to de-ink the confetti and make useful, recycled paper out of it.

The death of democracy is seldom sudden. It is almost always a slow and painful death caused by indifference, apathy and cynicism. The first signs of this death are the authoritarian regime's loss of perspective and its insensitivity towards the people. Next, people lose their freedom and the means to criticize the regime.

I would like to read a quote in English. I am relying on the interpreters to ensure that the member opposite understands.

“There is no doubt that dictatorship is a much more efficient way to govern”. That was George W. Bush.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 10:45 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise today to talk about Bill C-38.

I am sad because this bill is worse than any other this Parliament has debated, and that is for two reasons.

First, without consulting Canadians, the government chose to introduce sweeping changes to many laws that affect environmental, social and economic aspects of Canadian life. This approach is illegitimate and outrageous. The process is unacceptable and an offence to true democracy.

Second, beyond the process that is so offensive, the bill that purports to be a budget bill is, in substance, something quite different. The substance of the changes is equally alarming.

Laws this bad take some explanation. As I have sat through the truncated debate on this process at second reading, what we have had are presentations from the Conservative MPs providing lists of things they like in the legislation, and presentations from the opposition benches providing lists of things we do not like in the legislation. That leaves out a big piece of the puzzle.

We have also been confusing measures that are a budget measures that are not in Bill C-38, things like fighting the deficit. There are things we do not like, like killing the Centre for Plant Health in my own riding, which is necessary to protect the health of the economy, particularly in the grape growing regions and wineries, and killing jobs in national parks, again in my riding of Saanich—Gulf Islands, the Gulf Islands National Park jobs in ecological work.

However, again, these are not in Bill C-38. The debate has been combatting lists. We like this and we hate this.

I want to step back and try to understand what is going on here. Why do we have this enormous package of measures, most of the substantial changes being those that unravel environmental law in our country?

I have been involved in the development of most of the laws that we now see being unravelled, particularly the Canadian Environmental Assessment Act and the National Round Table on the Environment and the Economy Act. What I see behind all this is a shift in mindset.

I worked in the Mulroney government. The Progressive Conservatives understood that conserving involved conserving the environment. This is not necessarily the current mindset of the current brand of conservatism, which I find alien from the traditions and roots of people like former fisheries ministers John Fraser and Tom Siddon. Both have spoken out against the devastating changes to the protection of fish habitat in Bill C-38 and the unintended consequences that this will surely have.

This mindset reminds me most of what the former senior economist to the World Bank, Herman Daly, used to describe as “treating the earth as a business in liquidation”, an everything must go mentality and it must be done fast. He offered the opposite view. He said that we needed to understand that the economy was a wholly owned subsidiary of the environment, that these things were not in conflict and that it was so wrong-headed to say that we would only get jobs if we destroyed the environment. It boggles the mind.

When we understand that this is the way this entire omnibus budget bill has been prepared, then it begins to make sense. Then we understand the narrative and then we can understand that someone in the PMO picked up the phone, called the Department of Justice or maybe just sent an email, said that it should find all those things for which the federal government is responsible for the environment and find ways to withdraw from them to the maximum extent possible without offending constitutional requirements to protect such things as migratory birds, because we have a convention with the U.S., or fisheries, because that is in the Constitution.

For example, there is no other way to understand why the Conservatives repealed the Environmental Assessment Act and put in place an entirely new act. Most of what we have heard is that they wanted to have timely assessments. I do not think there would be much debate over that.

In 2005 I proposed to the minister of the environment that in order to get a review of the proposed cleanup at the Sydney tar ponds, which itself presented risks, a timeline would be a good idea. In fact, a 12-month timeline was put in place for the joint review panel of the cleanup proposed for the Sydney tar ponds back in 2005. That could be done under the existing legislation. We do not need to repeal the act and start over.

To all these complaints, the Conservatives claim that industry was demanding this be done, I have in front of me a briefing note from the Mining Association of Canada from January of this year in which it praises the current process under Environmental Assessment Review. It says, “the amendments that the Canadian Environmental Assessment Act made in 2010 were implemented quickly and competently by the agency” and it has “provided mining project proponents with relief”. It says that for the first time “provincial and federal assessments are synchronized”. This is from the Mining Association of Canada, allegedly one of the interest groups for whom the Conservative government is destroying all of our environmental laws. The Mining Association of Canada says, “our primary interest in the review of the Environmental Assessment Act is to convey support for the new system brought in...and to renew funding for the Environmental Assessment Agency”.

It is critical to understand that the government did not have to repeal the Environmental Assessment Act in order to have a process that worked for all the players. It looks as though this desperate attempt to be in a hurry is where the problem lies. What the government has done is so egregious. The Environmental Assessment Act being repealed and replaced with a whole new scheme that will never get proper review through the process we have in an omnibus project.

The Conservatives are removing what had always been a federal trigger for a proper environmental assessment, if federal money was being spent. That is no longer there. They are removing comprehensive studies. They are no longer there.

There is no real definition of what an environmental assessment would be. We have a reference in the budget document to something called a “standard environmental assessment”, but Bill C-38 has removed all definitions of what the process would look like.

Killing the comprehensive studies and creating panels that can be substituted with the province without criteria, in my view, would have the industry coming to government asking what it had done as the process had worked pretty well. In fact, the Mining Association of Canada says, “very well”. Now we will not know what project has to go to review or what project does not, when we go to the province or when we do not.

At the same time, in order to unravel the federal responsibilities that trigger an environmental assessment, the government has created a crazy scheme for fisheries. It still requires a permit to add substances “deleterious” to fish, but the protections for fish habitat have been removed.

This means, and as we all know this is a real-life example, that if one wanted to have a large-scale project, for instance, to put tailings into an existing lake, we would be better off, if the lake were in a remote area where no one fishes, to drain the whole lake, kill all the fish and destroy the habitat because that would be legal without an authorization. Whereas adding substances “deleterious” to fish into a lake currently would require authorization. This is the ultimate example of haste makes waste.

The bill has not properly contemplated the changes to the Fisheries Act, the Environmental Assessment Act, or the changes to the Species at Risk Act. The bill is out of control through the false notion that we will create jobs through waste and haste.

I remind people that it is now 20 years since the Westray disaster in which 26 men died. There was no environmental review at that time, as it was back in 1988 when the project was approved, but there were warnings. The experts in the department of mines said that the area was too high in methane, but no, the local politicians and some federal politicians wanted those jobs. They wanted them so badly that they overrode expert advice. They said that they had to get that Westray mine built come hell or high water, that they would do it and that they did not want to hear complaints about causes or what might happen to get in the way. Therefore, federal money flowed. We created a bomb and put men in it, and 26 men died.

Now we are creating another kind of bomb. The first speaker on the bill was not the Minister of Finance, but the Minister of Natural Resources who brought forward all the reasons to change the scheme. He said that we must hurry as there was no time to waste. He quoted from the International Energy Agency on the current state of fossil fuel requirements around the world, but he never quoted the warning from the International Energy Agency that if we did not act on the climate crisis, it would soon be too late. The quote from the International Energy Agency from earlier this year is this, “Delaying action is a false economy. As each year passes without clear signals to drive investment in clean energy, the 'lock-in' of high-carbon infrastructure is making it harder and more expensive to meet our energy security and climate goals”. We must change direction. This bill is putting pedal to the medal to go as fast as possible to a very large brick wall.

Going back to the bomb we built for the men at Westray, we are now building a climate bomb, a carbon bomb. The proposed legislation is so wrong-headed it must be withdrawn in its entirety.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 10:30 a.m.
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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, actions speak louder than words.

We only need look at the actions of the Prime Minister and the Minister of Finance during the worst worldwide economic recession in my lifetime and compare Canada's results to the world's. We are the envy of the world in how Canada reacted to that crisis and the work that our Minister of Finance continues to do. There is no question that we have lots to be thankful for in Canada because of that leadership.

We have lots more to do, and that is why Bill C-38 needs to be passed by this House. We need to get on with the job.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 11th, 2012 / 10:15 a.m.
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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, I am pleased to rise in the House today to address Bill C-38, the 2012 budget implementation act. This is a very important bill for all Canadians as it is a real plan for jobs, growth and prosperity for the near and long term.

We could take the easy road. We could sit back and say that everything is okay and just keep ragging the puck. We could continue to brag about Canada being a world leader in job growth, financial stability and strong presence in the world. We could kick the can down the road and say that looming issues are someone else's problem. We could but we are not.

Budgets are about choices. Just like families in my riding that make choices about how to spend their money, how to save and invest for the future and how to care for themselves and others, so, too, must government. In fact, I would argue that government must lead by example and, through budget 2012, we are doing just that.

However, we must remember the record. Through responsible management, our government has helped the Canadian economy create over 700,000 net new jobs since July 2009, most of which are full-time positions. Canada's economy has expanded for nine of the last ten quarters. Our unemployment rate is well below that of the United States. The World Economic Forum ranked Canada's banking system as the soundest in the world for the fourth consecutive year. Canada continues to have a solid AAA credit rating.

Building on this success, economic action plan 2012 provides $1.1 billion over five years to support research and development and $500 million for venture capital. We know that prudent investments and partnerships with the private sector will continue to create good jobs for Canadians in the future.

The budget also improves support for advanced research through granting councils, such as Genome Canada, the Canadian Institute for Advanced Research and the Canada Foundation for Innovation. Mississauga—Streetsville is home to many research and development companies in life sciences, pharmaceutical, high technology and niche manufacturing that will benefit from these programs.

Canada is a very rich country in terms of its resources. Whether it be oil, natural gas, forestry or mining, Canada has a unique natural advantage over most other countries in the world. That is why this budget bill focuses on responsible resource development by ensuring that major resource projects are not bogged down by duplicative regulations and that one project receives only one thorough review.

The city of Mississauga is one of the most multicultural cities in the world. We have residents from hundreds of countries of origin who call Mississauga their home, and we are happy to have them. What is even more exciting is that many of these people work in companies that do business around the world, rely on strong trade relationships and do import and export services worldwide. That is why I am so pleased that our government has the most ambitious trade expansion plan in Canadian history.

We know that free, fair and open trade is good for Canadian business. We know that Canadians can compete with the best in the world and we can win. We know that signing free trade agreements with countries around the globe give Canadians fair and better access to international markets.

As well, the bill would reduce red tape that often frustrates business and acts as a disincentive to invest. It would reduce the tax compliance burden for small businesses and make a number of significant administrative improvements at the Canada Revenue Agency.

I am also pleased to report that Bill C-38 would extend the hiring credit for small business for another year, providing up to $1,000 for one year to encourage the hiring of new employees. This budget would also provide $50 million to the youth employment strategy and $6 billion to expand the successful ThirdQuarter project to help employers find experienced workers over 50 who want to keep using their skills in the workforce. There also are $150 million for investing in small public infrastructure to support repairs and improvements to existing community facilities. This would build upon the very successful infrastructure stimulus program that brought together the provinces, territories and municipalities in the most co-operative program in Canadian history.

Like every Canadian family, the federal government, too, much re-look at how it spends hard-earned taxpayer money and constantly ensure both value for money and spending on the most important priorities. The budget focuses on eliminating waste in the internal operations of government and making government leaner and more efficient, totally $5.2 billion in ongoing savings. This represents just 2% of total program spending in 2016-17 and, with this and other initiatives, I am pleased to report that we will remain on track to balance the budget over the medium term as we promised.

To continue to help families, we are improving the registered disability savings plan, increasing the travellers exemption, continuing support for Participaction and enhancing the victims fund. No government in recent memory has done more to support Canadian seniors than this one. I was pleased in the first budget, on which I was able to vote as a member of Parliament, that we brought in the largest one-time increase in the guaranteed income supplement in over 25 years. We have significantly increased funding to the new horizons program, and I am delighted to report that the Hindu heritage seniors group in my riding has just received one of these grants.

Further, our government continues to provide support to the old age security program for existing recipients and those near retirement at current levels with no reductions or changes whatsoever. However, we have a responsibility to ensure that the OAS system is protected for future generations and not simply pass the buck to some government down the road. That is why we are moving forward with a prudent, responsible and proactive change to the OAS by raising the age of entitlement from 65 to 67 by 2029.

I just marked my first year of being elected to this place. It has been an exhilarating experience and an honour of a lifetime. I knew that part of my responsibility as a member of Parliament was to do my very best to make this a better country for everyone but I also knew that tough and maybe unpopular decisions would need to be made to make this happen. As one member of Parliament in this place, it would be completely irresponsible for me to sit here and pretend that the OAS will be sustainable for my generation. I cannot even imagine the MP who will replace me one day in the future having to deal with this issue a decade or so from now if we do not act today. Why on earth would I saddle a future government, a future Parliament or a future MP for Mississauga—Streetsville with this issue in the future when I know we can act responsibly now?

The number of Canadians over 65 will increase from 4.7 million today to 9.3 million in 2030. The cost of OAS will rise from $36 billion to $108 billion. Meanwhile, the number of taxpayers that pay for OAS will go from 4 today to 20 in 20 years. With statistics like this, how can we possibly close our eyes? Even though this decision may not be popular, it is simply the right thing to do.

At the beginning of my remarks today I said that we could take the easy road. We could sit back and soak it all in. We could say that we are better than most and rest on our laurels. However, that is not leadership for the future and that is not helping the next generation. We must move ahead.

I encourage all members to support this excellent budget.

The House resumed from May 10 consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

May 10th, 2012 / 6:40 p.m.
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NDP

Dan Harris NDP Scarborough Southwest, ON

Madam Speaker, on February 17, I rose in this House and asked when the government would finally help Toronto families deal with rising inflation and higher gas prices, and help them to make ends meet.

I asked specifically when the government would come up with a real jobs plan, a plan that would provide jobs to help support families instead of low-wage, part-time jobs many families depend on. The government has not created jobs in Toronto. The people in my riding of Scarborough Southwest know and live it every single day. There are fewer and fewer good jobs in Toronto, and therefore more and more families continue to struggle.

When I asked the question of the government, I received a glib, meaningless, puerile response from the Minister of State for Finance. The citizens of Scarborough Southwest, Torontonians and indeed all Canadians deserve much more respect from the member for Macleod and indeed from any member of cabinet in the Canadian government. This would include the parliamentary secretary actually paying attention to a question when it is being posed to her, which she failed to do last night.

We need the member for Macleod and the whole Conservative government to take the needs of Canadian families seriously. The Conservative government has no jobs plan. Canada is losing quality jobs under the Conservatives. Since the Conservatives took office, we have lost over 400,000 good manufacturing jobs. Since September alone, we have lost 60,000 more full-time jobs.

Unemployment now stands at 1.4 million Canadians and three-quarters of the new jobs created since May 2008 have been part-time. Now with the cuts coming as a result of the recent federal budget, 102,000 more may be added to the ranks of the unemployed.

This is shameful, and the government should indeed be ashamed. Yet the Conservatives are sticking with their failed approach of blind, unconditional tax cuts for profitable corporations. They are not creating jobs. Too many multinational companies are taking their tax breaks and then turning around and shipping good jobs overseas, as the member for London—Fanshawe was mentioning with Caterpillar in London as it closed the 450 job Electro-Motive plant.

New Democrats have a practical, affordable plan to create good, full-time jobs, offering targeted tax credits for new hires, implementing investments to help businesses that create jobs, investing in job-creating infrastructure and ensuring foreign investment keeps good jobs here in Canada.

The job situation is getting worse under the Conservatives, not better. Their policies have failed Canadian workers and failed to create Canadian jobs. Now, the Conservatives have introduced a budget which will do nothing to create jobs but, according to journalist, Don Martin has everything but the kitchen sink in it. Believe me, we have looked at it, and we found the kitchen sink in Bill C-38.

Frankly, the bill is just an end run around accountability and transparency from the very Conservative government that made commitments to govern better than the Liberals and to be accountable to Canadians.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:55 p.m.
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Conservative

Peter Braid Conservative Kitchener—Waterloo, ON

Mr. Speaker, I am pleased to rise in support of our Conservative government's economic action plan 2012 to be implemented through today's legislation, Bill C-38, jobs, growth and long-term prosperity act.

This is a positive plan that would ensure Canada's economy continues to emerge from the global economic recession better than nearly all other industrialized countries. Indeed, Canada has seen nearly 700,000 net new jobs created since July 2009, the strongest job growth among all G7 countries. Even better news is that 90% of those jobs have been full-time jobs.

What is more, both the independent IMF and the OECD are forecasting that Canada will be at the head of the pack for economic growth in the G7 in the years ahead.

Clearly, those are all positive signs that we are on the right track for Canada's economy and for Canadian families. It is little wonder that a recent editorial in The Wall Street Journal praised Canada's economic leadership saying that “Canada is focused on private economic growth”, and also pointing out our “sound policies as a model for the world to follow”.

However, our Conservative government recognizes that we still have considerable global economic turbulence, especially in Europe where we see that continues, and too many Canadians are still looking for work. That is why economic action plan 2012 takes responsible action to support the economy now and over the long term while also keeping taxes low and returning to balanced budgets in the medium term.

Despite what the NDP and others would have us believe, economic action plan 2012 has been warmly greeted throughout Canada, especially in my region and riding of Kitchener—Waterloo.

I would like to share with the House and Canadians who are watching some of the positive feedback that has come from my region.

First, from the Kitchener-Waterloo Chamber of Commerce, it says:

We are pleased that [the Minister of Finance] has extended the program that allows small businesses to receive a credit of up to $1,000 against employment insurance...premium increases. ...this extension will provide an incentive for additional hiring. ... The Chamber strongly supports measures proposed to restrain government spending and return the federal budget to a balanced position by 2015-16. Other positive measures include no tax increases or cuts in transfers to the provinces, which are critical for health care and other social services.

Overall, the government wants the private sector to step forward, create jobs, and compete on global markets.

Iain Klugman, the chief executive officer of Communitech, a local technology association, said:

I'm really encouraged to see the focus on job creation, innovation. I see a real acknowledgement of the importance of business commercialization.

I could not agree with Iain more.

Kitchener mayor, Carl Zehr, stated:

We're encouraged by the fact they [the federal government] have yet again confirmed a commitment to have an infrastructure plan in place when the Building Canada Fund expires in March 2014.

As one last example, this is what a Waterloo Region Record editorial declared. It said that economic action plan 2012 was:

...an intelligent and visionary plan to preserve a progressive, prosperous Canada in a global landscape filled with both upheaval and promise. And for this reason it is the most ambitious and important federal budget in a generation. Underlying it all is an astute recognition of how this nation and the world around it are changing.

...the budget envisions a scaled-back government that leaves people free to do more in their lives and with more of their own money. But it will still be an active government that aims to grow Canada’s economy with generous venture financing and research and development funding for businesses.

It is clear that economic action plan 2012 sets out a comprehensive agenda to bolster Canada's fundamental strengths and address the important economic challenges confronting the economy over the long term.

I am pleased to have the opportunity today to spotlight a handful of the measures in today's bill that would accomplish that and play a significant role in securing the well-being of Canadians today and in the future.

The first area I will focus on is targeted reforms to the employment insurance program, or EI. EI, as we know, is Canada's single largest labour market program, providing income replacement to help individuals and their families, as well as training and other labour market support to help Canadians return to employment.

Today's bill would make a number of targeted changes that would make EI a more efficient program, one that would promote job creation and quickly connect people to jobs that would improve the quality of life and Canada's economy.

Our Conservative government recognizes that Canadians want sustainable EI premium rates and a transparent rate-setting mechanism. That is why we will ensure predictability and stability with the EI premium rate.

Over the next few years, we will limit annual rate increases to 5¢ until the EI operating account is balanced. Once the account has returned to balance, the EI premium rate will be set annually, on a seven year break-even rate to ensure that EI premiums are no higher than needed to pay for the EI program itself. After the seven year rate is set, annual adjustments to the rate will be limited to 5¢.

Along with sustainability, matching workers with available jobs is critical to supporting economic growth and productivity. In the words of the Canadian Federation of Independent Business, the CFIB, which plotted our reform in this area, “There was some major progress on employment insurance”. It went on to say:

There was...early action on changing the EI rate-setting process. Any future increases will be capped at 5¢ for employees and 7¢ for employers, which will provide a great deal more certainty to job-creating small businesses.

Also, EI rates will be allowed to break-even on a seven year basis, which will help keep rates smooth and avoid the creation of large surpluses.

However, there is more in economic action plan 2012, including a $21 million investment to connect EI claimants with the necessary skills with available jobs in the same local area, including through targeted information and compliance sessions. Along with providing relevant and timely job information, the government will strengthen and clarify what is required of claimants who are receiving regular EI benefits and who are looking for work.

Through our measures, our government is helping Canadians who are looking for work, but we realize that true success only occurs when they can find work with minimal delay. The evidence backs that up. EI claimants who stay active in the labour market find permanent jobs faster than those who do not stay active. That is why our government will invest $74 million in a new national EI pilot project to ensure claimants are not discouraged from accepting work while receiving EI benefits. This new pilot project will cut the current earnings clawback rate in half, to 50% of earnings, and apply to all earnings while on claim.

Those three amendments would keep our economy strong. I am sure the opposition, if it is predictable, will perhaps vote against it yet again, after all, that is what it has done in the past. Every time our government moves to protect jobs, the NDP and the Liberals oppose it, as they opposed extending the EI hiring credit to help over 500,000 employers defray the cost of new hiring.

In that spirit, I urge all members to vote in favour of today's bill, which would help Canadian families, businesses and the Canadian economy grow and help fuel more job creation.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:45 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I am pleased to have a chance to rise in debate on Bill C-38. I have to agree with at least the last point made by my colleague who just spoke, which was that the member for Bonavista—Gander—Grand Falls—Windsor was in fact an outstanding weatherman. He is an outstanding member of Parliament as well, although members might want to talk to him sometime about some of the stories he has about some bloopers he may have experienced during his time as a weatherman. They may be on YouTube, as a matter of fact. They would have to ask.

However, when my hon. colleague praises the current Minister of Finance, I find it rather humorous and remarkable, considering that the finance minister and the government inherited a $13 billion surplus and that by April and May of 2008, six months before the recession began, the government was already in deficit.

Members may not believe that, but if they doubt it, I invite them to Google “deficit April-May 2008”; they will find CBC and Reuters stories dated June 25, 2008, pointing that out. They could probably find out more about that later. In addition, that fall there was a further deficit.

The Conservatives have been trying to claim for a while that the deficit we have today was the result of the recession and stimulus spending. The fact is that there was a deficit in that fiscal year of 2008-09. The stimulus budget that the government brought in was not even announced until the end of January 2009, and it was for the 2009-10 fiscal year. It did not start until well after the deficit was in place. If there was a deficit for the year 2008-09 and the stimulus budget was for the year 2009-10, how can Conservatives claim that the earlier deficit was caused by the later budget?

In fact, articles even in December of 2009 talked about how the stimulus money was just getting going. There are articles about municipalities complaining about how long it was taking for that stimulus spending to get started. It took a long time.

Therefore, to claim that the deficit is a result of the recession is an outrage. The claim that this was one of the greatest finance ministers has no basis. By increasing spending dramatically, at three times the rate of inflation, the minister put the country back into deficit before the recession began. That is the context we are in when we come to this budget. That is the history of this government. It is outrageous for the government to claim that this was in any way a good finance minister. It is ludicrous.

Let me talk about Bill C-38. We even have well-known Conservatives criticizing the bill. Here are some comments from Andrew Coyne. He is not exactly a Liberal voice in Canada, but he is a well-known, respected commentator. What does he say about this? He says:

The bill runs to more than 420 pages. It amends some 60 different acts, repeals half a dozen, and adds three more, including a completely rewritten Canadian Environmental Assessment Act. It ranges far beyond the traditional budget concerns of taxing and spending, making changes in policy across a number of fields from immigration...to telecommunications...to land codes on native reservations....

He goes on:

So this is not remotely a budget bill, despite its name.

He says further:

Moreover, it utterly eviscerates the committee process, until now regarded as one of the last useful roles left to MPs. How can one committee, in this case Finance, properly examine all of these diverse measures, with all of the many areas of expertise they require, especially in the time allotted to them?

How indeed, Mr. Speaker? Mr. Coyne has made some very good points about the budget, and my hon. colleagues across the way would do well to take note of the comments from this Conservative commentator about their own budget bill.

However, let us look at the budget. What do we expect from it? What are Canadians looking to the government for in the budget bill?

After Canada experienced no job growth during the last six months, I think Canadians expected this bill to have one focus: jobs, job creation and helping our economy strengthen. Instead, what does it have? It has dozens of disconnected themes that will do nothing to grow jobs or address Canada's skills shortage.

In fact, when I think of jobs, I think of the issue of what has happened with foreign investment. This bill is a complete abandonment of the industry minister's promise of a serious review of the Investment Canada Act.

The bill has so many parts. It is 425 pages long. For those who have not looked through or read it, I will just give a sense of how big this bill is. Division 28 of part 4 does authorize the minister to communicate or disclose certain information in relation to foreign investments, but it does nothing to prevent Canada from a repeat of the PotashCorp takeover fiasco that the government mishandled so badly and it provides no advance understanding of how it would handle matters like this and no explanation for its decision.

In fact, the Conservatives pledged in late 2010, after abruptly killing BHP Billiton's hostile bid for the Potash Corporation of Saskatchewan, to undertake a serious review of the Investment Canada Act. In fact, the minister talked about having a committee do this, but iinstead we get a few lines in a 425-page omnibus bill. The industry committee will not even study this measure.

I would like to see that happen. I put a motion before the committee to have that happen. Of course, as we know, the government insists that everything involving a decision about what a committee will study be done in camera, behind closed doors, so that the media and the public cannot follow it. As a result, I cannot talk about what might have happened to that motion, but I can say that it is no longer before the committee. If I put forward a motion and it is no longer available to be discussed and it has not been adopted, I think people can draw their conclusions about what might have happened to it and what the Conservative government, having a majority, decided to do.

What happened to the promise to clarify the key test used to judge foreign takeovers, the so-called net benefit determination? That was a promise the Minister of Industry made, another promise relegated to the trash bin.

It is the same with the minister's public declaration in June 2011 that he would ask the House of Commons industry committee to review the Investment Canada Act. Where is it? Why is that Conservative members would not be anxious to do this, considering their own minister was talking about it nearly a year ago and asking for it to be done? Perhaps he is not so keen anymore. We do know that members on the Conservative side tend to do what they are told by the Prime Minister's Office and by the ministers.

This review has not happened, despite several attempts from opposition members to call for a review of the act by the committee. Instead, the industry minister gets new powers to disclose a little more information about takeovers without betraying commercial secrets. It is all well and good, but it is too bad that there is no such commitment to prevent ministers from betraying their own promises, such as the one made in this case.

The fact is that this country needs to modernize its foreign investment policies. It is too bad that instead of moving on significant change, we get half measures buried in a budget bill. That makes it very clear the government is more intent on maintaining its ability to insert its political bias into these decisions than it is on focusing on and doing what is best for the Canadian economy and Canadian jobs.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:30 p.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I appreciate this opportunity today to stand in support of Bill C-38, the jobs, growth and long-term prosperity act, and highlight some of the key initiatives in economic action plan 2012 that would legislate.

When our Conservative government introduced Canada's economic action plan in January 2009, it was designed to fight the effects of the worst global recession since the Great Depression. It did so by providing significant stimulus to safeguard jobs and protect incomes, while making important productive investments that contribute to Canada's long-term economic prosperity. It worked, as those prudent decisions allowed Canada to emerge from the global recession in a position of strength.

Nearly 700,000 more Canadians are working today than in July 2009. This is the best job growth record in the entire G7. Last March alone, Canada's economy added 82,000 net new jobs, the single biggest monthly jump in national job creation since September 2008.

Canadians are looking to our government to build on that success and that is exactly what we will do with economic action plan 2012, a plan that has been praised by some of Canada's top economists.

This is what Avery Shenfeld, CIBC World Markets chief economist, had to say about budget 2012 and Canada's economy. He said:

—makes sense in a world economy that is still not what we would like it to be...Relative to what anybody else is doing, we still come out with flying colours.

This is what Craig Alexander, TD Economics chief economist, declared:

When combined, the various measures included in today’s budget [2012] are aimed at improving productivity and boosting private sector growth...In addition to being fiscally prudent in the medium-term, the government is taking action to pursue fiscally sound policies for the long run.

Even in southern Ontario we have heard great support for economic action plan 2012. Just listen to what Peter White of London Economic Development had to say:

—the plan includes several points of good news...including research and development dollars, venture capital dollars for public-private partnerships and job-skills training for young people.

The measures in today's bill focus on the drivers of growth, innovation, business investment and people's education and skills, as others on this side of the House will highlight.

What I would like to focus on today is how our ongoing commitment to keeping taxes low and responsibly managing the tax dollars of Canadians underpins all of the measures in today's bill.

Lower taxes support businesses by allowing them to keep more of their hard-earned money to invest, grow, undertake innovative research and hire more Canadians.

Canada's reputation for low taxes to create jobs is something in which we take great pride. Noted business magazine Forbes said recently, “Canada was the best place in the world to do business”. Today's bill builds on actions taken by our government by continuing to keep taxes low.

In order to keep taxes low, the tax system must be upheld. Canadians expect their government will take action to protect this fairness and integrity. That is why, since 2006, our Conservative government has closed over 40 tax loopholes to improve the fairness and the integrity of the tax system.

Economic action plan 2012 takes further action on this front through the introduction of a number of additional initiatives. To be clear, our Conservative government is committed to take aggressive steps to close tax loopholes that allow a few businesses and individuals to take advantage of hard-working Canadians who pay their fair share of tax. By broadening and protecting the tax base, these actions also help to keep Canadian tax rates competitive and low for all Canadians, thereby improving incentives to work, save and invest.

We understand Canadians willingly and honestly provide a portion of their hard-earned income to fund health care, social programs and other vital services, asking only in return that governments both manage their tax dollars wisely and ask no more from them than their fair share. For our government, this is a solemn responsibility and one that we take seriously. We are committed to managing the hard-earned tax dollars of Canadians.

It is in the spirit of fairness that the government and the Governor General have agreed that the income tax exemption for the Governor General's salary should end and that the Governor General's salary should be subject to tax in the same manner as the salaries of other Canadians.

This historic exemption, likely unknown to most Canadians, has been in place since the introduction of income tax in Canada. It is an exception to the general rules and principles of the income tax system. As is often the case, however, traditions change over time. Recently other Commonwealth countries, such as Australia and New Zealand, have implemented legislation to make the salary of their governors general subject to income tax.

This may be a small measure in comparison to the significant tax reduction measures our government has introduced since 2006, but to us it is a principled one. In the words of the noted Winnipeg Sun columnist, Tom Brodbeck:

Governors general of Canada will no longer enjoy tax-free status on a portion of their salaries: The Queen’s representatives will have to pay taxes just like the rest of us. I didn’t even know they had tax-free status. Good.

I would be remiss if I closed without quickly mentioning one other important initiative in economic action plan 2012, the elimination of the penny. Forgotten pennies take up too much space on our dressers and far too much time for small businesses trying to grow and create jobs.

An independent study estimated the economic cost of maintaining the penny amounted to $150 million. The penny has lost its purchasing power over the years, and now most are hoarded, resulting in useless expenses for Canadian taxpayers. Taxpayers pay 1.6¢ for each new penny made now. This costs the government about $11 million a year. After hearing strong support from consumers, retailers and small business, a recent public study by a Senate committee recommended eliminating the penny.

In recent years, more and more countries, like Australia, New Zealand, the Netherlands and more, have removed their penny from circulation without any impact on consumers. Following these successful examples, Canada will no longer distribute pennies.

The penny's elimination will have no negative impact on consumers. Pennies can still be used indefinitely. They will continue to retain their full value for payments and can be redeemed at banks. Prices will continue being set at 1¢ increments, and payments by cheque or credit card will not change.

Our Conservative government is also actively working with and encouraging charities in communities across Canada to organize fundraising activities to benefit from the elimination of the penny. Indeed, in southern Ontario, we are already seeing local penny drives. For instance, Habitat for Humanity, Middlesex, Oxford and Elgin, a great charity, is looking to collect one million pennies to help those in need.

To quote Jeff Duncan from Habitat in the area:

I know $100,000 is an awful lot of pennies...But this is a grassroots thing and Habitat was founded on a grassroots principle. We thought this was a fun way to engage kids. We need the whole community to help.

Economic action plan 2012 sets out a comprehensive agenda to bolster Canada's fundamental strengths and address the important challenges confronting the economy over the long term, all the while keeping taxes low and managing tax dollars responsibly.

This provides an opportunity for the government to take significant actions today that will fuel the next wave of job creation and position Canada for a secure and prosperous future. That is why I encourage the House to support the measures in today's act.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:15 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, today I will join many of my colleagues in opposing the legislative monstrosity that is Bill C-38. The stated purpose of this omnibus bill, which is over 420 pages long, is to implement budget 2012, but it contains numerous measures that have nothing to do with the budget per se and that were never announced to Canadians.

Bill C-38 constitutes a direct attack on transparency, in terms of both its substance and the way the government is imposing its ideological vision of the country on Canadians by attempting to stifle and discredit all opposition to its dogmatic approach.

The Conservatives began by limiting the amount of time opposition parties could spend studying and debating this massive and destructive bill. They know that the devil is in the details, and they do not want to give us a chance to warn Canadians about what they are doing.

The fact that members had very little time to carefully review and analyze this bill makes it practically impossible to get an accurate picture of how Bill C-38 will affect people. This way of doing things is unacceptable and proves the government's contempt for Parliament and our institutions.

The Conservatives also have an unfortunate tendency to make fun of those who oppose their vision and their way of doing things, which, frankly, are better suited to an autocracy than to the Parliament of Canada. Those who oppose Bill C-38, whether they be parliamentarians or ordinary Canadians, are often described by the members opposite as people who are trying to create division in Canada or who simply do not understand what the government is trying to do.

Opponents are described as big bad socialists who are manipulating the media and public opinion and who simply want to impose their will on Canadians no matter what the cost and with no thought for the common good. This typically Conservative way of talking about opponents is an insult to Canadians' intelligence.

Did the fall of the Wildrose Party not teach them that Canadians do not like mean-spirited generalizations? In my riding of Portneuf—Jacques-Cartier, I have even met people who were members of the Conservative Party but who sent their membership cards back to the party in protest at this way of doing things. They approve of the ideas being put forward by the Conservatives, but they refuse to support this lack of democracy and the way the Conservatives are forcing positions on Canadians that they do not share.

Canadians have the right to accurate and honest information about what the government is doing on their behalf. In its election campaign, this government promised everyone that it would be a transparent and accountable government. But that has not been the case since it came into power. Quite the contrary.

Bill C-38 is further proof that the Conservatives cannot be trusted. Canadians hesitated for a long time to give a majority to this government because they were afraid of its hidden agenda. They were right to be afraid.

As I mentioned before, this budget implementation bill goes well beyond the budget and contains a number of important changes that were not mentioned in the election campaign or even afterwards. This bill will forever change Canadian society, and it will not be for the better.

At least one-third of this bill seeks to greatly undermine if not virtually decimate the system of environmental protections, assessments and regulations that protect Canadian fauna, waterways and ecosystems, to permit the unrestricted development of our natural resources, just like in the Duplessis era.

The Conservatives do not have a strategy for developing renewable energy and reducing the use of fossil fuels. Pipeline projects, which are so near and dear to the Conservatives' hearts, will be imposed on Canadians against their will in order to export our natural resources. Decidedly, with this government, the great darkness is back.

Bill C-38 considerably diminishes the Auditor General's oversight powers, including by eliminating his mandatory review of the financial statements of 12 government agencies. In light of the giant fiasco that is the F-35 procurement process and the lengths this government has gone to in order to hide the real cost of this purchase from Canadians, I can see why the government does not want the Auditor General to have too many powers.

This legislative Trojan Horse also seeks to raise the eligibility age for old age security and the guaranteed income supplement from 65 to 67. This change, which will not affect many MPs here right now, will directly affect my generation and will make our seniors in need even more vulnerable. The Prime Minister knows full well that the current system is still viable for many years to come and that these draconian cuts are unnecessary.

The government would save more money if it stopped wasting money on its plans for building megaprisons and on its questionable military procurements. It would not have to punish future generations, as it is doing right now.

We understand why the Prime Minister wanted to escape to Switzerland, rather than make that announcement here in Canada.

I could go on for hours about the devastating effect that budget 2012 and Bill C-38 will have on Canadian society and its institutions.

However, I would now like to focus more on how this bill will affect the people of my riding, Portneuf—Jacques-Cartier.

Contrary to what the Conservatives seem to believe, not everyone in this country shares their vision and supports their way of governing—far from it, in fact. Every day, people come and see me and tell me how ashamed they are of this government, of Canada's image in the rest of the world and of the Conservatives' lack of environmental conscience.

The people of Portneuf—Jacques-Cartier cannot relate to this government, since it does not share their values and it prefers to ignore their needs and requests. People are feeling betrayed and abandoned by the Conservatives, who appear to be governing only for the benefit of their friends.

This government keeps repeating that the budget focuses on job creation, yet the Parliamentary Budget Officer has confirmed that over 43,000 jobs will be lost, including over 19,000 in the public service.

The fact is that this budget forecasts higher unemployment, of all things. How is that good news for the people of Portneuf—Jacques-Cartier who have lost their jobs or are about to? It is very hard to follow this government's logic.

The first round of cuts at CFB Valcartier has been announced. At least 160 military support jobs will be lost, and that is just what we know so far.

The government is so stingy with the details that information comes out in dribs and drabs. That makes it very hard to get a clear sense of how their decisions will affect people.

With its 7,000 employees, CFB Valcartier is the largest federal employer in my riding, and I know that job losses there will have a very negative impact on the region's economy.

The cuts will affect about 100 families in my riding and the surrounding area, and merchants in neighbouring municipalities will feel the pinch as well, because local people will have less and less money to spend on their products and keep the economy going.

I cannot understand how Conservative members from the Quebec City region can endorse measures that will have such a negative impact on the local economy in their own ridings. That makes no sense to me.

In addition, if these cuts in support services to the military are combined with the cuts in direct services provided in the offices of the Department of Veterans Affairs, questions may well be asked about the real consideration that this government has given to the military in the Portneuf—Jacques-Cartier and Quebec City regions.

Furthermore, absolutely nothing has been done to help the forestry workers in my riding, who have seen their mills go bankrupt one after another and who find themselves unemployed and unable to support their families.

There is no investment in helping the forestry industry, which is a very important sector of Quebec's economy, and particularly in the Portneuf region.

The Conservatives boast about having done more than anyone else to create manufacturing jobs, but where are the results? Where are the jobs in Portneuf—Jacques-Cartier?

Finally, the residents in my riding are particularly concerned about the major changes that this government wants to make to our system of environmental assessments for the benefit of big oil companies.

Have the Conservatives learned nothing from past experience? This week, the Commissioner of the Environment and Sustainable Development reported that there are tens of thousands of contaminated federal sites, whose decontamination would cost more than $7 billion.

One of these sites, located in Shannon, is well known to Quebeckers. This tragic story of groundwater contaminated by TCE is unfortunately still going on today, and this government is refusing to live up to its responsibilities and take quick action to decontaminate the affected sites.

All possible measures must be taken to prevent toxic chemicals from finding their way into our ecosystems. One of the best ways of doing so is to ensure that comprehensive environmental assessments are carried out before each new natural resources development project. The time period over which these assessments are carried out must never be reduced, and the opportunity to speak out on such projects must never be restricted, yet two of the new measures this government wants to impose on us would do just that.

The residents of Portneuf—Jacques-Cartier and particularly the residents of Shannon know only too well the devastation caused by the contamination of water and soil and do not want these sorts of tragedies to happen again.

How can this government justify putting the lives of Canadians in danger with Bill C-38? It is absolutely unthinkable.

In conclusion—and I know I only have a little time left—I want to use my time to congratulate my colleague from Parkdale-High Park, who proposed a first-rate motion to amend this bill, which is totally unacceptable in its current form. I would like to congratulate her on her outstanding work on this issue. The solutions she is putting forward are sensible, rational and reasonable and should be implemented. My colleagues and I will continue to work with this aim in mind.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 4:10 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I would like my colleague to explain why this government cannot demonstrate accountability and transparency with respect to its omnibus Bill C-38.

In their 2011 election platform, the Conservatives promised not to reduce transfer payments to individuals or the provinces for essentials, such as health care, education and pensions.

Then, on June 7, 2011, the Prime Minister rose in the House of Commons and said, “Our government has been very clear. We will not cut pensions.”

Why are his statements so unacceptably inconsistent? I would like the member opposite to explain to me why the Conservatives misled Quebeckers and Canadians.

May 10th, 2012 / 3:50 p.m.
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Conservative

The Chair Conservative David Tilson

I can tell you what this committee has normally done in the past and what I plan in the future.

When we finish one project, we generally meet as a subcommittee and plan what we're going to do in the future. There are all kinds of things. We debate what items we're going to.... It could be those items. The government may have some suggestions. The official opposition may have some suggestions. They have one now.

We were going to meet next week, as a subcommittee, to plan where we're going in the future. So I'm at a little bit of a loss.

You are, in a way, contradicting your whole approach to Bill C-31. You have complained that we're not having enough time, and now you appear to want to debate a motion on Bill C-38.

The government has indicated that it's not going to support your motion.

Quite frankly, I would prefer that the topic be left until we meet as a subcommittee. I first of all want to meet with the analysts and the clerk to hear what they have to say about the report we've been working on and to prepare a report for the subcommittee on their suggestions and some of the topics that have been raised in the past. That would take place next week, as opposed to now, in the middle of the time scheduled for dealing with Bill C-31.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:45 p.m.
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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, I am privileged to rise in the House today to speak on behalf of my constituents of Toronto—Danforth and all Canadians who are deeply worried by the Conservative government's assault on democracy in the form of this omnibus budget implementation act.

A full one-third of Bill C-38 is dedicated to the gutting of environmental regulation and protection. In addition, the bill includes a series of previously unannounced measures that will contribute to a less transparent and more secretive environment.

These measures include a massive gutting of the powers of the Auditor General'. In addition to the content of the bill, we take issue with its undemocratic nature.

The Conservatives truly are trying to hide from oversight and avoid accountability with this bill, both in terms of how it is going through the House and its content. It is inappropriate to put so many sweeping changes to so many different areas in a single budget bill. This is purely inappropriate legislative behaviour.

I will touch on just some of the areas hammered by Bill C-38, starting with the environment. This week, 10 of the leading environmental organizations launched a protest campaign to raise awareness of the huge threat the Conservative budget represents to the environment. However, they equally wish us all to understand the onslaught against democracy itself represented by this bill. Parliamentary democracy is under assault by the wholesale regressive transformation of federal environmental law without serious opportunity to debate and scrutinize, and much of the change in the budget bill is transparently intended to cripple the elements of participatory democracy that are part of current environmental law.

The campaign of these 10 brave groups is called Black Out Speak Out or Silence, on parle! in French, and it asks Canadians to darken their websites on June 4 as a form of collective national protest. Why do I say that they are brave? It is because members of the Conservative government have already attacked them as being radical, extremists and money launderers, and the budget itself seeks to chill their participation in education and advocacy around the environment by encouraging Revenue Canada to go after its charitable status. They know they will be targeted by the government and its big-oil partners and front groups.

In fact, the government has earmarked $8 million at least to help the Canada Revenue Agency go after charities ostensibly engaging in political activity or being funded by so-called foreign sources. In the hands of a government at war with environmental and social justice organizations, this is a frightening new spending initiative.

Finally, on the theme of the environment, I will mention a matter close to the hearts of the people of Toronto—Danforth. There is no renewal of the ecoenergy home retrofit program that was very popular with Toronto residents, including those in my riding and, most important, very valuable as a sustainability measure.

I will now pick up on the theme of removing oversight and accountability. The budget implementation bill would create a much more secretive and non-transparent government through removal and closure of oversight powers and bodies. Bill C-38 would eliminate the mandatory Auditor General oversight of financial performance and reporting by no less than 12 agencies by removing provisions that require the Auditor General to audit accounts, financial statements and financial transactions. This includes the Canada Revenue Agency, ironically enough.

As if that were not enough, it would also eliminate the position of the Inspector General for the Canadian Security and Intelligence Service, which would drastically reduce accountability at CSIS, especially since we know that the Inspector General's recent reports have been critical of CSIS and the government. I think it is fair to assume that this critical scrutiny is most probably the reason the Inspector General would be eliminated as an institution. Once again, this shows that the government is dealing another, not just hammer blow but sledgehammer blow to the core foundations of our democracy.

I will now briefly speak to old age security, OAS. I hope to speak later in the day on the private member's bill. I will simply say the obvious. The Conservatives did not campaign on cutting OAS. Davos was the context for the Prime Minister to spring this on us. Now we know that the age of eligibility will rise over time from 65 to 67.

“Rise over time” are the key words because that has allowed the government to spread the disingenuous message that it is not current seniors who need to worry about this budget, but those coming afterward who just have to plan their affairs. This is the ultimate in wedge politics.

Seniors who now know they are “safe”, in the government terms, however, are among the most outraged. I can attest to that by virtue of the most recent byelection campaign I was part of and talking to people since. They are thinking of those coming after them, unlike the government, and do not buy into the crass assumption that they will not care and, therefore, will vote for the Conservatives because they are shielded from the immediate effect.

On housing, the people of Toronto—Danforth are extremely disappointed that there is nothing for affordable nor social housing in the budget bill and this has been condemned by the Federation of Canadian Municipalities, which stated:

A healthy housing sector, able to meet a broad range of needs, is a vital part of the economic and social wellbeing of any community.

Local governments have been implementing an array of initiatives to increase and preserve the supply of rental and affordable housing. ...municipalities are doing their part; but they can’t do it alone.

Cities have clearly been left out on housing, on transit and on other fronts.

Furthermore, yesterday, the Mental Health Commission of Canada released its mental health strategy and stated the importance of affordable, secure and safe housing for people living with mental health problems and illnesses and yet there is nothing in this budget for them.

Other important cuts are buried in the bill and/or indirectly created by the bill, such as cuts to CBC Radio drama. As we know, all drama programming of Radio One has been eliminated. I have been receiving many complaints from my constituents. One wrote the following:

...cutting the CBC's budget is detrimental not only to the Canadian arts community and the listening public, but to political culture in Canada.

I could not agree more.

As demonstrated by an article in the The Globe and Mail on April 12 by Kelly Nestruck, drama programming nurtured numerous playwrights and actors and allowed them to gain national attention while furthering the public's understanding of politics and society.

Afghanada, for example, not only “was the source of employment of an astonishing number of young Canadian playwrights”, but it also was the only drama to further our understanding of the causes and the legacy of the Canadian Forces mission in Afghanistan until the very recent wave of stage plays have finally rolled out.

It is a shame that the government is cutting spending on areas like CBC Radio drama that have had a long and culturally valuable history of informing, stimulating and, yes indeed, entertaining Canadians.

To conclude, the Conservatives clearly do not understand the connections between healthy communities and the health of the economy.

So what are we doing about it? These sweeping changes are going through the wrong forum. They should not be hidden in a budget bill in this manner. Trojan Horse budget bills should not become the new normal.

If the government is not afraid of being held accountable, it should agree to work with us in order to split this bill up into several bills.

Unfortunately, it appears that the government has already rejected the possibility of splitting this bill into more manageable tranches for Parliament to study. I hope there is still time for it to reconsider.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:40 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I rise on a point of order. I fail to see the relevance to Bill C-38. The member is speaking about things in the Manitoba legislature. That is not relevant to this legislation.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:30 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, it is a pleasure to rise to speak to Bill C-38, the economic action plan for 2012.

I want to make a bit of a contrast between what our Conservative government is doing in our budget and what the Manitoba NDP is doing in its provincial budget.

One thing I am glad to see in the federal budget and economic action plan 2012 is the mention of further funding for Lake Winnipeg to support our initiatives for clean water, clean air and clean land.

Overall, we have been investing for the past four years, through the Lake Winnipeg Basin initiative, which included the Lake Winnipeg water stewardship fund and which really has helped community-based projects. It assisted with science and research that looked at reducing algae and nutrient loads in Lake Winnipeg, ensuring we would have less beach closures due to contamination as a result of municipal and agricultural runoff and natural nutrient loads in Lake Winnipeg and throughout the entire watershed.

This watershed carries on, not just immediately around Lake Winnipeg. It includes almost the entire province of Manitoba, almost all of North Dakota, half of Minnesota and a bit of South Dakota. All of the southern prairies, including Saskatchewan and Alberta as well as northwestern Ontario all flow into Lake Winnipeg. It was a $14 million project over four years that invested heavily through Environment Canada into the scientific community, working with academics at universities throughout the watershed.

Unfortunately the Manitoba NDP provincial budget is completely mute on any new initiatives to protect Lake Winnipeg, to reduce nutrient loads, to ensure we can move ahead for a healthy rural economy and have a good fishery in Lake Winnipeg.

One of the things we have been talking about throughout Bill C-38 is the changes to the Fisheries Act and how those focus on improving the approval of drainage projects through rural Canada, especially those around agricultural lands.

All too often municipalities and farmers, in dealing with the Department of Fisheries and Oceans, had nothing but delay after delay to do things as simple as cleaning out a ditch, replacing a culvert, replacing a crossing on a provincial drain or ensuring a drain was expanded to handle the excess moisture that could be falling in agricultural areas from time to time. It was always classified as fish habitat.

We know it is not fish habitat. Most of the year those drains, ditches and culverts are dry. There is not a fish in them. The bill would remove that burden from the federal fisheries, allowing it to focus on actual fish habitat, being rivers, creeks and lakes. It would ensure that any project occurring in those natural habitats would done quicker and assessments would be done expediently, so those projects could be done in an environmentally sensitive manner and enhance and protect fish habitat. There will not be overly cumbersome processes on municipalities and farmers in conducting their drainage projects.

My area of Selkirk—Interlake has been hit extremely hard over the past five years by excess moisture. Therefore, we want to address this critical issue. We will do that through the federal budget.

In Manitoba, the province has enhanced permit processes happening through water stewardship and more delays happening for things like lagoons, grey water from farmyards and farmhouses, making it more difficult for people to live in rural Manitoba. That just does not fly very far. I represent a rural area and most people are getting quite perturbed by the attack on rural Manitoba, which the provincial NDP has done.

This all relates to flood protection. In economic action plan 2012 and Bill C-38, I am glad we are increasing funding for permanent flood mitigation efforts by $99 million over the next three years, which is available to the provinces and territories. We are particularly concentrating on ensuring we have flood mitigation in place to deal with the flooding we experienced in 2011.

Whether it was the flooding in the Richelieu Valley in Quebec, or the excess flooding in southern Manitoba and southern Saskatchewan or the excessive flooding we are still experiencing along Lake Manitoba in my riding, this will help the provinces and municipalities build those permanent dikes, put in place proper controls and infrastructure to protect farm land and property and to ensure cottage owners and people who live in those beautiful pristine areas along our lakes and rivers have the protection they deserve, the same type of protection they would get in urban centres, especially like the city of Winnipeg.

This is in addition to all the money that we are going to be pouring into Manitoba through disaster financial assistance arrangements. We are going to be paying eligible expenses based upon the size of the flooding and the cost of the flood. Over 90% of the funds will be coming from the federal treasury because the province of Manitoba has complained so much that it is being overburdened with the cost of the flooding. We provided a cash advance of $50 million to help it pay for upfront costs and to help homeowners, farmers, communities and municipalities deal with all the excess costs that they had in dealing with the flood last year.

Manitoba has essentially not given us any credit for doing that. It continues to complain, saying that its costs and its budget shortfall of $930 million is because of the flood. Its flooding costs have just been over $300 million to date, cash out of pocket.

The Manitoba budget this year was an admission of mismanagement. It had to hire more adjusters. It is a year after the fact and those adjusters have still not finalized claims. People are still waiting for their money. Municipalities have still not been paid for damage that was done, roads that were replaced and dikes that were built. It is just too little, too late from the Manitoba NDP government.

I am proud that over the years since we have been government we have been reducing the GST. We reduced the GST from 7% to 6% to 5%. That has been a huge help to taxpayers and consumers. It keeps the cost of everything lower, mitigating the increases that happen every time a tax is put in place. It just keeps snowballing out of control.

What did the provincial NDP do? Let us look at the example of gas. If gas is $1.25 a litre, reducing that gas by 2% creates a 2.5¢ per litre saving for Manitobans. But what did Stan Struthers do in the last provincial NDP government budget? He put in place a gas tax of 2.5¢ per litre. That is a tax grab. That takes away the savings that we had passed on to Manitobans and to all Canadians. That is highway robbery because everybody has to drive. In Manitoba, it is unfairly hurting seniors and those living on fixed incomes. It is a direct attack on rural Manitobans because they have to drive the farthest and the most often. They are carrying that burden.

The other thing I want to point out is the income tax difference. We have continued to introduce tax measures that reduce the amount of taxes Manitobans and Canadians are paying.

I want to look at an average income of $40,000. In 1999, the year that the provincial NDP came to power, the federal tax was 17% on the first $29,590 and 26% on the next $10,410. The total payable federal income tax at that time was $7,736. In Manitoba, the tax at that time was 48.5% of the federal tax. If the federal tax was $7,736, the provincial tax would have been $3,752. Premier Selinger, who was the minister of finance at the time, delinked the provincial tax from the federal tax.

In 2011, federal tax was reduced to 15% on personal income and the tax bracket was moved up, so it is 15% on the entire $40,000. An individual would owe $6,000 in federal income tax. The Manitoba tax, though, is 10.8% on the first $31,000 and 12.7% on the remaining $9,000 of the $40,000. That is a total provincial tax due of $4,495--

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:15 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, that last comment from my colleague across the way about Canadians not being concerned about process is a keeper. Democracy is all about process and the opportunity for the public to engage in their political process.

However, today I take great pleasure in rising to speak to Bill C-38, the Trojan Horse bill.

My riding of Beaches—East York is an urban riding, and it is through that lens of urban reality, not exclusively but primarily, that my constituents look at Bill C-38, which is before the House today.

This is not just true of my riding. In our mind's eye this is a country of great lakes, rocky mountains, craggy coastlines and broad expanses, but about 80% of Canadians live in urban centres. We are an urban nation. This is important to recognize, because it is this reality, not some romanticized mythical or historical place, that the Conservatives have been elected to govern. However, the urban fact of this country is something not at all recognized by the government, as evidenced by this and successive budgets and this budget implementation bill. Simply speaking, cities and the urban experience do not seem to form any part of the government's understanding of our country or its citizens. Cities have been left out of this budget and this bill, as have those who live in them.

We all know by now the Federation of Canadian Municipalities' estimate of the urban infrastructure deficit. It is about $120 billion. That is an old number now, and surely an underestimate, because so little has been done to address this deficit and so few investments have been made in our cities. Another year comes, another budget comes; another year goes and another budget goes, with nothing done that can be considered remotely meaningful to address the matter.

There is no commitment to urban transit, even though many studies by many credible organizations—including the OECD, the Toronto Board of Trade in my own city and Statistics Canada—tell us that at least in Toronto, our lives are wasting away in traffic jams and on inadequate public transit. Our economy is losing billions of dollars annually in lost productivity because of that.

There is no commitment to affordable housing, even though in Toronto 70,000 households—about 200,000 people in all—wait interminably on a waiting list for affordable housing. Last week a constituent of mine, Paul Dowling, took me on a tour of 40 Oaks, a new 87-unit affordable housing project in downtown Toronto. The project has been much celebrated in the media and the community, not just because of its architectural and design features, which are wonderful and spiritual, but also because new affordable housing is so very rare. It is so hard to get built and yet of such tremendous value. It took Paul and the Toronto Christian Resource Centre eight long years and countless hours of volunteer time and fundraising to build a home for people who needed a home and a community hub for people who needed a place to be with others. There could be, should be and need to be many such buildings in our cities, but of course the current government is not a government to respond to these needs, because it is a government that creates these needs.

Blame for the state of our cities cannot be laid entirely at the feet of the government. It is following a path set out by its predecessors of both Liberal and Conservative persuasion. It has all been quantified by the OECD. Canada has the seventh-greatest level of income disparity among 29 advanced countries. The richest 1% of Canadians saw their share of total income increase by 65% from 1980 to 2007, and the richest 0.1% of Canadians saw their total income more than double over the same period, as successive Liberal and Conservative federal governments took down the very barriers we had once erected to offset income disparity.

Toronto, my city, had for a long time been known as a city of neighbourhoods. It was an apt description, at one time, of a Toronto largely made up of mixed-income neighbourhoods. In 1970, two-thirds of Toronto's neighbourhoods were middle income. In just over a generation, our city of neighbourhoods has become, as David Hulchanski describes in his “The Three Cities Within Toronto” study, “a city of disparities”. The middle has been, and continues to be, hollowed out. If we continue down this path, less than 10% of our neighbourhoods will be middle income in just a decade or so.

A number of factors are responsible for what has become of Toronto. In large part, it is the result of a dramatic change in both the number and quality of jobs available to Torontonians.

Toronto has lost about 100,000 manufacturing jobs in less than a decade. The broader economic region of southern Ontario has lost about 300,000 manufacturing jobs. Many of these jobs have been lost as the result of a trade policy that establishes bilateral trade agreements with low-wage economies. The outcome, alongside the creation of a ballooning current account deficit, is the destruction of good manufacturing jobs and an expansive middle class that goes along with them. The government's commitment to pursue more vigorously such trade agreements will only hasten the decline of good jobs in Toronto and the demise of the middle class.

A recent study lays out about half of these job losses at the feet of so-called Dutch disease; that is the decline in the manufacturing sector caused by increased development of natural resources and corresponding currency escalation. This bill's savaging of environmental protections will only again hasten the demise of good jobs in Toronto and the demise of the middle class.

In place of good jobs are jobs that all too often leave workers in poverty. According to a recent Metcalf Foundation study, as of 2005, nearly one in ten workers in our city are living in poverty, but too many more cannot find work, especially Toronto's youth, with an unemployment rate creeping up on 20%.

Finally, and most offensively, it is into such a labour market the government proposes to force our seniors. With this budget, the government has at last decoded for us the Prime Minister's remarks in Switzerland in January about transforming our pension system. With Bill C-38, the government is about to implement these changes. Effective 2023, all Canadians not yet 65 years old can anticipate having to work longer before receiving their old age security and corresponding guaranteed income supplement.

As the federal budget and its implementation bill reveal, the government cannot imagine Canada as anything other than resource dependent. Most Canadians, certainly the 80% of us who live in cities, have been hoping for a different and more promising future for a long time. This lack of vision will be felt across urban Canada and in Toronto, most certainly.

There are ways to unwind the vicious spiral that has gripped our city, but our course will not change without adequate leadership from the federal government. In other G8 countries, governments have become major players in the financial, economic and cultural life of their cities. It is well past time for ours to do the same.

Canada's cities await the chance to be great. We await a federal government that finally understands that a city must be organized and its resources must be marshalled for the benefit of all of us who share the space. None of us succeed, much less thrive, as citizens of Canadian cities if we do not build cities that serve us all well. With this federal budget, we are forced to wait longer for cities and their citizens to fulfill their great potential.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member needs to recognize that the government is actually using the budget debate, Bill C-38, as a back door for passing significant pieces of legislation, which is a precedent in itself.

Over 400 pages are in the budget bill, a bill that should have had 20 pages. There are well over 400 pages, of which 120 deal with the environment. This will have a profound impact on generations of Canadians during the years ahead. It should have been brought in as separate legislation. That approach would have afforded the House the opportunity to debate the legislation, take it to committee on its own, have experts from across Canada come and contribute to the debate, and then bring it back to the House for third reading. That would have been due diligence. That would have been the right way to do it.

Why has the government used a back door for so many piece of legislation that should have been brought in separately?

The House resumed consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Business of the HouseOral Questions

May 10th, 2012 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, our government's priority is, of course, the economy. We are committed to job creation and economic growth.

As a result, this afternoon we will continue debate on Bill C-38, the jobs, growth and long-term prosperity act. This bill implements the budget, Canada's economic action plan 2012, to ensure certainty for the economy.

For the benefit of Canadians and parliamentarians, when we introduced the bill, we said we would vote on it on May 14. The second reading vote on the jobs, growth and long-term prosperity act will be on May 14.

After tomorrow, which will be the final day of debate on this bill, we will have had the longest second reading debate on a budget bill in at least the last two decades.

On Monday and Tuesday we will continue with another bill that will support the Canadian economy and job creation, especially in the digital and creative sectors.

We will have report stage and third reading debate on Bill C-11, the Copyright Modernization Act.

This bill puts forth a balanced, common sense plan to modernize our copyright laws. Committees have met for over 60 hours and heard from almost 200 witnesses. All of this is in addition to the second reading debate on Bill C-11 of 10 sitting days.

After all that debate and study, it is time for the measures to be fully implemented so Canadians can take advantage of the updated rules and create new high-quality digital jobs.

Should the opposition agree that we have already had ample debate on Bill C-11, we will debate Bill C-25, the pooled registered pension plans act; Bill C-23, the Canada–Jordan free trade act; and Bill C-15, the strengthening military justice in the defence of Canada act in the remaining time on Monday and Tuesday.

Wednesday, May 16, will be the next allotted day.

On Thursday morning, May 17, we will debate the pooled registered pension plans act. This bill will help Canadians who are self-employed or who work for a small business to secure a stable retirement.

In the last election, we committed to Canadians that we would implement these plans as soon as possible. This is what Canadians voted for and this is what we will do.

If it has been reported back from committee, we will call Bill C-31, the protecting Canada's immigration system act, for report stage debate on Thursday afternoon.

Business of the HouseOral Questions

May 10th, 2012 / 3:05 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, it is obvious that the government does not want to listen to Canadians, does not respect parliamentary conventions, and does not want to split Bill C-38, the Trojan Horse.

This bill will gut environmental protections, take money out of the hands of pensioners and further reduce the powers of the Auditor General.

I am wondering what else the government has in store for Canadians.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:50 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, giving a speech on Bill C-38, the budget implementation act, is a true honour for me. We are dealing with one of the most substantial budgets in decades and it is extremely important to the future of the country.

Before I get into that, I am very surprised at what I have heard over these last days of debate on the bill. I have heard members say, “That is there, and that may be all right, but there is something hidden, and it is such a big document, we cannot study it”. They say that they do not have enough speaking time, yet the member for Burnaby—New Westminster took 11 hours in a filibuster, which deprived 44 members of a chance to speak to the bill.

What were we to do? Were we to let every member of the House filibuster for 11 hours? We could have been years on the bill. We have to deal with the bill. We hear a lot of nonsense from the members opposite, but quite frankly that nonsense does not cut it. What is in the bill is very significant and important to the future of our country, and it is extremely positive legislation.

I will talk about one part of the legislation, and that is the responsible development strategy. This part of the legislation is truly the most significant change that any government in our country has made in decades. It is extremely important, and I will give hon. members an idea of why I believe that in the 10 minutes I have.

First, we have heard from companies across the country that they want to invest about $500 billion in 500 major projects in the next 10 years. That is a lot of investment. That investment is not just in Alberta, Saskatchewan and British Columbia. That investment is right across the country. There would be huge investments in Atlantic Canada and in Quebec. In Ontario the ring of fire is a mammoth project. It is almost unimaginable, judging from what we heard from witnesses at our natural resources committee.

This is extremely significant and important legislation, and the part on responsible development is pivotal in the future of the country. It will mean our children and our grandchildren, and even our great grandchildren, will have extremely good, top-notch, top-paying jobs, jobs that are fun to go to every because they are exciting and people can really make things happen. This change in legislation will allow that to happen.

I chair the natural resources committee. We have been hearing from witnesses on various studies, most recently resource development in northern Canada. We did a major study on forestry in Canada. We did a study on the ring of fire in northern Ontario. We have done some fascinating studies and we have heard four main concerns from witnesses on development.

Almost all of them brought forward these concerns. This is not only from business owners and business managers. This is from union leaders who are concerned about future jobs for their members. It is from community leaders. It is from a wide range of people right across the country. They say that these things have to change in order to allow Canada to develop these incredibly good jobs for our children and grandchildren.

From almost all of the witnesses, we heard there was an infrastructure need. Much of that infrastructure the companies themselves are willing to put in place. It is that important to their projects. A lot of resource companies have some cash right now so they are willing to do that. For those who follow, they are willing to make an arrangement so that they pay for the development of infrastructure they put in place.

That includes the obvious things like roads, bridges and that kind of thing. It also includes something else, which is an even bigger problem for many of these natural resources developments, and that is a power supply. They need a relatively small power supply for running a mine, for example, but they need a much larger power supply if they are to add some value right at the site and if they are to refine the ore into one of the end products, or all of the end products. That takes a lot larger electricity supply, and getting that supply is a major infrastructure demand.

Many companies can do that, working with other companies. Some have suggested that maybe there might be some need for either provincial or federal government lending or some such thing, but infrastructure is an important thing.

The second thing almost every witness talked about, and this is not an exaggeration as anybody sitting on the committee would know, is the shortage of skilled workers.

A lot of people think the shortage is only in western Canada. However, that is not the case. The shortage exists in every province and territory in the country. Now it is not in every town. As we know, some communities have very high rates of unemployment. However, that shows another problem that we will start to deal with in the budget implementation act and in our budget. It makes that connection between the areas of relatively high unemployment and the desperate need for skilled workers. I will talk more about how we will do that a little later, but it is a connection that we have gone a long way to make in this budget. We have done some of that over the past few years, but there is more to be done.

As there is an incredible need for skilled workers, we have put more money into post-secondary education, universities, technical schools and community colleges so our kids can get their education closer to home. All of that is helping to solve this problem.

Also, this shortage has become a huge opportunity for first nations across the country. Almost every one of these resource development projects is near or involves a first nation community. We know that in many of these communities there is a high level of unemployment, so this opportunity is there.

Many of our companies across the country are taking advantage of that source of workers by offering not only training but teaching these people how to get into the workplace to get some of the top-notch jobs that are available. That is a benefit of the skilled worker shortage. We are getting first nation people much more involved, sometimes through their own companies and sometimes through working for someone else.

Third, if we are going to have these developments take place in Canada, we have to become more competitive.

Canadians simply are not very competitive. For example, we are not competitive compared to our American neighbours. Therefore, if we want to keep these high wage jobs and if we want to create more, then we have to become more competitive. We have to do that through new innovation, new technology, et cetera. We have a major focus in the budget on exactly that and we will move ahead with it. This third area is of great concern to all companies and we will deal with it along with them, because they often take the lead on that.

Fourth, we need a better regulatory system. These companies have made it very clear that they can either invest their $500 billion in Canada or they can take it anywhere else in the world, and they mean it. They are not married to our country; they can go anywhere. Therefore, we have to ensure we get these projects in Canada and that means improving our regulatory approval system. A lot of the budget is about that. We have to improve the process for not only for large projects, but for small projects as well.

I have heard from municipalities across the country about the difficulty they have when they put a larger culvert in to move water across the road. The cost of doing that is triple in many cases because the regulatory process runs interference.

For large and small projects, we need to have a streamlined regulatory process. Does that mean we will ignore the environment? It is exactly the opposite. Instead, we will have a focused environmental process that will bring together the federal, provincial and local governments, first nations and private business. Together they will go hand in hand sharing information and expertise. The end result will be a better environmental assessment process and there will be more certainly in that process. Therefore, these companies will be willing to invest their money if there is certainty. If they know the government part of the process for a major project will not take more than two years, they can live with that and go ahead with their investment.

I cannot overstate the importance of what is being done through the budget, particularly through the common sense approach to the regulatory process reform. I am proud to stand as a member of the Conservative caucus. I am proud to be a part of what will be the most significant government action taken for generations to come.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:45 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, one of the sleeper issues that we are only just finding, deep in the bowels of Bill C-38, is that the bill repeals the Fair Wages and Hours of Labour Act. This came as a shock to me. Any federally-regulated construction project now has no federal fair wage employment standards. That includes military bases, prisons, telecommunication projects, banking, ports or cross-border, interprovincial projects such as pipelines.

Is it not a happy coincidence that pipelines no longer have any minimum standards, where the prevailing rates have to be paid to tradespeople, or any limitation on the hours of work they can work without any overtime? The Conservatives know full well these companies will not get Canadian tradespeople at $10 an hour for a 60 hour work week with no overtime, but they open the door to temporary foreign workers. With only 10 days' notice now, companies can get as many temporary foreign workers as they want.

Why would the Government of Canada sell out Canadian construction workers, drive down the prevailing wages and open the door for temporary foreign workers to eat our lunch on one of the biggest construction projects in the history of North America?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:35 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to have a few minutes to talk about this omnibus bill, this huge 400- to 500-page budget bill, which is going to change the face of Canada. The bill is full of bundled information. I am disappointed that, instead of dealing with something that is maybe 50 pages, we have to try to dissect something that is 400 or 500 pages and full of all kinds of changes to everything we could possibly think of.

I have been here now for 13 years. I have been in cabinet. I have been on the back bench and I have been on the front bench. I have been in opposition and in government. I have never seen such a lack of respect for democracy in this country and for the Parliament of Canada and parliamentarians as this attempt to put all of this into an omnibus bill that would change so much with so little input from Parliament. The bill is designed specifically in a way that undermines the essential and historic role Parliament plays in writing and passing good and sound laws.

Bill C-38 attacks old age security and would implement budget 2012, which the Liberal caucus clearly opposes.

The bill includes many other items, including the gutting of 50 years of environmental protection.

Bill C-38 should not be a single omnibus bill, and for these reasons and many more, I will be opposing this legislation quite happily.

Bill C-38 would make sweeping changes to 60 different acts of this Parliament. It would rewrite a generation's worth of environmental regulation and oversight and roll back assistance for low- and middle-income seniors.

Bill C-38 would change program rules such as the employment insurance rules that would affect claimants' ability to reject jobs that are not within the field associated with their expertise. Just imagine being on employment insurance. Never mind being told one must take a job 50 miles away, but one must take a job possibly all the way to the west or to the east. Imagine what that would do to a family. It is bad enough to be unemployed without being forced to relocate away from family and all of the struggles that are there. It is all just part of the meanness that is clearly evident in the government. A lack of concern and a lack of compassion for Canadians is what it is all about.

I have no concern with change. Frankly I welcome change. I would welcome an opportunity to truly debate the bill, as would all of us. Our role here is to make Canada better, not to support making Canada worse and treating its citizens with disrespect.

Parliament has a constitutional role that includes spending oversight. Even the Conservative government cannot sidestep that, even though it is not for lack of trying.

The government has already moved and passed closure on the bill, limiting debate within the House. Rest assured; that will come back and the government will pay a price for that, if not today, then tomorrow.

The Conservative government has pursued a policy of forcing committees into closed sessions at every opportunity, further locking Canadians out of the parliamentary process. The Conservatives have set up special rules for senators that they are refusing to allow for elected members of the House. What are they so afraid of? Openness, public debate and discussion are allowed in the Senate but not allowed here in the House of Commons where we are truly supposed to be having that kind of debate.

We did have some success in the Senate though. The Liberals asked that the bill be split up so that the relevant Senate committees could study it, just exactly the kind of thing we asked for a couple of weeks ago here in the House. The Conservatives would not allow that because we might actually debate important issues that they might disagree with. There was a time when the Prime Minister rallied against the other place, but today he seems prepared to give it every consideration as long as it does what he wants.

There was also a time when the Prime Minister rallied against heavy-handed and reckless governing, but now that he is in charge he seems to enjoy it. These are not his first policy reversals, though, since becoming Prime Minister. Conveniently forgetting his election promises seems to be a speciality of the Prime Minister.

The bill attacks a variety of things, including our immigration laws. The bill would allow foreign workers who have come to Canada, be they seasonal or temporary, to be paid less than people working beside them.

Just imagine what that would do to the reputation of this country. We are looking to exploit people who are basically just looking for a day's pay, coming from another country for a short period of time, leaving their families and homes, to fill a need we have. We would pay them less than anybody else who is doing that job.

The bill would also raise the age at which seniors can get a pension. It would take $30,000 out of the pocket of every Canadian, while the government members stand back and say they are reducing taxes, or doing this or that. They would take $30,000 out of the pocket of every Canadian who is 54 years of age and under.

The budget would rewrite the Canadian Environmental Assessment Act, handing power to cabinet, to be used behind closed doors. It would amend the Canadian Oil and Gas Operations Act, the Nuclear Safety and Control Act, the Fisheries Act, the Species at Risk Act, legislation that is all related, interestingly enough, to the northern gateway pipeline. One has to wonder what that is all about. It would not affect some areas, but specifically those areas, to get rid of what government members continue to see as roadblocks to their ultimate goal, which is to see that pipeline go through.

As I indicated before, the Prime Minister and the government are breaking a specific promise. The Prime Minister indicated two months before the election, in March 2011, that he would not change the health transfers. He would not cut health transfers or social payments, or touch pensions. That was in March 2011.

Now what is the Prime Minister doing? He is ignoring the advice of the worldwide OECD, Canada's chief actuarial officer, his own Parliamentary Budget Officer and even the government's experts, who all agree this change is not necessary, as Canada's OAS program is already and will continue to be sustainable. Worse yet, he is betraying the trust of Canadians, as all the government members have done. None of them have stood up and opposed it. None of them have had the courage to do that. This change is going to hit Canada's most vulnerable people.

Some of these changes negatively alter federal protection of waterways and limit the list of protected species, without a scientific basis, which is always the way the government does it. Never mind evidence-based science that shows one should not do this or that; it is all about political expediency.

Some of those changes to immigration would affect 100,000 immigration applications made by people who want to come to Canada, which have been in the queue for years. What does the government do? It throws them all out. It does not care. Let people start all over again. They will never get to this country in their lifetimes. Some of those changes would fundamentally change the way we welcome new Canadians to this country.

We at least owe it to Canadians to fully vet and debate the changes. That is what democracy is all about. It does not work in secret. That is not the way it is supposed to happen in Canada.

Bill C-38 would radically shift power from publicly accessible oversight and regulatory mechanisms to the bloated autocracy found within the Prime Minister's office. Bill C-38 is essentially a document that wrestles power from Parliament and Canadians and places it directly into the waiting hands of the Prime Minister.

I have to ask how long it will take before the Prime Minister will approve the northern gateway pipeline, after environmental oversight is removed. I do not think it is going to take very long.

I ask what the next cuts are that are going to happen, whether to seniors or other Canadians. What are the other things that are considered by this government to be irrelevant, that it does not care about and has little respect for?

This is just the beginning of many, many changes that are going to come to this country of ours that we call Canada. Clearly, in 2015, with these changes coming through, Canada will not look the same.

I for one, as a parliamentarian, find it very sad that we are also being denied the chance to debate these issues. It is one thing to have a healthy debate on them, where we respect each other, and something passes. That is the way it is. To have these changes made while muzzling everyone is truly a slap in the face for democracy in this country.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:15 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, my colleague is making stuff up. Nobody has ever said that he or she will shut down the oil sands. People have said that they would develop the oil sands in a responsible and environmentally sustainable way.

Here is a fact that maybe my colleague does not know. I will bet dollars to donuts that he does not know that Bill C-38 repeals the fair wages act. I also bet that he does know that fully 30% of all the jobs created in this country from 2007 to today have been filled by temporary foreign workers, not by Canadians, and not just in high paying jobs but at Tim Hortons and as chamber maids in hotels. The reason Canadians are not taking those jobs is because of their lousy wage. Maybe if people paid a living wage, Canadians would apply for those jobs.

Temporary foreign workers is not a human resources strategy. It is the polar opposite of a human resources strategy. It is admitting defeat.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:05 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, we keep unearthing all these little treasures hidden deep in the bowels of Bill C-38 that we did not even realize were being snuck into this omnibus bill. Now we know why they were put there and their significance.

Bill C-38 repeals the Fair Wages and Hours of Labour Act. This is the construction fair wages act for the federal jurisdiction. For 100 years, we have been fighting for fair wages and working conditions for the construction industry. It is an industry with a transient workforce. Contractors and the like can exploit desperate working people in the construction industry if we do not have regulations that prevent them from doing so. This legislation took wages out of competition so that contractors would win their jobs based on their merits, skills and productivity, not on their ability to find cheaper labour because, by virtue of the fair wages act, it was agreed that it does not benefit anyone.

We have a quaint expression where I come from that “fair wages benefit the whole community”. It is virtuous to have a well-paid, consuming, middle class. It is good for the economy. Driving down the wages of Canadian workers is in no one's best interest. Members would know that the federal government is one of the largest consumers of construction industry services in the country. This act applied to any construction project contracted by the federal government, including military bases, prisons, ports, banking and telecommunications. The Canada Labour Code, which is the federal labour code, applies to all of those including projects that go across provincial borders. What comes to mind when we think about large projects that might span interprovincial borders are pipelines. We have unearthed now that deep within Bill C-38 the federal government has eliminated the fair wages and working conditions that are found in this act. It has completely eradicated that.

The act also states that contractors, whether unionized or non-unionized, have to pay the prevailing wage. This is usually determined by the Minister of Labour by consulting in that area what a normal prevailing wage would be, not the union scale but somewhere in the same living-wage ballpark. As well, it sets the hours of work, including that no construction worker has to work more than 48 hours without time and a half overtime.

All of that has been eradicated. Now, a contractor can bid on one of these federal jobs and post a job notice saying “Wanted: Carpenters, $8 an hour, 84 hour work week, straight time”. No one will apply for that job, which opens the door to the other side of the coin, to mix a metaphor.

The other side of the coin is that the government has changed the laws for temporary foreign workers again by virtue of recent legislation to the point where a contractor can get temporary foreign workers within 10 days. Where do they come from? They are not some unemployed guys in Bangladesh who notice a job opportunity in Winnipeg, Manitoba. Rather, they come from international labour brokers who are peddling crews of temporary foreign workers all over the world for construction projects. We call them labour pimps. Unfortunately, many of the workers working for these international labour brokers are working in a form of bonded servitude for substandard wages with substandard living, health and safety conditions. Not only are they exploiting those temporary foreign workers, they are also driving down the wage and industry standards of Canadian workers by virtue of these contractors who will undoubtedly win every job.

I know construction. I am a journeyman carpenter. I spent my whole life in construction. I used to be a representative of the carpenters' union. I know the margins that construction contractors play with. There is only 2% or 3% between this bid and that bid. It is very competitive. Contractors who bid a job by pricing out labour at 20% and 30% and 40% lower than their competitors will win every job, every time. They will drive down the prevailing wage, because those other contractors will now have to start bidding lower if they are to ever win a job.

To whose benefit is it to drive down the fair wages of Canadian workers? Let me point out a secondary problem this raises. How are we going to attract bright, young men and women into the building trades if the normal wage is now going to be $8, $9 or $10 an hour instead of the $20 or $30 that it is now? Try feeding a family on $8, $9 or $10 an hour. Nobody in his or her right mind is going to go into that industry. We are going to have temporary foreign workers all over again. This is a recipe for undermining the integrity of the construction industry. I believe it is set up specifically to enable the construction of interprovincial pipelines, which used to be subject to these fair wage standards. It is going to create an open door for contractors to avoid paying fair wages to Canadians and these things are going to be built with temporary foreign workers.

Let me provide a recent example. Unfortunately, the pulp mill in Gold River, British Columbia closed down due to normal market forces. The pulp mill was sold to China. Instead of hiring locals to tear down the pulp mill, the 400 men and women who worked there all their lives and knew every nut and bolt in the place, the mill owner applied for temporary foreign workers. The permit was granted. I have a copy of the application. It asked if the mill tried to find Canadians to do the job. The answer was yes. It asked for the reason it did not hire those Canadians. The answer was that the price was too high. Therefore, it brought in crews of guys from India, who sleep six to a hotel room, to tear down the pulp mill while Canadian workers were outside the fence looking in, wishing they had another 12 weeks so they could get a pogey claim at least.

These temporary foreign worker permits are being given away like party favours at Conservative Party conventions to anybody who asks for them. Now the rules have been changed to make it a 10-day turnaround. A company posts an ad in the paper saying carpenters are wanted for $8 an hour, no overtime, no benefits. Nobody applies for the job. Within 10 days, that company has a crew from an international labour broker pimp who is going to provide all the manpower for that job.

Another example is the Winnipeg international airport. Winnipeg is very proud of its airport. Why is it that unemployed Canadian carpenters were outside the fence watching a crew of temporary foreign workers build that airport? It is simple. It asked the government for it. The crew consisted of 80 guys from Lebanon. The last job they came from was in Latvia, where they built another big concrete job. These guys are moved all over the world because it is cheaper than paying Canadians a fair wage. Companies would rather pay foreign nationals, not landed immigrants but foreign nationals, our wages. They are eating our lunches and those jobs should be going to Canadians.

As if there were not enough to criticize in Bill C-38, the government has just repealed the Fair Wages and Hours of Labour Act. It makes one wonder what kind of a government is opposed to fair wages for Canadian workers. How many trusting blue-collar workers look to their government for support, not to undermine their living conditions? In its zeal to smash the unions, the government is dragging down the standard of living for the largest-employing industry sector in the country: the construction industry.

I know who is behind it: the merit shop contractors. They are regular and frequent visitors in the PMO. They went to the PMO and said, “It would be really great if we could win all the jobs. We win some of the jobs now, but it would be great if we could win all the jobs”. The government asked, “How can we help you?” They said, “Just eliminate the Fair Wages and Hours of Labour Act and then we can offer whatever wages we want, with no restrictions and no controls”.

It used to be that companies had to pay employees time and a half after 48 hours when they should have been paying them time and a half after 40 hours, but that was not good enough. Now they do not have to pay time and a half at all. Minimum wage is the only prevailing wage now, and I mean the provincial minimum wage, on these projects. It is destructive and counterproductive.

It is in nobody's best interest to ratchet down the wages and working conditions of Canadian workers. It is bad for the economy. The government says it is doing these things because it is good for the economy. What is good for the economy are well-paid, consuming, middle-class workers who are buying cars, houses and jeans for their kids, not people who are driven into the poorhouse by their government.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:50 p.m.
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Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I rise today in support of Bill C-38, the jobs, growth and long-term prosperity act as this legislation is vital to the implementation of the economic action plan 2012.

Economic action plan 2012 is a positive plan that will ensure Canada's economy remains strong. It is already forecasted to be at the head of the pack for economic growth in the G7 in the years ahead by both the independent International Monetary Fund and Organisation for Economic Co-operation and Development.

In the words of former Liberal finance minister John Manley, current president of the Canadian Council of Chief Executives:

Budget 2012 builds on our country’s reputation for fiscal responsibility, while at the same time establishing a more positive environment for private sector investment and growth.

In my time today I would like to focus on the necessary adjustments today's bill would make to the old age security program, or OAS, to ensure its long-term sustainability.

In 1952 the old age security program was launched, and I think we can all agree it was a very different world. At the time, life expectancy was significantly lower than it is today. Government policy-makers built the program around the understanding that seniors would be collecting OAS for only a few years after retirement. They also assumed there would always be a sufficient number of younger workers to finance OAS benefits through taxes. Because of these two assumptions, they were confident that the cost of the OAS system would continue to be manageable.

Those policy-makers could not have predicted 60 years ago the rise in longevity or the fall in our birth rates. They could not have anticipated how these two trends would threaten the sustainability of the OAS program. Let me be clear. This is not an issue of how much money will be saved, but rather whether the OAS program will be sustainable over the long term.

We want to ensure these benefits will be there for future generations when they need them. According to the World Health Organization, average life expectancy in Canada is one of the highest in the world. It is now almost 81 years, and it is increasing. Already one in seven Canadians is over the age of 65 and in 25 years nearly one in four Canadians will be a senior. The number of basic OAS pension beneficiaries is expected to grow from $4.7 million in 2010 to $9.3 million by 2030.

Canadians can be rightfully proud of our public pension system, which has been influential in dramatically reducing the incidence of poverty among seniors and enhancing their dignity and independence. As I said, the world has changed. When I say the world, I mean every country.

The demographic trends we are seeing in Canada are occurring all over the globe. Life expectancy is rising and birth rates are dropping. Population aging is happening more quickly in industrialized nations, which is why many of those countries have already moved to adapt their retirement support programs to account for this new reality.

In most cases, industrialized nations are raising the age of eligibility for retirement benefits, as this is the simplest and most effective way to ensure the sustainability of the program. Of the 34 nations in the OECD, 22 have made or will make the kinds of changes we have now proposed. Thankfully, because of the strong economic leadership of our Conservative government, Canada has the fiscal room to bring in these changes over a longer period of time.

Our government has pointed out that by 2030 there will only be two working age Canadians for every retired Canadian. If we do not adjust OAS, those two working age Canadians will support the tax burden that is currently shared by four working age Canadians.

Times change and government policies and programs must change with them. I would ask the NDP members to pay close attention to the words of Keith Ambachtsheer, director of the Rotman International Centre for Pension Management. He said:

You can't put your head in the sand...When you look at the underlying economics of what's going on...It's perfectly logical in a general sense to say, yes we're going to have to look at all social programs because of these demographics that are baked into the pie. There should be nothing surprising about that.

This is why we are making modern changes to OAS to strengthen it for the future.

We will gradually increase the age of eligibility for OAS and the guaranteed income supplement benefits from 65 to 67. This change will start in April 2023, with full implementation by January 2029, and will not affect anyone who is 54 years of age or older as of March 31 of this year. We owe it to future generations to leave them a solid OAS program and an affordable tax burden. We understand that we have to make these changes in a sensible way. That is why these changes do not apply to seniors or near seniors, and there will be no reduction in benefits to seniors.

We are also making other significant positive reforms to OAS through today's act. To improve flexibility and choice in the OAS program, starting on July 1, 2013, we will allow for the voluntary deferral of the OAS pension for up to five years, allowing Canadians the option of deferring take-up of their OAS pension to a later time and receiving a higher actuarially adjusted annual pension.

We are also putting in place a proactive enrollment regime for OAS and GIS to reduce the burden on seniors of completing application processes and reduce the government's administrative costs, a major positive change.

In the words of noted personal finance author, Gordon Pape, writing in the Toronto Star, it is:

—a welcome elimination of bureaucratic red tape that should have the effect of putting a lot more money into the hands of seniors....This means that many people will no longer have to apply for benefits when they turn 65 – the payments will come automatically.... The potential gain for seniors is huge....any change that simplifies the process and gets some of that foregone money into the hands of needy seniors has to be welcome.

Our government is proud of our record with respect to seniors. We have increased the GIS to help Canada's most vulnerable seniors and we increased the GIS earnings exemption. We have provided $2.3 billion annually in additional tax relief to seniors and pensioners. We have abolished the mandatory age of retirement in federally-regulated industries so older people have more choice as to when they retire.

We have increased funding for the new horizons for seniors program to support seniors who want to participate in community projects. We are supporting healthy and active aging through a number of initiatives and we are funding projects to combat elder abuse.

All of these policies and programs will be adapted to meet new needs and circumstances of seniors as they evolve. In the same way, old age security must also adapt to new needs and circumstances. That is why the provisions in today's bill are the right thing to do and why I call on all members to support it.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:35 p.m.
See context

NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, I rise today to speak in opposition of Bill C-38. As the Conservatives' first budget as a majority government, the budget implementation act serves as a road map to the government's priority for these four years. Let me say that the future does not look very green.

The biggest theme I drew from this budget is the government's focus on large industrial projects as the key to Canada's economic success. Behind the guise of such words as “streamlining” and “modernization”, the government is stripping away long-standing protections for our environment from short-sighted, unsustainable development projects such as, for instance, the Enbridge pipeline proposal.

One-third of the budget implementation act is dedicated to gutting environmental laws that protect Canada's fisheries, rivers, oceans and ecosystems. With the stroke of a pen, the government would eliminate decades of progress, condemning future generations to deal with its mess.

I would like to speak on the changes to the Fisheries Act the Conservative government is attempting to sneak through in this Trojan Horse budget implementation act. These changes are an undemocratic and egregious abuse of power that would do permanent harm to the ecosystem and to Canada's fisheries.

Let us make no mistake: these are radical and dangerous changes. Rather than prohibiting the harmful alteration, disruption and destruction of fish habitat, it would narrow habitat protection to apply to those activities that would harm “...fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery”. The Conservative government does not seem to understand the concept of an ecosystem or biodiversity. If the Conservatives did, they would know that they cannot protect only one species of fish and forsake the others.

The Conservatives would like Canadians to think that they care about creating jobs, yet Western Economic Diversification Canada would be cut by $16.3 million by 2015. Our economy in western Canada is still facing economic challenges, and we need Western Economic Diversification Canada to assist in the development of new industry and jobs. Downturns in commodity prices generally lead to volatility in western Canada, particularly in forestry, agriculture and manufacturing. Canada's New Democrats believe we should invest more in research and development, encourage more participation by aboriginal peoples and get people properly trained for jobs for the future.

For months I have heard from constituents who are furious with the government for raising the age of eligibility for old age security from 65 to 67. Canadians understand that our demographics are changing, but these negative changes to OAS are motivated not by statistics but by ideology.

Canada is one of the wealthiest countries in the world, and the old age security program is sustainable in the long term. Seniors who would be hit hardest by these changes are those who have worked all their lives for modest incomes at jobs that often take a toll on their bodies. Instead of raising the age of retirement, Canada's New Democrats continue to put forward practical solutions that would strengthen Canadians' retirement security. We propose working with the provinces to increase CPP, with the goal of eventually doubling benefits. We also propose increasing the guaranteed income supplement. This measure alone would immediately lift every senior in Canada out of poverty.

I have also heard from constituents who believe that the government's move to eliminate all funding for Katimavik is short-sighted. Past participants have written to me to describe the multitude of economic and social benefits that this program brings to communities across Canada. The government's cuts to youth programming come at a time when the youth unemployment rate in Canada remains at over 14%. That is double the national average.

Budget 2012 also outlines millions of dollars in cuts to the Canadian Food Inspection Agency, including the elimination of 100 food inspection positions. Canada's New Democrats are calling for the reversal of these cuts so that Canadian consumers can be assured that their food is safe to eat.

Despite repeated election promises to maintain support for our public broadcaster, the Conservatives are cutting CBC's budget by almost 10%. These deep cuts will result in significant programming cuts and hundreds of jobs lost. More troubling is the government's move to weaken the public pillars of Canadian culture rather than to invest in a more vibrant, innovative and creative future.

In my riding, constituents remain concerned about chronic overcrowding in the ERs of Royal Columbian Hospital and Eagle Ridge Hospital, as well as long surgery wait times and expensive prescription costs. They look to their federal government to provide leadership by enforcing national health care standards and implementing long-awaited reforms. Instead, the government seems more concerned with downloading responsibilities to the provinces and territories, which will inevitably result in increasing disparities in the quality of health care among the provinces and territories.

Small businesses are also looking to the federal government for leadership. While I was pleased to see that budget 2012 extended the hiring credit for small businesses, more needs to be done to ensure small and medium-sized businesses continue to be the job-creating engine of our economy. I have been consulting with small businesses in my riding; they overwhelmingly support an overhaul to regulations governing credit card processing fees. It is time to make the system more fair and more transparent.

I have heard from constituents who continue to be frustrated by the lack of adequate public transportation infrastructure in our communities. While the federal government continues to ignore this vital issue, cities across our country lack a mechanism for sustainable, predictable and long-term funding. Canada's New Democrats propose a national public transit strategy as well as immediately allocating another cent of the existing gas tax to public transit funding for municipalities.

Let us focus on getting more cars off the road and reducing commuter-caused pollution by ensuring municipalities have the tools they need to build public transit systems that are forward-thinking and that contribute to building healthy, sustainable communities.

While our economy is said to be in recovery, many Canadians remain unemployed or underemployed. The majority of Canadians live paycheque to paycheque and work hard to make their monthly budgets balance. Those who are close to retirement are worried about the security of their pensions and are upset at the government for mandating them to spend two additional years of their lives working.

As managers of the public purse, the Conservatives have shrunk national revenues by slashing the corporate tax rate to 15% and subsidizing the heavily polluting and highly profitable oil and gas sector. On the other hand, in the past few weeks Canadians have learned more about the Conservative government's secretive plan to spend some $30 billion on F-35 fighter jets, as opposed to the $10 billion figure quoted by the Conservatives in the last election.

Canada's New Democrats believe the Conservatives' spending priorities are out of line with the priorities of Canadians, which include ensuring the viability of the public services Canadians rely on, such as universal public health care, a strong pension system, affordable advanced education and a healthy environment.

It is time to address the growing inequality we see in our schools, our neighbourhoods and our cities. It is time to stop sacrificing the long-term economic, environmental and social health of our country in order to achieve short-term economic gains.

Budget 2012 makes it clear that the majority Conservative government has no intention of addressing these pressing issues. I will be voting against the implementation of budget 2012, and in doing so, I believe I will be reflecting the majority views of my constituents.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:25 p.m.
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Conservative

Rodney Weston Conservative Saint John, NB

Mr. Speaker, I welcome the opportunity to highlight some of the key measures in Bill C-38, our government's plan to legislate economic action plan 2012, which will, undoubtedly, help to create jobs, growth and long-term prosperity.

Economic action plan 2012 contains numerous measures that would benefit Canadians, and I will highlight a few today. Today I will talk about something that is very imperative for any politician. As I stand here today and speak in the House of Commons, New Brunswick is in the midst of a municipal election. Members are probably wondering why I am raising this today. I have had the opportunity in the last weeks and months to speak to various organizations throughout my riding and, undoubtedly, the municipal election came up.

The comments that I provide with respect to the municipal election are that when people are approached by candidates looking for their support, they should ask what it is the candidates see as priorities for the communities and what they will focus on if they are elected. I believe that it is very important for governments to outline very clearly what it is they will focus on, what they see as priorities and that they listen to the people they represent and understand very clearly what the priorities of the people are.

I have had the benefit, pleasure and honour of serving at all three levels of government in this great country. I have been elected to municipal office, provincial office and now I serve in a federal capacity. I believe that when we ask for support, we should outline very clearly what it is we will focus on if we are elected. Our government has done that. It has been very clear. Members are probably wondering where I am going with this. We are very clear when we talk about the need to ensure federal transfers to the provinces. The provinces are the lifeblood of our country, the very fabric of our federation. We have had governments in the past that have broken that trust, tattered the fabric and have brought great concern to the general public.

I speak from experience when I talk about how important federal transfers are to the provinces. I speak from experience in the province of New Brunswick where its federal transfers will be in excess of $2.5 billion through this budget and economic action plan 2012. Why do I highlight this? It is because it is important that Canadians, New Brunswickers and the people of my riding of Saint John, New Brunswick know and understand that our government feels that this is a priority. Our government is committed to this priority because Canadians have told us that it is a priority. We will maintain that trust and certainly continue to grow the transfers. We have done that every year that we have been in office and in every budget that we have brought forward. This is not by chance or happenstance.

Many members in the chamber have had the same experiences I have. The Minister of Finance was a provincial politician before he came to this great House. The member for West Nova was the minister of finance for the Province of Nova Scotia and he understands. Many members in our caucus understand how important these transfers are to maintaining the services that our constituents in our provinces depend upon. It is very important that we maintain these transfers so that the Province of New Brunswick, in my case, is able to provide the health care and education programs that the people of New Brunswick desire, require, depend upon and have come to rely on our government and the provincial government for.

I did not come to this realization by just walking into this chamber. It comes from the experiences that I have had in my past life, whether in municipal or provincial politics. I served in a government that was very clear and focused provincially. I served with a premier who laid out priorities and strategies to the electorate and stayed very true to them. In my lifetime, he was the only premier in New Brunswick's history to deliver seven consecutive surpluses and the only premier in that province to ever pay down debt. Just so there is no misunderstanding, I am 48 years old. That is a long time. That is a huge commitment. However, that shows that when a government is prepared to focus on the priorities, it can achieve what it set out to do.

We have had governments in the past. We have had Liberal governments provincially and federally that did not maintain that commitment, did not stay true to their priorities and were not focused. They did not have the same level of respect for the provinces that make this federation great. They tried to balance the books on the backs of the provinces. The results were that we had less health care services in the province of New Brunswick and less money for educational and social programs. Was the federal government of the day concerned about that? No. It was not concerned because it did not see the provinces as a true partner. It did not see the value in the relationship that the provinces and the federal government needed to maintain. We in New Brunswick suffered, Atlantic Canadians suffered and this great nation suffered.

That Liberal government made a choice and today it is paying the price. Canadians did not give the Liberals the trust that they thought they deserved. Canadians put them out of office and put our government into office because we demonstrated that we understood the priorities of Canadians. We understand that Canadians value the relationship between the provinces and the federal government. We respect that and we will maintain it.

The Minister of Finance and the Prime Minister have been very clear in saying that we will not balance the books on the backs of the provinces. We see the provinces and the federal government in a true partnership. They have demonstrated that commitment over and over again.

Just recently the Minister of Finance announced that we will see health transfers continue to grow by 6% for the next five years and 3% at a minimum beyond that based on economic growth. That is an increase in health care transfers. That is quite the contrast to the days when the Liberal Party ruled this House. It did not understand how important it was for Canadians to see that partnership and its value.

I know my time is running short so I will talk about how important it is that we maintain this relationship. However, I also want to ensure that people know that this budget demonstrates very clearly that we value that relationship, that we understand the priorities of Canadians, that we are focused on those priorities and that we will deliver when it comes to jobs, growth and true prosperity. We will deliver for Canadians.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:10 p.m.
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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, it is inconceivable that the Conservatives could present a bill that is 421 pages long and then limit debate to the bare minimum. It is clear they want to pass this bill quickly, but does that not suggest that perhaps they are afraid of the public's reaction to the bill if we were to take the time to properly examine it?

I have examined this bill thoroughly and I can assure you that I have never seen such a hodgepodge in the House of Commons. In true Conservative style, this document is not at all what it claims to be: rather than a budget implementation bill, it is a bit of a free pass for businesses and politicians who have no use for transparency.

Bill C-38 is much more than just an omnibus bill, like those we have become accustomed to with these Conservatives. This bill constitutes a brutal and unreasonable seizure of power that leaves Canadians unable to challenge any of it. We are therefore very surprised as we watch this government getting rid of anything that could limit the damage caused by its blind ideology. After taking a laissez-faire approach for so long, now they want to dismantle everything.

This bill ridicules the institutions of the very government that introduced it. Is that not ironic?

We have already seen the Conservative government's bias in favour of employers in certain disputes, for instance, those involving Air Canada and Canada Post. However, this government does not seem to care at all about well-paid, stable jobs for Canadians, because this new bill will cause even more poverty.

This government is allergic to basic rights and has restricted the right of free association by giving a minister—a minister, mind you—the power to veto collective agreements.

In other words, this government thinks it is okay to scuttle a good-faith negotiation between two parties to further a partisan and ideological political agenda. That applies to all workers. In addition, a significant number of federal government workers will also be affected: women.

I have fought for women's rights for 40 years. There are no words strong enough to describe how angry I was when I realized that the government no longer intended to make its contracts compliant with the Employment Equity Act. The Conservatives seem to believe that father knows best and a woman's place is in the home. All the historic progress we have made toward achieving equality is being recast as purely cosmetic.

Women have the right to be treated fairly, and trying to make women pay the price for the government's penny-pinching is downright disgraceful. How can the government justify such an irresponsible decision?

By so doing, the Conservatives are saying that feminist struggles, which were particularly successful in Quebec, were simply a glitch in history's patriarchal plan. Well, that is not how I see this country and I am certain that many of my fellow Canadians agree with me.

While the Conservatives are throwing the door wide open to privatization, I am saying that we are soon going to take over this government and give the control and the benefits back to Canadians. This government, which seems to work harder for shareholders, has gone too far this time. Canadians are not fools and they can see that the Conservatives are trying to deceive them.

And what is all this for? Over a third of this giant bill is dedicated to doing away with environmental protection measures in a clear path that goes from the plains to the Pacific Ocean, where the Conservatives hope to get a share of Asia's wealth. What a plan.

Promoting the economy is not a bad thing in and of itself. However, Canada used the approach of putting all its eggs in one basket for too long for us to want to go back to it.

Focusing all our energy on oil can only lead to a historic dead end of monumental proportions. It is a well-known fact that the wealth of economies that depend on a single resource is short lived and poorly distributed.

In any case, sustainable development is not of interest to this government, which is also doomed to be unsustainable. The champions of “bigger and better” will end up realizing that irreversible climate change has already begun to transform things.

Although some believe that they are in the Texas of the 1950s, I would like us to be rooted in 21st century Canada.

In terms of the environment, it is not surprising to learn that the Conservatives intend to broaden the definition of prohibited political activities for environmental groups, but only so they can place more restrictions on these groups.

While this government cozies up to oil companies and eliminates all the so-called legislative constraints with respect to the environment, it is also limiting the fundamental right of freedom of expression for hundreds of Canadian groups.

Do Canadians who have been given the right to assemble under the Canadian Charter of Rights and Freedoms and who choose to express their opinions, again by virtue of this Charter, not have the right to enjoy the full benefits of their citizenship?

On another matter, Bill C-38 confirms what we already knew: Rights & Democracy will be abolished. It was obviously an embarrassment to this government to support an organization that was neutral, independent and dedicated to the cause of democracy. Totalitarian governments, oil dynasties and, worse, communist dictatorships do not favour the independence of institutions. Have the Conservatives become communists?

For the Conservatives, it is all about the open market, except for matters under state control, which they manage with an iron fist. The Conservatives seem quite motivated to give more and more arbitrary powers to their ministers. That is the case for the Minister of Health, who will now be able to approve certain products without having them go through the usual inspection process, which is supposed to take place with any imported product.

Based on the government's priorities, Canadians' health has taken a back seat to profitability. But who will benefit from this profitability? When we consider that so much freedom is being given to business and so little to the people, we are justified in wondering who this government is working for. The answer is obvious.

More proof that this government does not care about well-paid jobs is that it thought it would be a good idea to enshrine in this bill the possibility of allowing 2,500 foreign workers to fill highly specialized positions in Canada and then leave again. Now the government wants to contract out Canadian citizenship.

Neo-liberalism loves outsourcing because it sets workers in a race to the lowest wages. This government has taken that to a new level. If it cannot outsource our resources, then it will import workers. Importing workers means the commodification of human beings by virtue of an ideology that would eliminate all trade barriers, but add many barriers to life for the general public.

With the Conservatives, it is law and order for the people and anarchy for big business. It was not enough for the Conservative government to considerably reduce the powers of the Auditor General and to completely get rid of the inspector general of CSIS, who was getting in the way of its agenda; now the government is opening the door to privatizing the Canadian Food Inspection Agency.

In other words, by playing with alliances and subsidiaries, a business could wind up doing its own inspections. Is that the kind of rigour that Canadians deserve? In addition to the Conservatives' devious behaviour and their refusal to submit their bill to thorough examination, we also see a threat to freedom of association, freedom of expression, freedom of assembly, transparency and oversight.

While perhaps not an outright coup d'état, this bill places Canada on a dangerous path towards dictatorship. This bill's shortsighted short-term vision is eclipsed only by the long-term, harmful effects it will have. We all want a prosperous economy, but that should not be a government's only goal, since a government has many roles to play. There are many important responsibilities that only a responsible government can assume with authority. Otherwise, it would be too easy.

With this bill, the Conservative government is undermining its own legitimacy and giving up on what it sees as inevitable. It is high time that this government started showing some leadership and did us the honour of behaving like a real government for this orphan country. Instead, it seems to be doing everything in its power to destroy our institutions, sully our international reputation and shoot down everything that reflects basic common sense.

The Conservatives do not think like us. They spend. They spend money on prisons, on F-35s and on $16 glasses of orange juice, yet they slash away at the very essence of our democratic way of life. It makes no sense. This government already looks old, used up, wasteful and tired. It seems incapable of assuming the most basic responsibilities towards the public. The government must always remember this: Canadians are not fools. No, we are not fools.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:05 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, with all due respect to my Conservative colleague, I would like to point out a glaring contradiction in his speech. He just said that the budget seeks to reduce conflicts between environmental assessments, but Bill C-38 does exactly the opposite by allowing cabinet to overrule the National Energy Board's assessments. The NEB approves or rejects projects, but cabinet could overrule those decisions. What is more, Bill C-38 limits the review timelines for the NEB and the Canadian Nuclear Safety Commission. That is serious. Canadians need more safety, not less.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:50 a.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, Bill C-38 amends the Employment Equity Act so that it no longer applies to federal contracts. Women's groups have been fighting for pay equity for several decades.

Would the member, who has a federal contract, agree to be paid less for her work rather than having equal pay for equal work?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:35 a.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, there is a quaint expression where I come from and it is “fair wages benefit the whole community”. It is based on the notion that a well-paid, consuming, middle class is good for the economy.

Why then, deep within the bowels of Bill C-38 do we find this little jewel that repeals the Fair Wages and Hours of Labour Act for the construction industry? It used to be the prevailing wage was somewhere close to union scale for federally regulated construction projects, like pipelines for instance. Now, a construction contractor can offer any salary and any hours of work with no overtime. If no Canadians apply within 10 days, that contractor gets temporary foreign workers in there who will work for peanuts and sleep six to a hotel room and undermine the entire prevailing wage set by the industry.

Some people have worked 100 years toward setting fair wages for the construction industry and that was manifested in the Fair Wages and Hours of Labour Act. This piece of legislation would repeal that and enable pipeline contractors to build the next pipeline with temporary foreign workers.

Does my colleague realize that 30% of all the jobs created since 2007 in this country have been filled by temporary foreign workers? These are not landed immigrants. They are now being paid any wage they want.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:25 a.m.
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Liberal

Judy Foote Liberal Random—Burin—St. George's, NL

Madam Speaker, I rise today to speak to Bill C-38, the first implementation bill of budget 2012, an omnibus bill that should never have been.

If we want to talk about the budget that is one thing, but when everything is thrown into this bill, it makes it impossible for Canadians to have a real handle on exactly what it is that is in this budget, which causes a problem not only for me as a member of Parliament representing the people of Random—Burin—St. George's, but, I would expect, for all MPs who take great exception to what the government has done here.

Canadians from coast to coast to coast anxiously awaited this budget as they continued to struggle to make ends meet. I know that from first-hand experience as there are difficult times in my own riding of Random—Burin—St. George's, particularly when we are talking about seasonable industries, which is another issue that we need to deal with.

With sporadic job growth in the last six months and thousands of full-time jobs being replaced with part-time jobs, Canadians expected the budget to focus on jobs. Unfortunately, the government let Canadians down once again. Rather than focusing on much-needed job creation, the government has chosen to focus on dividing Canadians.

Since 2006, the government has sought to divide Canadians. It is obvious that budget 2012 is no different. Given the damage that will be done by this budget, it is impossible for anyone concerned about the future of our country to support its implementation.

As the government irresponsibly pits generation against generation, and we see that with the OAS changes, region against region, economy against environment, and when we consider that over 120 pages of the budget deal with the environment, it is reckless. In its reckless quest to divide and conquer, the government has done all of these things.

Canadians stand united in opposition to the government's dangerous politics and policies. The Liberals have never shied away from ensuring that government is run efficiently.

As members debate the implementation of this austerity budget, it is important to remember how Canada's economy reached this stage. The last Liberal government left the Conservatives with a $13 billion surplus and the Conservatives promptly spent the Liberal surplus into a Conservative deficit well before the recession. In fact, the Conservatives have the distinction of being the highest spending, largest deficit creating government in Canadian history, and now they are trying to have Canadians take responsibility for that. The Conservatives are taking it out on the backs of Canadians.

Had the Conservatives not spent so much irresponsibly before the recession, Canada's deficit would be nowhere as high as it is today.

Bill C-38 is the first in a series that will attempt to implement the Conservative's slash-and-burn agenda and cause havoc in Atlantic Canada in particular as federal jobs and services are cut.

The Conservative government began its slash-and-burn agenda in the 2010 strategic review that saw $32 million in cuts over three years to the Atlantic Canada Opportunities Agency, with an additional $17.9 million in new permanent cuts. These new cuts in budget 2012 represent nearly 20% of ACOA's entire operating budget. Newfoundlanders and Labradorians rely on ACOA to create opportunities for economic growth in their region, just as the rest of Atlantic Canada does.

Now is hardly a time to cut programs that stimulate the economy, help create jobs and increase federal tax revenue in the process.

Adding to the $6.6 million in cuts over three years to Marine Atlantic, which occurred in the last budget, budget 2012 cuts an additional $10.9 million in new permanent cuts. These cuts are especially difficult for my constituents when we consider that the Marine Atlantic ferry service is our connection to the rest of the country.

These cuts also include the closing of vitally important washing stations in Channel-Port aux Basques and Argentia. Some vehicles need to be washed off because they have picked up contaminated soil that is prevalent in Newfoundland and Labrador that carries the potato wart and the potato cyst nematode infected soil. Washing the vehicles ensures that the contaminated soil is not exported to other Canadian provinces where it could do irreparable harm, particularly in P.E.I. and New Brunswick, to the multi-billion dollar potato industry in this country.

History shows even a minor infestation in a potato-producing area can have serious consequences. In 2000, when a small area, a mere 24 hectares, of Prince Edward Island soil was found to have been contaminated by the potato wart fungus, the United States moved immediately to close its borders to P.E.I. potatoes for months. This resulted in a $22 billion loss to P.E.I. potato farmers.

For a province such as Prince Edward Island where the potato industry is a major contributor to its economy, the loss of this industry would be as devastating as the cod moratorium is to Newfoundlanders and Labradorians. I can only explain how devastating that was when today that cod moratorium is still in existence. The cod has not returned and I can only imagine how it would be in P.E.I. if the contaminated soil were to impact the potato industry there to the extent that the cod moratorium has impacted Newfoundland and Labrador.

Of particular concern to my constituents in Random—Burin—St. George's and to the many coastal communities in Canada is the dangerous approach the government has taken to the fishery.

Last year's budget cut the Department of Fisheries and Oceans by $84.8 million over three years, while this budget goes further, permanently cutting an additional $79.3 million from the DFO budget. Worse, the government is rolling the dice when it comes to fish management strategy by cutting the financial capacity for evidence-based fish monitoring and protection of fish habitats and removing the protection of many freshwater fish species.

Even the Conservatives are upset with this attack on the fishery. Former Conservative fisheries minister, Tom Siddon, said, “This is a covert attempt to gut the Fisheries Act, and it’s appalling that they should be attempting to do this under the radar”.

In addition to the Conservatives' cuts to the fishery, they are considering sweeping changes to the fleet separation and owner operated policies, which would directly affect 30,000 jobs and destroy small rural fishing communities. If DFO were to cancel the fleet separation policy, allowing large processors to engage in the inshore fishery, the traditional harvester would eventually be squeezed out of the industry. Clearly, the Conservatives have no interest in seeing the fishery survive.

As I mentioned earlier, I also have concerns with the proposed changes to employment insurance in Bill C-38. While not all changes are negative, we know already from budget 2012 that instead of working to help create more jobs, the government is increasing a direct tax on employment by hiking the employment insurance premiums by $600 million. EI recipients must apply for suitable employee vacancies to qualify for benefits. Bill C-38 would delete the provisions that deem employment opportunities to be unsuitable whether or not the opportunity is in the claimant's usual occupation and offers a lower rate of pay or working conditions that are less favourable than the claimant has a right to expect, only something that we would all expect.

This bill also would unduly grant the minister the power to make changes to the EI Act without legislation and parliamentary approval by giving the minister the power to change the definition of “suitable employment”. What is suitable employment? There was no consultation whatsoever with either employers or employees with respect to these proposed changes to the EI. The Conservatives have yet to announce details of what they will consider suitable employment and yet they expect Parliament to grant them unrestricted power to do so. People are nervous and naturally scared not knowing what to expect.

One has to wonder if the government's end game is to force Atlantic Canadians to relocate permanently to Alberta for work or to accept jobs outside of their skill area. There is no discussion about appropriate training for people and, of course, when they get to the age of 55 or 60, particularly if they have been working in a fish plant all of their life and, in a lot of cases, in the seasonal industry in the fish plant, what are they going to retrain for? What other skill will they retrain for at that age in their life? It is a time when they would like to retire and they would like to retire at 65, as has always been the case. However, the government has seen fit to move that age of eligibility from 65 to 67, making it even more difficult on people who work in demanding environments.

In contrast to the government's attempt to implement its austerity budget is the government's shockingly expensive advertising campaign to try to convince Canadians that the government is not failing Canada, not as badly as it seems anyway.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:25 a.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, the fact is that eastern Canada has reduced its greenhouse gas emissions, while western Canada has increased emissions. Despite the provinces' ongoing efforts, the situation is still not under control.

Why is at least one-third of Bill C-38 about environmental deregulation?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:20 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, there are many topics that my hon. friend from North Vancouver touched upon in his speech, which I would love to probe further, but I want to focus on the tanker statements that he made.

This is a debate on Bill C-38 and nothing in Bill C-38 speaks to tankers, regulations for tankers or funding for tanker safety, so I will set that aside. That comes from other documents. There may be regulations in the future, but there is nothing in Bill C-38 on tanker safety.

I also would dispute the claim that the B.C. coast has had lots of oil tankers. There has been a moratorium against supertanker traffic on the B.C. coast, particularly the northern coastline, with the exception of Vancouver because it was grandfathered. Vancouver harbour was left out of the 1972 moratorium, which was respected by every level of federal and provincial governments since 1972. That is why there have not been tanker accidents.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:20 a.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, this is very alarming. I cannot believe that the members opposite are talking about the budget as though it is something good for the environment. Just this past Tuesday, the commissioner submitted his report, which painted a very grim picture.

Bill C-38 will dismantle several tools related to the environment, including the Canadian Environmental Assessment Act and the National Round Table on the Environment and the Economy, which produces independent scientific studies on the environment. There are still 13,000 contaminated sites awaiting assessment and cleanup, and major oil development projects are on the way.

How can we trust a government that says one thing but does the complete opposite?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:10 a.m.
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North Vancouver B.C.

Conservative

Andrew Saxton ConservativeParliamentary Secretary to the President of the Treasury Board and for Western Economic Diversification

Madam Speaker, I appreciate this opportunity to stand in support of Bill C-38, the jobs, growth and long-term prosperity act, the key legislation to implement the economic action plan 2012.

Our Conservative government, as demonstrated through today's act, is focused on what matters to Canadians, which is keeping the economy on the right track. In that regard, the nearly 700,000 net new jobs Canada has created since July 2009, 90% of those being full-time jobs, is a positive sign we are on the right track for Canadian families.

Indeed, a recent Wall Street Journal editorial praised Canada's economic leadership focus on private economic growth and its sound policies as a model for others to follow. As CIBC World Markets chief economist Avery Shenfeld recently declared:

Canada’s federal government remains the very picture of health, standing head and shoulders above many developed countries in terms of fiscal sustainability.

Nevertheless, we recognize global economic turbulences remain today and too many Canadians are still looking for work. That is why the economic action plan 2012, legislated through Bill C-38, takes responsible, positive action to support the economy now and over the long term, while keeping taxes low and returning to balanced budgets.

This plan has been largely welcomed by Canadians from coast to coast to coast, save the ideological NDP opposition.

For instance, the Vancouver Board of Trade, representing thousands of businesses in the Lower Mainland, assigned an overall grade of A to the economic action plan 2012, noting:

The federal government's reasonable and prudent 'game plan' continues to be the right one for British Columbia and Vancouver, and it remains the right strategy for Canada within a challenging global economic environment

For the remainder of my time today, I want to focus on the aspects of the jobs, growth and long-term prosperity act that deal with responsible resource development and how we have found the right balance between economic and environmental priorities.

Let me be clear. Our Conservative government is committed to being proactive in our stewardship of our national treasures, preserving them so we can pass them down to future generations. However, unlike the ideological NDP, we recognize that a healthy environment and a strong economy go hand in hand. Major economic projects create jobs and spur development across Canada.

In 2011 alone, the natural resource sector employed over 790,000 Canadians in communities throughout the country. It is predicted that in the next 10 years more than 500 major economic projects, representing $500 billion in new investments, are planned across Canada.

Increasing global demand for resources, particularly from emerging economies, will create new economic and job opportunities from which all Canadians will benefit. Canadians will only reap the benefits that come from our natural resources once investments are made by the private sector to bring the resources to market. Currently conditions are hardly ideal for any business that wants to do so.

Canadian businesses in the resource sector that wish to undertake major economic projects must navigate a complex maze of regulatory requirements and processes. Approval processes can be long and unpredictable. Delays and red tape often plague projects despite few environmental risks. In the federal government alone, accountability for assessments rests with dozens of departments and agencies, each with its own mandate, processes, information needs and timelines. This leads to duplication and the needless waste of time and resources.

The starting point of federal environment assessments can also be unpredictable, which can cause lengthy delays. This leads to delays in investment and job creation, and some plans are even abandoned because of them. Frankly, that is unacceptable.

As stated in a recent Vancouver Sun editorial:

Currently, worthwhile projects are needlessly bogged down in repetitive environmental and regulatory assessments that increase costs to industry without adding value for Canadian taxpayers.

That is why we have worked hard, since 2006, to streamline and improve regulatory processes. However, more work still needs to be done. A modern regulatory system should support progress on economically viable and significant projects and sustain Canada's reputation as an attractive place to invest, all the while contributing to better environmental outcomes.

That is why we are focusing on four major areas to streamline the review process for major economic projects in economic action plan 2012, specifically making the review process for major projects more predictable and timely, reducing duplication and regulatory burdens, strengthening environmental protection and enhancing consultations with aboriginal peoples. This modernized federal regulatory system will establish clear timelines, reduce duplication, regulatory burdens and focus resources more effectively to protect the environment.

We will achieve the goal of one project, one review, in clearly defined time periods, something long overdue, especially for my home province of British Columbia. In the words of British Columbia's finance minister Kevin Falcon:

The moving to a one-permit, one-process approach on environmental assessments is extraordinarily important for British Columbia...We have many major, major projects on the table today that are in the billions of dollars that could have important ramifications for jobs and employment. I’m really encouraged by that...

He went on to say that what they always said about the environment was that they should not measure the environmental process based on how long the process took, that it should be measured based on outcome and that was what they believed in.

Rest assured our Conservative government also understands that long-term economic prosperity and a high quality of life requires a healthy and sustainable environment. That is why protecting Canada's environment and the health of Canadians is a key priority of this government.

For instance, the safe navigation of oil tankers is very important to our government. Oil tankers have been moving safely and regularly along Canada's west coast since the 1930s. For example, 82 oil tankers arrived at Port Metro Vancouver in 2011. Nearly 200 tankers visited the ports of Prince Rupert and Kitimat over the past five years. They all did this safely.

Canada's regulatory system had a lot to do with that. Oil tankers in Canada must comply with the safety and environmental protection requirements of international conventions, and while in Canadian waters, with Canada's marine safety regulatory regime.

These requirements include double hulling of ships, mandatory pilotage, regular inspections and aerial surveillance. In fact, in 2011 almost 1,100 inspections were carried out across Canada, 147 of them on oil tankers.

We have a strong system, but any responsible government must continually work to make it stronger. That is why economic action plan 2012 includes further measures to support responsible energy development, including: new regulations which will enhance existing tanker inspection regime by strengthening vessel inspection requirements; a review of handling processes for oil products by an independent international panel of tanker experts; improved navigational products, such as updated charts for shipping routes; research to improve our scientific knowledge and understanding of risks; and to manage the impacts on marine resources habitat and users in the even of a marine pollution incident, and much more.

As I indicated in my introduction, we must be vigilant in guarding our spectacular natural treasures, but unlike the NDP, we realize that Canada's economic prosperity cannot be sustained without a healthy environment, just as environmental progress cannot be achieved without a healthy economy.

That is why I urge all hon. members to join with me in supporting Bill C-38, the jobs, growth and long-term prosperity act, and supporting a stronger Canadian economy.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 10:40 a.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, I am happy to add my voice to the debate on the omnibus budget implementation act, Bill C-38. The budget is being described as a Trojan Horse, and for good reason. It is yet another omnibus bill from a government that favours broad, sweeping legislation that defies appropriate scrutiny and oversight. It is another attempt to baffle Canadians with a huge bill that does too much.

To top it off, we have time allocation on it, which is no longer a surprise from a government that seems to consider closure as a normal feature of the parliamentary cycle. That is why we say it is a Trojan Horse, and it is on a fast track to boot.

However, as the official opposition we have given the government the opportunity to appear to be a little more democratic and have proposed a solution to make Bill C-38 better match the way that Parliament is supposed to work. In fact, New Democrats are really just calling for respect for Parliament and long-standing tradition when we say that the budget should be split into five separate, manageable pieces of legislation.

It is the right thing to do. At the very least, it would allow for proper scrutiny by this House and from the appropriate committees. Sadly, we know that the government feels the need to rush this bill past Canadian eyes and will not consent to the reasonable oversight that is the job of Parliament and parliamentarians. In that respect, we are not being allowed to do our job, and that is a shame.

Before I go any further, there is something I would like to address right away, and that is how the Conservatives apply their own logic to NDP decisions. I am sure there will come a day when the Conservatives will point out the few useful measures in this budget and criticize the NDP for not supporting them.

However, I would like to point out that we absolutely cannot support the budget because this is really an omnibus bill—and it is therefore impossible to study it thoroughly—and because blind environmental deregulation is the dominant theme.

I hope the Conservatives will remember this before they engage in their revisionist history, but I might as well believe in the goose that lays the golden eggs; there are so many other things that I would rather see and hope for. The NDP understands that this budget does not at all reflect Canadians' priorities.

New Democrats are listening, and we know that Canadians do not want their environment gutted in the name of economic expediency. Canadian families do not want regulations tossed aside because they are not convenient for big oil and foreign investors who only want to export Canada's resources with a minimum benefit to Canadians, but that is what the budget does.

Canadians do not believe there should be a time limit on processes designed to protect our environment. That speaks to a mindset that does not appreciate nature's delicate balance. I am reminded of the phrase “fools rush in”; those words are not the lyrics of a song, but an age-old maxim that speaks to the wisdom that time and perspective allow for. When we are dealing with things as sensitive as the great salmon and steelhead rivers that are part of the constituency represented by my friend the member for Skeena—Bulkley Valley, there can be no such thing as taking too much time to make the right decision, and I am sure that the majority of Canadians feel the same as we do in the official opposition feel.

New Democrats know that Canadians do not want to gamble with our children's future, but that is what a full one-third of this budget does.

New Democrats get it. They get it that Canadians do not want power concentrated more and more at the cabinet level, but that is what this budget would do by allowing the cabinet to overturn National Energy Board rulings that it does not like. These are not the priorities of Canadian families, who want their environment to be protected; they are the priorities of investment bankers, who want to win at any cost, and that is not the Canadian way.

We are being asked to gut environmental regulations and legislation that other Parliaments have carefully considered. We are being asked to undo years and decades of work in just one week of debate. How is that reasonable? It is not, and Canadians will not be fooled.

Over these past few weeks we have watched the Minister of Natural Resources rushing about, claiming that the sky will fall if Parliament does not fast-track the budget and that somehow our energy reserves—the ones that the government cannot get out of Canada quickly enough—will be cast aside as undesirable by big oil and international investors if we do not move fast.

However, that is not the case at all. The only thing that will happen if we do not swiftly gut our environmental regulations and rig the deck for big oil is that Canadians will pay attention to what the government is up to and rain down a chorus of disapproval.

It shows us how the government is worried that downloading federal environmental responsibilities and dumping those costs onto the provinces, territories and future generations will come under the watchful eye of most Canadians who actually care about the environment, and that what is left of their support will disappear.

The government is worried that anglers will figure out what is happening to the Fisheries Act and that cottagers and campers will start to wonder if their lake is next. I know this much: Canadians did not want protection of fish habitat removed from the Fisheries Act and replaced with market-based language. Canadians get it. They understand that fish live in ecosystems that are complex webs of food items and interdependencies.

This is knowledge shared by elementary school students who study basic science, but it is ignored by a government keen to remove all barriers to development so that it can please its friends who want to fast-track a pipeline through some of the most pristine parts of British Columbia.

It is a bit much to see the changes to the Fisheries Act. They came just days after I received an update from the Bright Lake Association celebrating the fact that the water in the lake was so pure that it could sustain a population of northern redhorse suckers, a fish that can be considered an indicator species for excellent waterway health, much like the proverbial canary in the coal mine. Those suckers will not receive any protection under the amended Fisheries Act; the preoccupation of the act is now commercial and sport fisheries, not habitat and systems.

If we ask someone who fly-fishes about how fish habitat works, that person will tell us about bugs that grow under rocks and mate in trees. They will tell us about prey fish, like sculpin and stickleback, that will lose protection if the Fisheries Act is changed to discard the protection of fish habitat. The government claims it is only helping farmers who have been hamstrung by the Fisheries Act, but the government is not acknowledging that there are other ways to fix those problems. It claims it is stopping the Fisheries Act from protecting unnatural habitats; we know that the government knows all about unnatural waterways and fake lakes.

We also know that the government has spent more hard-earned tax money for self-promotion in the past few years than it has for protecting the Great Lakes. I and my colleague from Thunder Bay—Rainy River and many communities across northern Ontario know that the government has actually cut funding for the Lake Superior Binational Forum, and we are extremely concerned.

It had no end of cash to tell us what a great job it was doing to build that infamous fake lake. I say Great Lakes over fake lakes every time, and the government should get back to protecting fish habitat in Canada or the anglers of this country will be casting for something in the next election that the Conservatives will not like at all.

What is obvious is that the budget marks a crossroads in Canada. It attempts to put an end to publicly scrutinized development of resources and puts blind faith in private sector self-regulations and regulators. It marks the end of a national vision and the ascent of a mindset that sees Canada as a corporation.

We now have two very distinct political parties in Canada. One believes in science-based, carefully considered regulatory practices and reporting. It is a party that sees the benefit of careful consideration and long-term planning for our natural resources. It cherishes the treasure we have inherited and must carefully steward and ultimately deliver to future generations.

The other party wants to rig the deck for its corporate friends. It guts our environmental legislative and regulatory framework. It wraps itself in small, divisive issues, but it sets to work on great sweeping changes that cut to the heart of the Canada most of us cherish.

The Conservatives see only opportunity and blind themselves to negative outcomes while they deafen themselves to dissenting opinion. They have little regard for things like endangered species, and are well on the way to becoming as--

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 10:35 a.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, very deep down in the bowels of Bill C-38 is a clause that hardly anybody even noticed. It abolishes, it repeals the Fair Wages and Hours of Labour Act for federally regulated construction projects.

Why would anyone want to abolish something called the “fair wages and hours of work” act? I will tell the House why, and I would like my colleague's comments.

It is a striking coincidence that now, in federally regulated projects like pipelines, a contractor can now post a job as follows: “Wanted: carpenters, $10 an hour”. Nobody is going to apply. Now, by this legislation, it will be perfectly okay to do so, and working for 70 hours a week with no overtime will be perfectly okay. No Canadian is going to apply, but guess what? The government has opened the door for temporary foreign workers, with a 10-day waiting period. No fair contractor in this country will ever win another job, because the government has eliminated the Fair Wages and Hours of Labour Act by virtue of this legislation.

Does the hon. member think it is fair for a budget bill to eradicate and destabilize the entire construction industry by eliminating the fair wages act?

The House resumed from May 8 consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:10 a.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, in this same spirit of compromise and in the interest of having a reasonable and reasoned debate on a very broad bill, and also in an effort to honour democracy, I am seeking the unanimous consent of the House to move the following motion: That notwithstanding any Standing Order or usual practice of the House, clauses 68 to 131 be removed from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Natural Resources; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion because Canadians and Quebeckers want a debate on the many far-reaching changes that are included in the bill.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:10 a.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, in the spirit of having a full debate on some important and complex legislation, and in an effort to reach out to our colleagues on the other side of the House, I would like to seek unanimous consent to move the following motion: that notwithstanding any Standing Order or usual practice of the House, clauses 412 to 419, 473 to 475, 506 to 515, be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-38(A); that Bill C-38(A) be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Agriculture and Agri-Food; that Bill C-38 be reprinted as amended; and, that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion because we believe Canadians deserve a full democratic debate on some very complicated and far-reaching changes that are included in the bill.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:05 a.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, in the spirit of a proper analysis of this bill, I would seek unanimous consent of the House to move the following motion: That, notwithstanding any Standing Order or usual practice of the House, clauses 218 to 222, 420 to 426, 468 to 472, 476 to 478, 516 to 524, and 711 to 712 be removed from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Government Operations and Estimates; that Bill C-38 be reprinted as amended; and that the law clerk and parliamentary counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion to ensure that this important and far-reaching bill be studied properly by various committees, given the number of laws it would amend.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:05 a.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, in the spirit of reaching out to the other side and to have a full debate of a complicated omnibus bill, I would seek unanimous consent for the following: that notwithstanding any Standing Order or usual practice of the House, that clauses 223 to 303, 350 to 367, 432 to 467, 603 to 619 and 685 to 698 be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38(A); that Bill C-38(A) be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to have a full debate and be able to bring in expert witnesses on some very key changes that the government is proposing.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:05 a.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, we have tried to compromise with the government in order to be able to examine this bill in a reasoned manner, given that it is massive, includes many provisions and amends many laws.

That is why I am asking for unanimous consent to move the following motion: That notwithstanding any Standing Order or usual practice of the House, clauses 132 to 156 and 411 be removed from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Fisheries and Oceans; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to have the full debate that this bill requires because of its broad scope and the number of laws it amends.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:05 a.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, we have tried to reach out to the government to encourage a fuller debate on its budget implementation act, which is a very complicated and detailed bill that we believe needs more thorough examination.

Therefore, I would like to seek unanimous consent to move the following motion: that notwithstanding any Standing Order or usual practice of the House, clauses 52 to 67, 163 to 169, 315 to 325, 578 to 594, and 699 be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Environment and Sustainable Development; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to give a full examination as parliamentarians to a very important and far-ranging bill.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 5:20 p.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Madam Speaker, I am very happy to have this opportunity to talk about Bill C-38.

I have the floor for 10 minutes, which means that I can talk about all 431 pages of the bill if I spend 1.5 seconds on each page. But that would be too fastidious, and it is not my job to do that right now. It is up to the appropriate committees to dissect Bill C-38. I doubt they will finish the job before the Rio Olympic Games, but that is the government's fault for having the nerve to hand us this giant mess of a bill. Even the Conservatives do not want to debate the bill because I am sure they can imagine the interminable debates we would be happy to subject them to.

Forgive me for being sarcastic, but consider it a defence mechanism. What I am saying is the truth. When Bill C-38 was delivered to the parliamentary office of the riding of Louis-Saint-Laurent, I was reminded of certain books I have read. Indeed, Bill C-38 contains a narrative as long and convoluted as Tolstoy's War and Peace. By page 20, there are so many characters involved in the story that one has to take notes.

I will give you an example. On page 19, it talks about highway fuel consumption ratings. On page 20, we get to tax exemptions for foreign missions and international organizations. On page 21, we are introduced to a pharmacist I will call “Anastasia Prokopov”. On page 22, heart-monitoring devices make their appearance, along with a disturbing character, probably an envoy from the Czar, a priest named “Isosorbide-5-mononitrate”. It goes on like that for over 430 pages, in French and English. But it is about as accessible as a document written in Ottoman Turkish. And I have only 10 minutes to speak to you about this imperial decree.

The appropriate committees will never have a chance to get anywhere near Bill C-38. This edict amends 69 statutes relating to a myriad of subjects. I am not saying that some of these amendments are not useful and even pressing, but I think that more than 750 surprise amendments with unforeseeable consequences at least deserve to be reviewed by the experts, to be discussed in committee, to be subjected to some minimum scrutiny other than through the prism of Conservative ideology.

Imposing a gag order on a bill that is full of so many things, or perhaps I should say so full of nothing, is worthy of Vladimir Putin himself.

Speaking of Putin, I am going to tackle a few clauses in Bill C-38 that are intended to make changes that I consider to be unwarranted and hard to justify. I would like to point out that when the Conservative Party was campaigning it never mentioned 90% of what we have in this mess of a bill. The Conservatives say that the people who voted for them understand instinctively that these measures are unavoidably necessary, so there is no need to discuss them. The right wing makes haste, and if it makes haste straight into a wall, no problem. The Minister of Finance calls this an act to implement certain provisions of the budget; personally, I call it an abuse of trust, an abuse of process and an ethical abomination.

So let us talk about trust. If the government were so sure that these amendments are the right thing to do, it would not feel the need to hide them in a document this abstruse and obtuse. If you want to improve the nation and you are convinced you are doing it the right way, you do not spend 430 pages playing shell games. All of these somewhat shadowy measures are as doomed to go down in defeat as Napoleon’s Great Army was in Russia, although by halfway through this tangled tale, the army still has not made an appearance.

Even the choice of words is an insult to Canadians: jobs, growth and long-term prosperity. How do the Conservatives create jobs and economic prosperity? By reducing government accountability with impunity, by silencing the opposition, by overriding environmental protection measures, and, finally, by trampling on everyone, except for corporations. What is more, they have the audacity to hide an entire pipeline in a budget implementation bill.

Quite simply, when I was reading this bill, I thought I might even find Amelia Earhart's missing plane hidden among the pages. If you have lost your keys, just look in Bill C-38. It has everything.

Pardon my tone, but when the government shows such contempt for Canadians and Canada, the environment that surrounds us and belongs to us, and then has the nerve to say that the opposition is playing petty politics, I feel compelled to make jokes because this is a joke. For the umpteenth time, my hopes and dreams as a citizen of this country have been dashed by this government, which is driven only by money.

Bill C-38 is the grand theosophy of cash. If it truly contains measures to ensure the long-term prosperity of Canadian families—and not just of corporations—the very people for whom Canada was created and who are being asked to make all sorts of sacrifices, then would someone from the government please stand up and name those measures.

Need I remind you that elsewhere in the western world, major countries are making serious decisions and getting rid of governments that talk only about money, money that they want first and foremost for themselves, their friends and possibly for a posh retirement in Dubai?

I would like to reiterate something that is very important. Bill C-38 does contain some peripheral measures that are completely valid. The bill contains so much information that not everything can be bad, that is for sure. I am not saying that all 753 amendments are atrocious, but I have a problem with how the Conservatives have dropped this on us like a ton of bricks. They tell us to stop whining, that it is for the long-term prosperity of all Canadians. The Conservatives would try to hide constitutional amendments in a bill on the reproductive cycle of Canada geese if they thought they could.

I would rather laugh than cry about this, since we have reached a point that is so Kafkaesque with this government, which is putting in doors that open onto brick walls and long, tortuous stairways that lead nowhere. It has become very clear that to this Conservative government, long-term prosperity, growth and employment are simply code words for me, myself and I. The Conservatives are thinking only of their own political future, of the hyper-well-being of their friends in big business, and they do not give a hoot about the working class, about Canadian families or about those who see this ton of bricks falling on their heads.

Where is my generation in this budget? Nowhere. The Conservatives sold our reputation by withdrawing from Kyoto and are laughing in our faces. They are telling us that it is for the good of young people. Young people should be seen and not heard. According to the government, young people should not speak out because they do not understand. They do not understand that Canada has always been poorly managed, that the previous governments were all wrong and that they insisted on cheating and deceiving a category of Canadians whose interests are now being protected by the great Conservative government that was just biding its time and waiting for the perfect moment to rise to power as a majority government and reveal itself to us all. All this contempt for young people reminds me of a quote by James Freeman Clarke, who said that the difference between a politician and a statesman is that a politician thinks of the next election and a statesman thinks of the next generation. Clearly, the group before me is a group of politicians, not a group of statesmen.

The Conservatives are mortgaging our young people's future, government transparency and accountability, the environment, natural resources, old age security, agriculture, food safety and immigration. They are hiding immigration bills in a budget implementation bill. Is this a budget bill or the constitution of a new country? The Minister of Citizenship, Immigration and Multiculturalism has made a lot of effort to travel to cities all across Canada to talk to immigrants who had the opportunity to come to Canada and convince them that they know his party is the one that stands for economic stability and the sound management of public money. He may have even thrown in a little Trudeau-style benevolent multiculturalism. The approach that has always worked for Canada can hardly be reinvented.

Speaking of immigration, the Conservatives think that terrorists are everywhere, trying to get into Canada. They are giving the minister incredible power. They can detain and incarcerate. When the experts tell us that these measures make no sense, the government talks about how Canadians will constantly be in danger if just anyone is allowed in. They are singing two different songs: “Vote for us because we like you” and “Go back where you came from because we have it too good here”. If there is one thing that is growing and that seems to be here to stay, it is not jobs and prosperity; it is shame and contempt.

I would like the government to explain why it thinks it is a good idea to cut food inspection. A UN food safety inspector, Olivier de Schutter, is in Canada right now. Government members do not even dare to talk to him. Is that because they are too ashamed? If Mr. de Schutter had come here with a proposal for a free trade agreement with the Grand Duchy of Luxembourg, they would have fallen all over themselves to meet with him.

Let us be clear. The government does not care at all about young people and it cares even less about seniors, who are costing us too much money. Seriously, Canada does not need any enemies to make people laugh at us: the Conservative government is doing that well enough on its own. It is acting as though countless seniors got off a big yellow school bus last week. In addition to insulting our intelligence by trying to hide all these changes within these 430 indigestible pages, it is insulting us directly too: you are too old, you need to tighten your belt, you no longer contribute. The Conservatives should be ashamed of themselves. Meanwhile, where is all the money going? It is greasing the palms of big business, which does not need it at all. This sounds more like Hollywood.

I would like to quote the member for Chambly—Borduas who said, “With great power comes great responsibility”. However, for us, there will be no superhero and no harsh Russian winter to defeat this army of shame that is invading us. Even opposition members cannot state our opinions, since we will be muzzled. Bill C-38 only adds to this government's terrible track record. Canadians will have to wait three years to be saved by our superheroes.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 4:45 p.m.
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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I rise here today to share my views on Bill C-38.

This is a very important bill, but unfortunately, not in a positive sense. On the contrary, several elements of this bill are bad for Canadians and for the environment.

This bill is not a generous bill. It is not generous towards immigrants, towards small and medium-sized businesses, towards older people who want to retire, or towards the environment and our fish stocks.

I would like to focus on three main elements in my speech. First of all, Bill C-38 takes us in a direction and down a path that is undemocratic, which is reflected in the process and the content of the bill.

Second, this bill will have a devastating effect on the environment in the long term. This is very worrisome to me and to all Canadians. This bill will damage not only the environment, but also biodiversity, our fish stocks and the health and safety of Canadians who are counting on a healthy environment and healthy ecosystems for the long term. Passing this bill entails several risks.

Third, this bill should create hope, provide opportunities and be generous, since Canada is recovering from a serious recession. Instead, this bill does not help Canadians. On the contrary, this bill contains elements that are bad for small and medium-sized businesses and for Canadians employed by these businesses.

I will now address the first element in greater detail for my hon. colleagues.

While I am confident that there are some positive elements in this budget implementation bill, as there will be in any bill, unfortunately they are completely outweighed by the negative aspects of the bill. The complexity of a 420-page bill that amends some 70 other pieces of legislation makes it difficult to even assess and paint a picture of the things that concern us.

I know my colleagues in the New Democratic Party have been calling it a Trojan Horse bill, but I have a different name for it: I would call it the “infected blanket bill”. This is an infected blanket budget. I use that term very specifically because in the 1700s there are accounts that suggest that gifts by the British government to first nations in North America were knowingly infected with the smallpox virus, which then spread out in those communities and did damage.

Perhaps not immediately, but over time it was very detrimental to those populations, and this is that kind of bill. While the bill is presented as a gift to Canadians and as something positive, in fact some of the provisions, such as the changes to old age security, will inevitably fall most strongly and negatively on the poorest of Canadians, on disabled Canadians and on single elderly low-income women, with who knows what kinds of repercussions. In some case disabled persons report that they are waiting to turn 65 so that they can be lifted out of poverty by old age security and GIS. Those are the Canadians who will lose $30,000 a year with the government's changes. That is the kind of negative gift that will keep on giving.

This infected blanket budget bill will cost our environmental protection incrementally over the long term. We have developed, over perhaps 30 or 40 years, a framework of environmental protection whereby economic development can proceed in a way that mitigates environmental damage. As populations increase and our economy continues to grow based on the development of resources, those good things need to be accompanied by a strong environmental safety net for the health and safety of Canadians and for the long term of an ecosystem that can provide Canadians the services that assist our well-being.

Down the road, if the air poisons us or we have oceans without biodiversity that cannot feed some of our aboriginal communities or we have failing seafood industries that cannot feed Canadians and our export industries, it is going to be negative for Canadians. Over the long term, by gutting these environmental regulations and taking the protection of fish habitat out of the Fisheries Act, we may well see the demise of the salmon stocks on the west coast comparable to what we saw with the cod on the east coast, although I certainly hope not.

We have had the experience of ignoring conservation and environmental sustainability as a principle that must be embedded in the way we develop our economy and our day-to-day lives, and we have seen the cost of ignoring that. That is why we have environmental assessment regulations. That is why we have the species at risk law. That is why we have a Fisheries Act that protects fish habitat and fish. Those are the very things that are being undermined in this bill, which provides an override to the government for political reasons or reasons of industrial pressure. That will cost our fish, wildlife, sea life and the very fundamental importance of them to Canadians in the future.

That is why this budget is of such concern. It is not just that the future destruction is hidden in a budget implementation bill. It is not just that there is no opportunity to duly and properly give justice to these massive changes to our environmental safety net. It is not just that 300,000 people have staked their lives and futures on their hopes and dreams of coming to Canada, a group of people who have paid money, responded to requests for information and put their lives on hold to come to Canada and who are being told, “Sorry; you are history”. It is not just the content of the bill, but the fact that the government is hiding the very contentious things it is trying to in a way that is anti-democratic and takes us down a road toward dictatorship. That is not too strong an image. We are going in a direction away from accountability, away from transparency and away from long-term responsibility for the resource base that must nourish our lives and well-being into the future.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 4:35 p.m.
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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Madam Speaker, it is indeed my pleasure today to be standing here in this great place to talk about the implementation of our sixth budget, Bill C-38, which is about jobs, growth and prosperity in the long term.

It is an interesting time. As I listen to the questions that come about in this House, basically, it is the same questions all the time. However, this is about trying to understand what this budget is about.

I am going to talk a little differently from some of the other speakers because, actually, budget 2012 is a building block that started with the foundation of Canada's economic action plan back in 2007.

The residents in Lambton—Kent—Middlesex understand what the balancing of a budget means. They understand what it means to move forward. They understand what it is to build on top of a great foundation.

Lambton—Kent—Middlesex, which is in southwestern Ontario, is an area that has incredibly robust agriculture. It is an area made up of small and medium-sized businesses that have a vision and a goal to become more successful and to build on great plans. It is a constituency that is made up of families that respect accountability and decisive action.

And so, when we go out as the Conservative Party of Canada to talk to not only the people across the country but specifically the people in Lambton—Kent—Middlesex, they want to know how we got to where we are, in terms of the strength of this economy and the strength of Canada in relationship to the rest of the world. That always gives me the opportunity to talk about where we were, where we came from and how we are going to get there.

I think I am one of the most fortunate MPs in this House because I represent the people of Lambton—Kent—Middlesex. They understand the significance that, when we create a deficit, we actually have to pay it down.

When we got elected in 2006, because we had to take over and fix up some of the stuff that had been done by the previous government, we actually had an economy that was moving along and we paid down over $37 billion off the deficit, off the debt.

Actually, in 2008, things went bad.

In 2007 our party could see things around the world that were not conducive to growth. So we took action. Actually, that is when we introduced the economic action plan.

I do not know if there has ever been a budget process that has started with a vision as to how we are going to come into a problem, how we are going to work our way through it and then, at the end of the day, how we are going to continue to grow and build this country not only to be the great country it is now but to continue to sustain itself, not just for the short time but also for the long time.

We believe that if we give businesses of any size in this country the opportunity to grow and we give them the opportunity to be successful, most of them would take that chance. However, we have to give them some tools.

We believe that Canada was an overtaxed country, not only in terms of people but in terms of businesses.

We believe that governments are only the stewards of taxpayers' money. We do not create the jobs, but we have an obligation to create the environment so that businesses and organizations can create the jobs.

We believe that a low-tax system and structure is one of the key elements that would allow businesses to become successful.

It would allow people to be successful and to leave money in their pockets so they can hire people. That is the whole objective of success in the economy: people have a business; they have a product that people want; if they are successful and actually make a profit, they will hire people, generating jobs, and they will pay more taxes because they have generated a larger revenue.

It is a bit of an anomaly that the people on the other side are struggling to understand. It is the complete opposite of what they believe in terms of taxes. They believe we have to tax to death. We believe in taxing to give the ability to be successful.

One of the great things in my riding is agriculture. I do not have a large urban area. My largest urban area is 14,000 people, and the next one is about 13,000. I have 65 other small hamlets and villages in between. Agriculture fills in all those gaps. Agriculture is so important, not only to Lambton—Kent—Middlesex and the people in my riding, because of the diversity of my riding, but it is important to Canada. It is important to the economic stimulus and the ability we have in Canada to be successful.

For agriculture we have opened free trade agreements. That affects not only agriculture but obviously businesses, small businesses. Whatever they are making or producing or whatever technology they have, they understand the importance of our helping them in the research and innovation part of it, so they can stay on the cutting edge, and our giving them the opportunity to open their markets, not only domestically but internationally, which is key to their growth and success.

We have done that. Canada is a unique country in that in agriculture we have wide-open free markets. The grain and livestock sectors are free markets. In Canada we also have a uniqueness that is respected and appreciated by many around the world, and that is supply management. That has been able to build the strength and the confidence of our producers across this country.

From time to time we have heard that we will lose supply management because of our free trade agreements. We have nine trade agreements signed. We are on the verge of signing another one with the EU. We have had discussions with Japan. These are incredible opportunities, not only for agriculture but also for our small businesses. I can tell members that supply management is solid in this country.

One of the things that is important is our young people. I want to tell the House about Scott Moir and Tessa Virtue, Olympic champions, world champion skaters. What do they do? They set a goal. They work hard every day. They practise. When they reach a goal, they continue with a vision, so that they never hang up their skates. They continue to be persistent.

This budget is a bit like that. We have spent hours planning ahead, as we did with the economic action plan. We have set our goals. We have created a vision for Canada that will continue to move us not only from yesterday to today but into the future.

Once we reach those goals, we do not want to be stagnant. We will continue to move on to the next step, so we will continue to be stronger.

Folks, the implementation bill, Bill C-38 is about jobs, growth and long-term prosperity. This is a bill that needs to be supported, and it needs to be brought to the bridges right now. It is a fair and progressive budget. We should all get behind it.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 4:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I am pleased to stand and speak on the budget implementation bill, Bill C-38, on behalf of my constituents in Vancouver Kingsway and on behalf of all Canadians who want to see democracy, accountability and sound fiscal planning for a fair and prosperous Canada.

I stood in the House three weeks ago and presented what the people of Vancouver Kingsway told me are the priorities they would like to see in a federal budget. Those priorities were things like housing. We know that the government of Brian Mulroney removed CMHC's participation in affordable housing in 1992, leaving only CMHC's role in insuring mortgages to this day. We also know that the Liberal Party promised in three successive elections to restore the federal government's role in housing and never actually delivered on that. It leaves Canada as one of the only G8 countries that does not have a national housing policy.

The people of Vancouver Kingsway said that they needed childcare. Working parents, single parents in particular, have said time and time again to politicians that they need an affordable, accessible, quality childcare system that will not only help them raise their children and make sure they have a good start in life, but also return an economic benefit that has been estimated at between $5 and $7 for every $1 of investment. We know that childcare is one way to unleash the full economic potential of millions of Canadian families so that they can participate in the workforce.

The people of Vancouver Kingsway told me that they wanted to see meaningful and immediate action on the environment. They know that there is no dichotomy between the economy and the environment. People who are thoughtful in our country know that the environment is the basis for all economic activity in the country. Only the most short-term, blinded people would think that not taking care of our environment is some way to develop our economy.

The people of Vancouver Kingsway told me that they wanted to see a meaningful jobs strategy in the country, not jobs that are part-time, or service sector, or temporary, but jobs that one can actually raise a family on. They told me they wanted to see a budget that would take care of our seniors.

Bill C-38 is a bill that, I am sorry to say, fails in every one of those aspects. There is no national housing plan in the budget. There is no national childcare plan in the budget. Far from taking care of our environment, as I will talk about in a few minutes, the budget bill contains one of the most destructive programs of anti-environment policy that this country has witnessed.

Not only does the budget not provide any meaningful program for jobs, but it is going to see some 19,000 public servants lose their jobs. This is a job destroyer.

What did the seniors of the country see? They saw the government introduce a provision that will see seniors, starting in 2023, have to wait two years longer to receive their old age security. This puts in jeopardy the retirement of millions of Canadians, including any Canadian under the age of 54 right now.

We see a massive 421 page bill, which not only contains implementation of the 2012 budget, but that has many provisions on traditional, non-budgetary matters. Those are buried in the bill. We see fully one-third of the budget bill is dedicated to environmental deregulation. A major narrative in the bill removes powers of the Auditor General and removes many staff. I think what Canadians are seeing in the budget is a reduction in the accountability and transparency of their federal government.

Another major narrative in the bill surrounds the creation of a more secretive and non-transparent government through the removal and closure of oversight powers and bodies and a concentration of many powers in the hands of cabinet ministers who make decisions at cabinet, behind closed doors.

I would argue that, far from being a budget bill that is aimed at jobs and prosperity, as the government members assert, it is actually a budget bill that could be more properly characterized as one of destruction and an attack on democracy, accountability and our environment.

Let us see what is actually in the bill with regard to the environment. This bill would gut the federal environmental assessment regime to speed up major projects, notably pipelines. It would delegate environmental assessments to other authorities, including provinces. It would make sure that projects outside Canada are not held to account under Canadian laws, presumably targeting mining companies.

The division in the budget makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other acts and repeals the Canadian Environmental Assessment Act entirely. This bill would give cabinet authority to make decisions regarding major pipelines and would allow the National Energy Board authority over permits related to pipelines and power lines over navigable waters, overriding tribunals that would find those projects unacceptable.

It would change the rules around fish habitat protection and the deposit of deleterious substances in fish-bearing waters. The bill would give sweeping powers to the minister to transfer authorities to other bodies to allow fisheries management. Many have questioned the constitutionality of that provision. It would weaken rules for disposal at sea. It would allow the government to issue longer-term permits under the Species at Risk Act and allow the National Energy Board to issue permits for development when such developments may affect the species listed.

It would change the definition of interested parties to weaken public participation in environmental decision making and exclude anyone not “directly affected” by a project. It would repeal the Kyoto Protocol Implementation Act, meaning government would no longer be required to report on its emissions under the act. I note that a report of one of the parliamentary officers responsible for environmental regulation is now saying that the government will not even meet its weak environmental targets by 2020. This act would give cabinet the ability to ignore the National Energy Board and any environmental tribunal and approve a project that had been turned down.

Those are not rhetorical comments, those are provisions of this bill. How anybody could read those provisions and not find that this budget bill is a frontal attack on environmental regulation and sustainability in this country is beyond me.

Let us turn to old age security. Conservative members stand in the House weekly and say they received a strong mandate from the Canadian people to govern. In some cases I think they are right. There are things the government campaigned on and delivered what it said. However, during the campaign the Conservatives did not mention one word ever about raising the old age security requirements.

They claim that this is required because of the demographic trend. The demographic trend in this country did not sneak up on them. The baby boom generation and the demographic trend in this country have been known by everybody for years and years. One is left with only one conclusion: the Conservatives did not mention their plan to raise old age security and put it before the Canadian people during the last election because they knew it would be unpopular and that the Canadian people would not give them a mandate to take that step.

Not only is there no mandate for raising the eligibility age for old age security but there is no evidence to support it, there is no need for it and there is no fiscal prudence in doing so. The Parliamentary Budget Officer has been clear. He studied this issue very carefully and found that the old age security program is fully sustainable the way it is. That only stands to reason. The demographic reality is that retirees will peak with the 1964 cohort and then start declining. Since we fund old age security out of general revenues, it is simply a question of policy. If a government wants to fund old age security, it can do that.

What has the current government done? It has cut somewhere between $25 billion and $50 billion of revenue very year over the last five years by reducing the GST two points and reducing corporate income tax. Now the government says there is not enough money to pay for old age security. The government is financing corporate tax cuts today on the backs of our seniors tomorrow. That is irresponsible and unfair.

In terms of the Auditor General, Canadians want to see their government scrutinized. It is what makes us a democracy. We are not a dictatorship. By removing a dozen bodies from scrutiny by the Auditor General, Canadians know what they see, and what they see is a government that is afraid of having its activities scrutinized by the Auditor General, and that is undemocratic.

This budget is unaccountable. It does not reflect the priorities of Canadians. It is undemocratic, and I am proud to vote against it.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 4:10 p.m.
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NDP

Paulina Ayala NDP Honoré-Mercier, QC

Madam Speaker, the extremely tight schedule we have been given to work on Bill C-38, which does not facilitate debate at all, reminds me of my childhood in Chile, where a small group of people legislated without listening to anyone else. Clearly, at the time, Chile was not a democracy. I therefore chose to live in Canada because of the strength of its democracy and the value of its parliamentary system, in which debate is of the utmost importance.

Why then are the Conservatives insisting on imposing such a tight timeline that undermines the nature of the Parliament of Canada?

May 8th, 2012 / 4:05 p.m.
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NDP

François Choquette NDP Drummond, QC

Thank you, Mr. Chair.

I would also like to thank the witnesses for joining us.

I have a great deal to say about your report. First, let me thank you for a job well done. Unfortunately, our withdrawal from the Kyoto Protocol under Bill C-38 is revolting, and you have put it so well in your report. We invested $9 billion and we don't know what we got out of it. The government said that it wanted to withdraw from Kyoto because it was too costly, but we have no numbers on the actual costs for 2020.

I know that you have read the national inventory. You are being told that the figures in your report are wrong. Does that make you change your mind in terms of your doubting that the 2020 target can be reached? Is there something concrete that is going to make you change your mind?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:45 p.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Madam Speaker, I welcome the opportunity to participate in today's debate on the budget implementation bill, although I must say that 10 minutes to deal with the 425-page bill is absurdly inadequate. It is impossible to offer a comprehensive analysis if the government is intent on giving me less than one second per page of the bill to articulate the concerns of my constituents. What happened to the government's commitment to accountability?

I will, however, try to make the most of what little time I do have. This speech may not end up hanging together very well but, in the interest of hitting on all the key points, I will just jump from one to the next while keeping a close eye on the clock.

I will begin with the environment. The Conservatives have the worst track record of any recent Canadian government when it comes to environmental protection and action on climate change. In fact, the government is engaged in an all out dismantling of Canada's environmental regulation and protection system.

Canada reduced its federal environmental spending by 40% between 1993 and 1997, starting a long and continuing period of environmental backsliding. Our country's environmental ranking is now the worst in the world. The 2011 Climate change performance index ranks Canada 57 out of 60 nations.

Why are the Conservatives doing this? They are gutting Canada's long-standing environmental laws so that their friends in the oil and gas industry get what they have been asking for: fewer environmental safeguards so they can push through resource megaprojects, including pipelines, with little regard to environmental damage.

Fully one-third of the budget implementation bill deals with such environmental deregulation. It is an all out attack on the laws that protect the air we breathe, the water we drink and the communities in which we live. It is outrageous. It is our children and grandchildren who will pay the price.

Although there is much more to be said, I must move on and I will move from kids to the other end of the demographic spectrum and talk about seniors.

The Conservative government is using Bill C-38 to balance its budget on the backs of Canadian seniors. The Conservatives gave $16 billion in tax cuts to profitable corporations without receiving a single job guarantee. Now, facing a revenue shortfall, they expect Canadian seniors to pay the price. It is absurd. The Conservatives have no problem spending $30 billion on their F-35 boondoggle and another $19 billion for their unpopular prisons agenda but they cannot spare $540 a month for Canada's poorest seniors. It is about time they got their priorities straight.

In fact, it was not that long ago that the Prime Minister would have agreed with me. In the thick of the 2004 election campaign, his Conservative Party sent out a REALITY CHECK entitled “Paul Martin's hidden seniors agenda”. At that time the Conservatives claimed that the Liberals were hiding a plan to raise the retirement age to 67 for the old age security. They ridiculed the idea of raising the eligibility for OAS because, “Canadians would have to work two years longer only to receive less from their public pension”.

In 2004, the Conservatives were ready to stand up for seniors but that was then and this is now.

Today, the Conservatives have absolutely no qualms about leaving seniors behind. Instead of working to lift every senior out of poverty, the Conservatives are throwing tens of thousands of seniors into poverty. In fact, without OAS-GIS for two years, almost 100,000 recently retired Canadian seniors would be made poor today. For single senior females, the poverty rate would rise from 17% to 48%.

There is absolutely no sound fiscal or policy justification for any of that. In fact, all evidence shows that the OAS is sustainable. Pension and retirement expert professor Tom Klassen of York University noted, “I haven't heard any academic argue that there's a crisis with OAS". In fact, numerous experts, including the Parliamentary Budget Officer, have confirmed that the OAS is sustainable in its existing form. Even the government's own latest actuarial report indicates that the OAS-GIS will account for a smaller percentage of the GDP in 2060 than it does today.

So why punish future generations? By changing the OAS, the Conservatives are pitting one generation against the next. We have all worked hard and played by the rules. There is no reason to bankrupt the next generation of Canadians with the Conservatives' reckless cuts.

In fact, that is exactly the position taken by CARP, one of Canada's leading advocacy organizations for seniors. CARP members have stated that they:

...do not see how cutting OAS spending would help future generations. Instead, they are calling for measures that will create job opportunities for them as a better way to secure their future. Rather than selfishly guarding their own interests...CARP members and other older Canadians are defending an important part of the social safety net and do not want to see it torn up for their children and grandchildren.

If only the government were only listening.

I will keep moving along.

I was encouraged when I heard the Parliamentary Secretary to the Minister of Finance say last week, “the best way to fight poverty and deal with inequality is to ensure that Canadians have jobs”.

I was cautiously optimistic that a government bill that is entitled the “jobs, growth and long-term prosperity act” might actually deal with the critical issue of jobs, and it does, but instead of dealing with job creation, it deals with job cuts. That is terrible news for communities like my hometown of Hamilton, which was built upon a thriving manufacturing sector.

Since the Conservatives came to power, Canada has lost 365,000 manufacturing jobs. There are nearly 1.4 million Canadians out of work and the employment rate remains well above the pre-recession level. Youth unemployment remains nearly double the national average at 14%.

What is the government's job strategy? It throws more people out of work.

The Canadian Centre for Policy Alternatives estimates that, in addition to the 19,200 positions being eliminated in budget 2012, there will be a further 6,300 jobs cut as a result of the government's previous strategic reviews that have yet to be implemented and a further 9,000 jobs cut as a result of the government's budget operating freeze. That would total 34,500 federal public service jobs being cut.

The Parliamentary Budget Officer suggests that the total will be even higher, at 43,000 jobs lost, since, “we're actually talking about cuts on top of cuts”.

Anyone who had hoped that the Conservatives would live up to their rhetoric of investing in jobs to alleviate poverty will be sadly disappointed. However, they will not be surprised because the government's track record on poverty is one of exacerbating the problem rather than working to eradicate it. From cutting the National Council of Welfare to eliminating key public programs and failing to invest in housing supports and child care, the Conservative government has failed to ensure that we build a Canada where no one is left behind.

As the Canadian Labour Congress rightly pointed out, budgets are all about choices. With unemployment and underemployment still at very high levels and a shrinking middle-class, the federal government could and should have laid the basis for sustained and broadly shared economic recovery.

Instead, the government introduced a number of measures that will unfairly target the unemployed, severely reduce avenues for unemployed workers to appeal the denial of benefits and reduce the standard of living for workers everywhere.

Instead of fixing a broken EI system that results in the denial of benefits to the majority of unemployed workers, the Conservatives are making it even tougher for the unemployed to receive the benefits of an insurance policy they have paid into all of their working lives.

First, the government plans to cut unemployed workers off their EI benefits if they decline “suitable employment”. The definition of “suitable employment” will be set by none other than the Minister of Human Resources and Skills Development Canada. That minister, of course, is the same minister of HRSDC who laid off claims workers at Service Canada at a time when unemployment and, therefore, claims were actually going up. That minister is also the same minister of HRSDC who sat on her hands while hundreds of workers at U.S. Steel in her own riding were unable to access EI during a recent lockout. If she is not willing to stand up for her own constituents, she certainly cannot be counted on to stand up for unemployed workers in other regions of the country. Yet, the minister is assuming even more power for herself under the EI appeal system.

Whereas the almost 26,000 EI appeals used to be dealt with by regional tripartite boards of referees made up of labour, employer and government chosen representatives, the minister alone will now appoint one board of full-time members to deal with all appeals. This is a recipe for unprecedented backlogs and logistical nightmares, and that is before I even begin to comment about the outrageous replacement of fair and balanced boards of appeal with the minister's pet patronage appointments.

When we combine that with last month's announcement that changes to the temporary foreign worker program will now allow employers to pay highly skilled migrant workers 15% less than the average local wage, the government's agenda is thrown into stark relief.

The Conservatives are absolutely determined to interfere in the labour market to the detriment of not only migrant workers, but all Canadian workers by pushing down wages and, in effect, subsidizing big business.

Workers and their communities deserve better. It is time for the Conservative government to stop being preoccupied with issues of power and prestige and get to work on the bread and butter issues that really matter to Canadian families, like creating quality jobs.

Until we see that change, I will proudly vote against the budget at each and every stage.

May 8th, 2012 / 3:40 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

I would like to thank my colleague Megan.

I would also like to thank the witnesses for joining us today.

Mr. Vaughan, what are your recommendations in terms of the Canadian Environmental Assessment Act? With the recent Bill C-38 and the budget, we feel that the government has weakened the act by slashing the budget of the Canadian Environmental Assessment Agency. Could you tell us what the strengths and weaknesses of the environmental act are?

May 8th, 2012 / 3:40 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Thank you very much, Mr. Chair.

Thank you to the whole team that's here.

In light of what we heard at the press conference this morning from the environment commissioner and what we heard today in his brief about contaminated sites, I would like to give notice of motion. I have given a copy to translation so that hopefully they can translate along with me while I read it into the record. It states:

That the Standing Committee on Environment and Sustainable Development immediately commence a study regarding the subject matter of the sections of C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, which directly fall within the mandate of this Committee, namely Part 3, Division 1, Environmental Assessment, Enactment of the Canadian Environmental Assessment Act, 2012; Part 3, Division 6, Canadian Environmental Assessment Act, 1999; Part 3, Division 7, Species at Risk Act; Part 4, Division 9, Parks Canada Agency Act; Part 4, Division 38, Coasting Trade Act; Part 4, Division 40, National Round Table on the Environment and the Economy Act; Part 4, Division 53, Kyoto Protocol Implementation Act.

That's my notice of motion. We'll distribute bilingual copies as soon as we can.

I'd like to hand over the rest of my time to my colleague, Madam Quach.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I rise today to speak to Bill C-38, the omnibus budget bill of more than 450 pages. Not only is the bill's content an affront to the democratic process, but so is the way in which the government intends to ram it through without proper examination. The Conservatives know it is inappropriate to make so many sweeping changes to so many different areas in a budget bill.

They know it is inappropriate to include a series of previously unannounced measures in a budget bill, like the measures that contribute to a less transparent and more secretive environment, including a massive gutting of the powers of the Auditor General.

They know it is inappropriate to give themselves the power to change employment insurance rules without the approval of Parliament. They know it is inappropriate to gut environmental protection and rewrite Canada's fisheries laws in a budget bill. But they do not care.

The Conservative government members have made it very clear over and over again that they do not respect this House and, by extension, they do not respect the very people we were all elected to represent in this House.

I was elected to represent the people of my constituency and my community. They expect more from the current government, which does not even blink while undermining this Parliament by tabling a massive bill that goes far beyond the budget. Clearly, its objective is to ram through its radical Conservative agenda while hiding from oversight and avoiding accountability.

In an attempt to restore some sanity to this House and ensure a proper review of this bill, which is mostly made up of non-financial elements, the New Democrats have asked the government to work with us. That is why yesterday we asked Parliament to split the bill in order to allow for an appropriate review of it, which must include relevant committees hearing from experts about these sweeping changes being proposed.

Instead, what the Conservatives have proposed is to create a monster subcommittee to study all the changes, which is just another way to avoid accountability for measures they are hiding in this Trojan Horse budget bill, a budget bill that does not help our economy or get people back to work. It most certainly does not represent the priorities of the people in Surrey North or people across this country.

Last month, I held a public forum on the budget in my riding to ask my constituents what their concerns and priorities were. They said they did not understand why the government would add two more years before they could qualify for the OAS, when the program has been proven to be sustainable. Both the PBO and the government's own research team has shown that the program is sustainable.

They could not comprehend why the Conservatives would cancel the long gun registry when it helps to save lives. They thought that the government's insistence on destroying the registry records is ridiculous and reckless.

My constituents further told me that they did not understand why the government is paying lip service to the problem of foreign credential assessment and recognition, and not addressing the real shortage of doctors, nurses and medical professionals in our hospitals.

They want a national transit strategy and effective transit to facilitate economic growth in our region. They do not understand why the government would not make that a priority when every other G8 country but Canada has a national transit strategy.

They were very concerned about the protection of salmon habitat and the small and medium-size fishing industry in coastal British Columbia.

They want the government to protect our food security and implement the labelling of GMO foods.

They also do not understand why the Conservatives would dismantle the Wheat Board that was protecting our farmers.

They further told me that they do not want the gutting of environmental protection and removal of accountability that we see in Bill C-38.

However, the Conservatives are not listening to Canadians; they certainly are not listening to the people of my community or the full 80% of the British Columbians who opposed the northern gateway pipeline.

Instead, the Conservatives have done exactly what we have come to expect from the government, exactly what they want with no regard or respect for the people of the country or the democratic process by which they should be governed.

We all know that, when Conservatives do not like rules, they either break them or they undermine Parliament to change them, like changing the rules to undermine an entire environmental review and oversight so they could ram through a reckless pipeline project that puts the coastline of B.C., communities and local economies in peril; or like changing the rules so they could attack charities that target the organizations that are standing up to protect our coasts; or like gutting the office of the Auditor General so we will not know when they break the rules.

Those are just a few of the highlights of what we see in the bill. It is clear that the priorities of the people in my community are not represented by the government and they are most certainly not represented by the contents of the bill.

The Conservatives claim that budget 2012 is about job creation, but the PBO says the budget will cost 43,000 Canadian jobs. In fact, the budget actually plans for unemployment to rise. When the PBO's estimate of 43,000 lost jobs is combined with previous rounds of cuts, this number is closer to 102,000 jobs lost. Still the Conservatives stand in the House day after day, blustering about how the bill is about job creation. It is truly unbelievable.

One-third of the bill is actually dedicated to gutting important environmental protection regulations, so I would humbly suggest to the members across that they cool it on their talking points and admit what the bill is really about: ignoring the hundreds of thousands of Canadians who peacefully protested on Earth Day to show their support for expanding environmental safeguards; showing contempt for Canadians by taking this country backward when it comes to environmental protection; and creating a less transparent and more secretive government so they can lurk in the shadows and get away with their dirty tricks.

Proper oversight is a cornerstone of our parliamentary democracy, of any democracy, and New Democrats will fight for proper oversight and accountability. We will not allow the Conservatives to quietly sneak through these far-reaching changes. Trojan Horse budget bills cannot become the new norm, so if the government is not afraid of being held accountable, it should agree to work with us to split the bill into proper committees.

Separating the bill makes sense. It would allow for a full study with proper expertise at the table, and we would be able to make decisions that would benefit our country. It would allow opposition members to do their job and provide proper oversight. It would also help the backbenchers in the Conservative government to have input into this budget bill.

My sincere hope is that the Conservatives will take a step back and think about the consequences of undermining Parliament and removing oversight and accountability from our democracy.

I hope they will consider the consequences of seriously eroding the trust Canadians have in this House, which is precisely what they are doing with the bill.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:05 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, to help workers who may become disabled, we have implemented our wage earner protection plan, requiring federally-regulated private sector employers to ensure, on a go-forward basis, any long-term disability plans they offer to their employees. We are also improving the registered disability savings plan.

Our government is committed to extending support for families, students, seniors, pensioners and persons with disabilities. I am pleased to report that, without exception, Canadians in my riding of Renfrew—Nipissing—Pembroke, which includes CFB Petawawa, like the support our government has provided to Canada's armed forces, people like Robert Little, who wrote, “As an ex serviceman who served 20 years less a day for my country our service personnel should have the utmost protection when in the field or at home. This government and you have shown that you have great respect for providing all Canadians with a proud and excellent fighting force when needed”.

John Dixon wrote, “Our military is very important and must be maintained. Don't let the purchase of new equipment fall behind as the Liberals did”.

Mack from Pembroke wrote, “One American aircraft carrier has more planes than Canada proposes to purchase. For years our military has had to do with less than other countries in the UN and we lost some lives because of that, especially in Afghanistan, that is unacceptable. We need a decent and well equipped military in today's world”.

In response to my question about taxes, Tom Peckett from Braeside said, “Good. Any time more money is put back into the tax payer hand is much better for our economy”.

Peter from Westmeath wrote, “Thank you for not raising taxes. Like your household and mine, if we haven't got the money, we can't have it, period. Government should take a lesson from the people and not from the lobbyists. Take away the ability of able bodied non-working people to have anything but the basics, no booze, no snack food, no big screen TVs, etc. I already pay for non-working people to have families. Why should I have to pay for 'breakfast programs' in schools as well?“

Unlike the old government, which relied heavily on lobbyists, we passed the Lobbyists Registration Act. This was our response to abuses like the sponsorship scandal.

Jim O'Brien had this to say about our budget, “No tax increases, no cuts to health and education are a welcome relief. All the other cuts in the budget e.g. public service were necessary to get the country back on course after the recession”.

We recognize the need to build and maintain infrastructure in our communities and to provide relief to our municipalities and relieve the burden placed on ratepayers through property taxes by permanently providing the federal gas tax revenue as a stable source of infrastructure funding. The 17 municipalities in my riding welcomed this commitment to our federal government. Unfortunately, in the province of Ontario rural municipalities are denied the provincial gas tax rebate. Providing the right climate for business, particularly small business, to grow and create employment is the role of government.

The need for dependable, affordable high speed Internet throughout rural Ontario is great. Access to better bandwidth and connectivity is essential to the future prosperity of eastern Ontario. As MP for Renfrew—Nipissing—Pembroke, together with my Conservative eastern Ontario colleagues, $55 million in federal funding was provided to get the job done and much of this funding was provided during the stimulus phase of our action plan. There were $255 million provided through Industry Canada over three years to develop and extend broadband coverage to as many under-serviced households as possible.

Our government is implementing specific measures to ensure that Canadians living in rural Canada are able to receive the same high-quality services available to most other Canadians. When the job is completed in March of 2014, 95% of the population of eastern Ontario will have access to affordable high speed Internet.

Our Conservative government is focused on jobs, growth and long-term prosperity. In 2010 Canada's natural resource sectors employed more than 760,000 workers, many of them in Renfrew county. The mining and energy sectors alone represent 10% of the Canadian economy and 40% of our exports. In the next 10 years, more than 500 new projects, representing $500 billion in new investment, will be proposed for Canada. The potential for job growth is enormous.

With the passing of Bill C-38, Canadians will benefit from system-wide legislative improvements to the review process for major economic development projects. One project, one review, in a clearly defined time period makes common sense. The people in my riding get that fact, as evidenced from the comments I received, “The only thing that bothers me is the pressure from the environmental extremist groups to delay us from getting our natural resources to the marketplace. We are natural resource rich and that alone could solve most of the current economy problems”.

Our forestry sector still needs our assistance. Too many forestry workers are without work, too many mills and plants are still idle. The challenge for eastern Ontario is that the province controls the wood supply. In eight short years, thanks to the anti-national resource extraction policy of Queen's Park, Ontario is now an importer of wood. The decision by our federal Minister of Natural Resources to call out some of the lobby groups that are writing policy for the provincial government to come clean on where they get their funding brings hope that rational policies that benefit Ontario will return to the forestry sector.

The House resumed from consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:55 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, it gives me great pleasure, as the member of Parliament for the riding of Renfrew—Nipissing—Pembroke and on behalf of the people of my riding, to speak in support of Bill C-38, the budget implementation act, which speaks to our economic action plan 2012, Canada's blueprint for jobs, growth and long-term prosperity.

One of the reasons that Canada, relative to our economic trading partners, continues to outperform other western economies is the ability of the government to have a forward thinking vision, to plan for the future prosperity of all Canadians. It is clear that any thoughtful Canadian reading our budget sees the goal that we have set out to deal with some fundamental challenges that will arise if corrective action is not taken today. This is being done, while at the same time following our careful, prudent course that has made our finance minister the envy of the G7 countries.

Thoughtful Canadians in my riding have spoken out loud and clear. They like what they read in Canada's 2012 economic action plan. They understand leadership means making difficult decisions today to secure a confident, secure future for tomorrow.

As a Conservative member of Parliament, who makes it my business to directly speak to my constituents regarding the policies put forward, I am pleased with the positive reaction that our budget has received from all Canadians. I read every comment that I receive. For this government, public consultation means just that. We take the time to listen to our constituents, and I am grateful for the many positive suggestions, comments and observations I receive. All comments are welcome.

As a member of the government, I ensure that our Prime Minister and our Minister fo Finance know what is on the minds of Canadians. Suggestions from constituents from Renfrew—Nipissing—Pembroke have played an important role as our government charts a future course intended to benefit most Canadians.

For many people, our budget does go far enough in cutting the deficit, particularly in cutting unnecessary government spending that seems to creep into every program, however well-intentioned the program may have been when it was first proposed.

The people of the Ottawa Valley are well-known for their fierce independence, as well as their common sense approach to living. Their responses to our budget reflect this back. They are people like Lance Bridges, who wrote the following in response to a series of questions I asked individuals to respond to concerning our economic action plan 2012, which will be implemented with the passing of Bill C-38, the legislation before us today.

In response to my question about lowering the deficit, Lance responded:

“I suppose it is a good thing. Unfortunately all my time is taken up trying to figure out how I'm supposed to keep up with my bills and repairs on my home. I used to be able to save on living off of the land but I had to quit when Bill C-68 (the liberal long-gun registry) came into effect, and now that it's gone, my deepest thanks for that, I have no means to get my licenses back since they won't grandfather them to me. It would be a big help if things were set up like fishing licences. It would be a large financial burden lifted from us if all these fees were exempt to the disabled. It would be even nicer if all these unnecessary licences (guns, fishing, hunting, etc.) were eliminated completely.

It's difficult to gauge how the federal budget really affects my family and as we have to survive on what little the Ontario Disability Support Plan offers us. And now with a freeze on, the help to keep up with prices doubling on almost everything is lost.

Thank you for what you've done in the budget”.

Our budget is intended for families like Lance's. I thank him for responding to our survey.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:25 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, I am pleased to rise today to speak to budget 2012 on behalf of the residents in my riding of Palliser in southern Saskatchewan.

Our government has developed a positive, responsible plan to help keep Canada's economy growing, fuel job creation and secure the long-term prosperity for Canadians. It is a solid plan that will help businesses and individuals within my riding, within Saskatchewan and, indeed, within the boundary called Canada.

In the international financial community, there is admiration for Canada's stable position. These accolades include the World Economic Forum stating that our banks are the soundest the world, and Forbes magazine ranking Canada as the best place in the world to do business, to grow business and to create jobs.

In fact, since July 2009, our economy has created more than 700,000 net new jobs.

I will talk about four parts of budget 2012 that would support businesses, families and communities in my riding: First, creating a more efficient immigration system; second, managing our resources better; third, expanding our trade opportunities; and fourth, creating a sustainable old age security program for future generations.

There are Canadians who are out of work or underemployed. At the same time, there is a labour shortage in Saskatchewan, as well as other parts of the country, for some jobs. This budget contains measures to create new, high quality jobs for Canadians while providing measures to fill vacancies through improving the temporary foreign worker program if, and that is a big if, there are no Canadians to fill these positions.

Since 2006, the government has pursued much needed reforms to focus Canada's immigration system on increasing economic prosperity for Canadians. We need to move to an increasingly fast and flexible immigration system that responds to the needs of the labour market in order to sustain Canada's economic growth.

During the pre-budget consultations, a business owner within my riding mentioned that the processing time for skilled workers needed to be reduced. He also mentioned that there was too much red tape during this process. I heard that from a number of constituents. I am proud to say that the government listened and committed to lessen the processing time for temporary foreign workers who made applications, while reducing the paper burden on all employers.

We propose further improvements to recognize foreign professionals, such as physicians, nurses and engineers, among other much needed roles within the Canadian economy.

Looking at the second pillar, I will talk about how budget 2012 will help to manage our resources.

My home province of Saskatchewan is blessed with many resources that drive the economy and there is demand for these resources worldwide. If we are to compete with other resource rich countries, which would create some of those high quality jobs that I mentioned, we need to put in place an effective, efficient regulatory system to review major projects.

We propose to streamline the review process to encourage responsible resource development. The proposed review process will include fixed timelines and a one project, one review process, while introducing stronger penalties for those who violate our environmental laws.

Turning to number three, I will talk about how our plan will help expand trade. I am supportive of the focus on international trade, as it create jobs for residents in my riding and in Canada. Since 2006, we have finalized nine free trade agreements with other nations and we continue to deepen trade agreements with other nations, including those with fast growing economies. In fact, a Canada-European Union free trade agreement would bring a 20% boost in bilateral trade, which would create approximately 80,000 new jobs.

Agriculture contributes enormously to our country's economy, with nearly $35.5 billion in exports, which makes Canada the world's fifth largest exporter of agriculture and food products.

Our plan includes measures to help our farmers and ranchers succeed, which is good news for my riding where agriculture is the number one industry. They are succeeding partially thanks to efforts in opening markets for our Canadian beef, pork, canola, pulse crops, wheat and more.

We will continue to work on behalf of farmers and ranchers to ensure that people in other countries have access to our high quality Canadian food.

Our efforts and successes have been well recognized by the agricultural sector. Additionally, exporters within my riding would benefit through extending the provision of domestic financing by Export Development Canada.

I would like to take a minute to talk about the old age security program.

Budget 2012 proposes changes to the OAS program to ensure that it will be sustainable for future generations. Our plan outlines that changes will not be introduced until 2023, which means that seniors or those who are nearing retirement will not be affected. Our government is providing many years of lead time to allow individuals to make adjustments to their savings plan as necessary to meet their own goals and aspirations.

I will provide a comment from a constituent who stated, when we were talking about pensions, “The pension reforms are acceptable, seeing that the age change will only take place after 2023 or 2029, allowing the next generation to prepare, and thus manage their economies of scale accordingly”.

Our seniors are realists.

We are also eliminating the application process for OAS and GIS, which has been warmly received by many constituents who contacted my office.

I support changes for the sustainability of the OAS program on behalf of residents in my riding who may need the OAS in future years.

I would ask all hon. colleagues to support Bill C-38, a positive, reasonable plan that encourages job creation and growth within sound fiscal principles and without reducing transfer to persons. It is the right plan for Palliser, for Saskatchewan and for Canada.

Thanks to our elected majority government, I am excited for the opportunities facing Saskatchewan and Canada as our government works to allow businessed to flourish and families and communities to grow and strengthen.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we are talking about Bill C-38, a budget bill that typically would be less than 40 pages at best. This bill has in excess of 400 pages and it impacts some 70 pieces of legislation. Over 120 pages deal with the environment.

That is why we argue that the government is using the back door of the budget, not only to limit debate on the budget but to sneak through legislation that should be set aside to go through the system separately. Would the member agree with the Liberal Party and acknowledge that the bill should be a number of different bills?

If the Prime Minister has any belief in democracy, he should break up the bill before it even comes to a vote.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 1:10 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to rise to speak on the very reasoned amendment from the member for Parkdale—High Park to Bill C-38.

I rose a moment ago and asked the previous speaker a question about the fact that a budget was introduced a few weeks ago when the Minister of Finance, on behalf of the government, talked about the government's direction and where it wants to allocate resources. While Conservatives talked about it as a jobs and prosperity budget, we know they are laying off tens of thousands of workers at a time when they are talking about creating jobs and we know that they have made a frontal assault on senior citizens in this country, yet lo and behold, when we see Bill C-38, we find that the damage and the destruction the government is intent on waging in this country are much greater than we would have imagined.

The previous speaker talked about how the government has engaged in massive consultation with Canadians and how Bill C-38 is exactly what Canadians want. I understand that the finance committee travelled across the country and held pre-budget consultations with Canadians, but never once was it suggested to Canadians that the government was going to gut environmental laws. Never once in those consultations or any of the consultations that happened in Nova Scotia on behalf of the Minister of Finance was there ever any discussion about the fact that the government was going to gut the Fisheries Act—completely turn it on its head and take away the power that existed in the Fisheries Act to protect fish habitat. Never once did it say anything to Canadians about its intention to do that.

I will give Conservatives credit. They did give us a bit of a heads-up on the OAS. There was an announcement by the Prime Minister. When he was in Davos drinking Chablis with his friends and talking off the cuff, he said that he was going to transform this country and that he would start by ripping dollars out of the pockets of senior citizens in 2023. I do not care if it is in 2012, 2015 or 2023; it is an attack on seniors in this country. That is what the government has done.

Now we have Bill C-38, which goes after the environment, fisheries, workers and seniors, as well as the accountability of the Auditor General to ensure that taxpayers' dollars being properly spent by a whole host of agencies. The complexity of the changes being proposed in this bill boggle the mind.

I had a conversation with a retired scientist from DFO who had been involved in the environment for over 35 years. When he initially examined the changes that were being proposed, he said the initial changes to subsection 35(1) were not too bad and that they would strengthen a bit of the problem with this and a bit of the problem with that. However, he then said the that other shoe drops, with the government bringing in changes that are going to completely wipe out any of the improvements that were brought in and wipe out the effectiveness of the provisions in the Fisheries Act that deal with the protection of fish habitat.

The most damaging part of this whole bill is the attack being waged on fishing communities across this country and on the ecosystem, frankly, because fish habitat is about the ecosystem. It is about the interrelatedness of the water and the land to ensure that we have a variety of species in this world to contribute to the betterment of our society. Some of it may be commercially viable, but that is not the reason it is protected; habitat is protected because we want to make sure we have a strong and viable ecosystem. Habitat is the water and land necessary for the survival of all species, including fish. Habitat destruction is the most common reason for species decline, and the Fisheries Act has been essential in protecting fish habitats and the fisheries they support.

I have spent the last couple of weeks sitting in on the Standing Committee on Fisheries and Oceans, where we heard witnesses talk about the problems with invasive species in the Great Lakes. I am from the east coast and I do not know a whole lot about invasive species in the Great Lakes. I know a lot about the cod moratorium and how it devastated the coastal communities in Nova Scotia, Newfoundland and Labrador, P.E.I., and New Brunswick. I also know how lobsters, scallops and other crustaceans have rebounded to fill the gap and I know that the fishery is critical to hundreds of thousands of families in this country—to communities, to families, to children, to our very way of being.

What I have learned over the past couple of days is just how closely connected our whole system is. Members have heard about the zebra mussel and how it clogs up the bottom of many of the Great Lakes and attaches itself to the outfalls of power plants and creates a great deal of problems. The quagga mussel is now also part of that.

There is another invasive species, a fish. I have forgotten its name, but it eats the mussels. The combination of the two creates botulism and results in huge fish kills, as well as killing waterfowl. Who would have thought that connection, that level of chemistry, would take place and affect the Great Lakes? It is a serious problem.

There are also problems with the sea lamprey and others. What was interesting was what we were told about the science, the ways to prevent these invasive species and how to mitigate their negative effects to ensure the return of more commercially viable fisheries. Those things are not known when an invasive species is initially identified; it takes science, time and the dedication of DFO and the Minister of Natural Resources in order to come to that conclusion.

My point is that the changes being proposed by the government, simply as they relate to the Fisheries Act and the definition with respect to the protection of fish habitat, are destructive beyond belief, and we cannot allow that to happen. For the government to be so gutless as to hide behind this omnibus bill rather than to bring about these changes in a bill that would go before a legislative committee in order for us to bring experts in to deal with the issue is absolutely wrong. It is fundamentally wrong.

I am talking to Canadians, as are my colleagues, and Canadians are waking up to what the government is doing. We will stand both here in the House and in our communities and do everything we can to ensure that Canadians understand what the government is intending for the fisheries, for the environment and for our society. We will do everything we can, along with lots of Canadians, to ensure that this does not happen.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 12:50 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, Canadians may be confused. They hear opposition members saying that with Bill C-38 the government is gutting environmental laws, and they hear the Conservative members of Parliament saying that they are strengthening the laws.

The reality is clear when we look at the legislation. The Canadian Environmental Assessment Act is repealed. An entirely new act of 67 pages replaces it, which lacks the fundamental elements that have been there since 1992 when that act was passed.

I would like to ask my hon. friend if, in looking at this bill in relation to Fisheries Act provisions and the protection of fisheries habitat, he has concerns that are particularly applicable to his community of Newfoundland and Labrador?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 12:40 p.m.
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NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, I stand today in opposition to Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Let me be clear from the get-go. Not only do I rise in opposition to the Conservative budget, which is a backward step in so many ways for Newfoundland and Labrador and all of Canada, or then again step is not the right word, backward leap seems more appropriate for Newfoundland and Labrador and all of Canada, I also rise in opposition to those “other measures”. The bill is an omnibus bill, a massive bill, 421 pages long. It not only contains the means to implement the 2012 budget, but contains dozens of other measures buried in its pages, hidden in its pages, measures that have nothing to do with the budget, measures that include everything but the kitchen sink, from increasing the age of eligibility for old age pension to 67 from 65, to gutting the federal Fisheries Act, to ripping apart environmental legislation that may leave our country, when the Conservative government is done with it, in a mess.

I take back what I said a second ago about the kitchen sink. The sink just may be in the bill somewhere. Maybe that is why the Conservatives are so set on limiting debate. Maybe that is why the Conservatives are so set on ramming legislation through this esteemed House so quickly, legislation that was not even hinted at in the 2011 federal election, as a means to sneak through their secret agenda and to sidestep democracy.

I can tell members that the Conservatives will have a hard time getting anything past my party, Her Majesty's Loyal Opposition, try as they may. What is more, the Conservatives will have an even harder time getting anything past Newfoundlanders and Labradorians and Canadians.

The Canadian public is starting to get a pretty good idea of what the Conservative Party and the Prime Minister are about. They are about big business and the corporate agenda at the expense of average Canadians, at the expense of the environment and at the expense of real, meaningful jobs.

The irony is the budget is described as a job-creating budget at the same time that it kills more than 19,000 federal public sector jobs.

The face of Canada is changing, and I have heard this in my riding, and Newfoundlanders and Labradorians and Canadians do not like what they see in the Ottawa mirror. It is not who we are.

I have three perspectives on the Conservative budget implementation bill: the Newfoundland and Labrador perspective; the Atlantic perspective; and the national perspective.

I will speak about my own province first. Most people where I come from are Newfoundlanders and Labradorians first and Canadians second. They will tell people that to their face if they are asked and even if they are not.

Bill C-38 would have a huge negative impact on my province with regard to federal job cuts. More of the federal jobs in Newfoundland and Labrador that we have are being moved to Halifax. We will lose more jobs and we have few already. The mayor of St. John's, Dennis O'Keefe, has gone so far as to say, “If this continues, we'll end up being a colonial outpost — not of Ottawa, but of Halifax”. He further said, “Maybe it's happened [so] often, since 1949 with Confederation, that we're used to getting a kick in the rear end”. The final quote from the good mayor was, “I don't mind if we got our fair share, but we've never had our fair share of federal jobs in this province, period”.

There is no doubt that there is resentment in my home province toward the Government of Canada. Our fishery has been destroyed under Ottawa's watch. The federal presence in my province is but a faint shadow of the federal presence in other provinces. Not a single federal crown corporation is headquartered in my province.

There is resentment toward Ottawa, but there is particular resentment toward the Conservative Prime Minister who, to quote my people, “is no friend of Newfoundland and Labrador”.

Let me highlight some of the federal jobs that would be lost in my province as a result of the latest Conservative budget.

The Veterans Affairs office in Corner Brook will be gone. The Canada Border Services Agency is losing its director in my province. While the province of Newfoundland and Labrador is trying to build its cruise ship industry, the federal Conservatives are doing their best to stop it dead in the water. Border Services is also losing its only dog, trained to sniff out drugs and guns in Newfoundland and Labrador. Maybe we could get some psychics to step forward and volunteer their time.

Seafood inspection provided by the Food Inspection Agency will move to Prince Edward Island. I can see the sense in that, though. The federal Conservatives have written off the Newfoundland and Labrador fishery, so why not move food inspection to P.E.I.?

The St. John's food inspection lab is slated to close with transfers to other provinces. There are cuts to Marine Atlantic, which operates the Gulf of St. Lawrence ferry link, which will likely drive up the fares and the cost of everything. There are also cuts to Human Resources and Skills Development Canada, although not in the federal riding of Labrador, which a Conservative member represents. It is all good there for some reason.

Public Internet will be shut down at 96 provincial libraries around Newfoundland and Labrador. Parks Canada is also cutting back at national parks and historic sites in Newfoundland and Labrador. While the province of Newfoundland and Labrador spends millions of dollars on tourism campaigns to try to get Canadians and the world, to come to Newfoundland and Labrador, the Conservatives cut back on the amount of time the parks are open and they increase ferry rates. I do not get that.

Cuts to the federal Department of Fisheries and Oceans will amount to nearly $80 million by 2015. DFO is closing the marine rescue sub-centre in St. John's, transferring the jobs to Halifax and Ontario.

I do not know if all Canadians realize this, but Newfoundlanders and Labradorians have a unique dialect, a lot worse than mine and a lot better than mine. A skipper from outport Newfoundland, with seconds to send off a mayday before abandoning ship, may not be understood by a mainlander. That is the simple truth of it. Here is a quote from Merv Wiseman who works at the marine rescue sub-centre, and retires today. He said, “We know as professionals that people will die and we've expressed that view right on up the line, right up to the ministers themselves — to no avail”.

People will die. What could possibly be more important than the lives of our mariners? The answer is the dollar. The answer is a desire to stamp out a culture of defeat, as the Prime Minister has described us. I can tell the Prime Minister this. There is fight yet where I come from, and he will see that in 2015.

On a national level, the Conservatives are pushing through their plan to raise the eligibility age for old age pension and guaranteed income supplement to 67 from 65. That is not on with Newfoundlanders and Labradorians. They say that Canada is in danger of losing its soul. They say that Canada is in danger of losing her social programs that separate our great country from so many others. They do not like what they see in the Ottawa mirror. The Conservative face is a frightening face.

The budget implementation act will also see the word “habitat” removed from the Federal Fisheries Act. Let me quote from Otto Langer, a renowned fisheries scientists who came out against the changes to the act. More than 600 scientists actually came out against changes to the act. He said, “This proposed move by the Harper government is a travesty for our fishery resources and the health of the entire ecosystem and it ignores the needs of our future generations”.

A full one-third of Bill C-38 is dedicated to the gutting of environmental legislation and protection.

Again, Bill C-38 is an absolutely massive bill. What do the Conservatives do to ensure the debate is a healthy debate and in the best interests of the country they look after? The Conservatives limit debate and that is not good enough.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 12:20 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I would like to thank my hon. colleague for her comments and her question.

I would like to mention some of the organizations affected by these changes. The Auditor General will no longer examine the activities of the Canadian Food Inspection Agency, the Canadian Transportation Accident Investigation and Safety Board, or the Canadian Centre for Occupational Health and Safety. These are rather important organizations that look after Canadians' health, food and transportation.

We are very concerned that this government is attempting to undermine the transparency of Parliament. This also prevents us from doing our job, which is to provide oversight. The government is trying to destroy the tools we use to do that.

Bill C-38 disbands the Public Appointments Commission, which will significantly reduce the transparency of the public appointments process. This is very worrisome and is the reason why we will be voting against Bill C-38.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 12:20 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I had the honour of serving with my colleague on the Standing Committee on the Environment and Sustainable Development, so I know he is also familiar with these issues.

When we look at Bill C-38, we know that it would have numerous negative consequences for our fisheries. It would change the rules around fish habitat protection and the deposit of deleterious substances in fish bearing waters.

Having served on the environment committee, it has become clear to me that the government does not have a clear understanding of how biodiversity works. It does not have a clear understanding of the fact that we need to protect species of fish that are not necessarily fish that are exploited by fisheries, because these fish belong to an ecosystem that is interdependent among species. We see that there is not a lot of expertise on the government side on this issue.

We take issue with the fact that the bill would increase ministerial discretion when it comes to our fisheries and would give sweeping powers to the minister to transfer authority to the provinces or other bodies to allow for fisheries management. This is something that is of great concern to my constituents and to Canadians.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 12:10 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I am pleased to rise today to express the anger and frustration that I and many people in Rivière-des-Mille-Îles feel with the tabling of this budget implementation bill.

Bill C-38, the bill to implement the budget, is a profoundly illegitimate bill. The Prime Minister promised to govern on behalf of all Canadians after the last election. In fact, however, with this budget, we see that the Prime Minister is governing for oil companies and mining companies, not for taxpayers. He is not governing for working people, for families, for seniors, for veterans, for people who are unemployed, for farmers or for people who work in manufacturing industries.

I have also met with Aveos workers in my riding who are worried, because they have been laid off and have no way of supporting their families. They are outraged at the Conservative government’s track record since the last election, which amounts to a lot of back-to-work legislation but no support for working people and their families.

When it comes to providing unreasonable subsidies for big business, the government shows no hesitation, but when Canadian workers lose well-paid jobs, there is total silence from this government. We saw the same thing in the case of the Electro-Motive Diesel employees in London, Ontario.

There are other reasons why this budget concerns me, however. It is obvious that the Prime Minister's agenda was not laid out for Canadians. In the last election, the Conservatives were very careful not to tell voters that they would be taking their axe to the Environmental Assessment Act, that they would be going back on Canadians’ word on the Kyoto protocol, that they would be cutting employment insurance benefits and services to veterans, and especially that they would be pushing Canadians’ retirement age back two years.

How can the government claim to have the consent of the public when it concealed such fundamental aspects of its political agenda from them?

This brings me to another point: the government is adding insult to injury by including a series of provisions in the budget implementation bill that have nothing to do with the budget—provisions relating to the Kyoto protocol, environmental assessment, food safety, the powers of the Auditor General, assisted reproduction, oversight of the intelligence service and protection of fish habitat, to name just a few.

This bill can be described as containing everything but the kitchen sink. It is wholly improper for the government to include these provisions in a catch-all bill in the hope that it can slip them past parliamentarians unnoticed. This approach prevents parliamentarians from exercising the oversight that it is their job to exercise.

A modicum of decency would require that we split the bill to allow the Standing Committee on Finance to study the budget measures and other committees to study the measures contained in Bill C-38. The government refused this reasonable suggestion made by the official opposition. What does it have to hide?

Finally, in addition to short-circuiting Parliament by introducing an omnibus budget bill, the Conservatives have decided to steamroll Bill C-38 through. The government has used its majority to limit debate in the House to seven days.

Imagine. Just seven days to study a 431-page bill with 750 clauses that amend 70 laws. That is unprecedented.

Journalist Manon Cornellier called bill C-38 a mammoth budget. I do not know if she was referring to the size of the bill or the prehistoric nature of the measures it contains, but she is concerned, and with good reason, about how it will affect our democracy. I would like to quote her:

At this rate...the Conservatives will succeed in transforming Parliament into a theatre for political posturing. It will be a shadow of the democratic institution it is meant to be, a place where elected members are supposed to be the voice of the people. What a sorry spectacle.

I commissioned a poll of 100,000 constituents in the riding of Rivière-des-Mille-Îles and I can tell you that the main elements of the Conservative budget do not pass muster.

Some 73% of the population of Rivière-des-Mille-Îles opposes raising the retirement age from 65 to 67, and 60% believes that the spike in the costs of the old age security system will be offset by increased government revenues.

The people of Rivière-des-Mille-Îles are not fools. Like the Parliamentary Budget Officer and many economists, they know that the public pension system is viable and capable of dealing with the retirement of all the baby boomers.

In contrast to the provisions of this budget, which will reduce the benefits of thousands of unemployed workers, 50% of the residents of Rivière-des-Mille-Îles are calling for improvements to the employment insurance system. Finally, 75% of the people of Rivière-des-Mille-Îles condemn the withdrawal from the Kyoto protocol, as the government is proposing in Bill C-38.

This all clearly demonstrates that this budget and the budget implementation bill are completely out of touch with the priorities of the people of Rivière-des-Mille-Îles and that the Prime Minister can in no way claim to be governing on behalf of the people of Rivière-des-Mille-Îles.

What is most shocking about Bill C-38 is that this budget bill does not include any measures for job creation. Indeed, the only employment strategy included is the Conservatives' attempt to placate businesses by eliminating environmental protections. So what if we are jeopardizing our future by destroying the environment?

Bill C-38 is an unprecedented attack on the environment. It gets rid of the National Round Table on the Environment and the Economy, an organization responsible for advising the government on sustainable development. It also repeals the Kyoto Protocol Implementation Act, which required the federal government to comply with international greenhouse gas reduction targets and to report its progress.

If Bill C-38 is passed, the Canadian Environmental Assessment Act will be gutted. The public consultation process will be reduced to a rubber-stamping operation to satisfy gas, oil and mining companies. Cabinet will give itself the power to green-light projects even if the agency responsible for environmental assessment recommends that they not go ahead.

This bill gives the government the power to suppress charities, including environmental groups, that are too critical of the government. Bill C-38 is intended to silence the environmental movement.

On May 22, I was proud to be one of 400,000 Quebeckers who marched through the streets of Montreal to protest the backward environmental policies of this Prime Minister and his government. Clause 699, which repeals the Kyoto Protocol Implementation Act with no reason or explanation, is buried on page 401 of the bill now before us. That is insulting.

I would also like to take a few minutes to talk about automatic registration for the guaranteed income supplement. We know that 135,000 Canadians and 45,000 Quebeckers are entitled to the guaranteed income supplement, but they do not receive it because the government is not doing everything it can to reach them.

To remedy this problem that has been going on for years, I introduced a bill on March 15 to force the government to contact those who are entitled to this supplement. During the budget speech, we learned that the government was considering implementing a proactive enrolment system for old age security benefits and the guaranteed income supplement.

Clause 454 of Bill C-38 states that, from now on:

(3.1) The Minister may, in respect of a person, waive the requirement...for an application for payment of a supplement...if...the Minister is satisfied, based on information available to him or her under this Act, that the person is qualified under this section for the payment of a supplement.

I must say that I am disappointed by the very restrictive wording used. At first glance, it seems very limiting since it implies that Service Canada has to have a file on the people who may be eligible. That does not solve the problem for people whom Service Canada is unaware of but who are known by other departments, such as Revenue Canada or Citizenship and Immigration Canada.

In my opinion, the government's measures do not solve the problem of red tape needlessly imposed on those entitled to benefits. It may mean, for example, that the government will continue to require proof of marital status, when Revenue Canada already has that information.

I would like to summarize my ideas. I believe that the government, out of respect for Canadians and democratic institutions, should at least submit Bill C-38 to public debate and let the opposition do its job.

Bill C-38must be split to allow the appropriate committees to study it. For this reason, and others mentioned in my speech, I strongly oppose Bill C-38.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 12:05 p.m.
See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I wonder if my colleague has plowed deep down into Bill C-38 and realized the broad, sweeping implications that it has, implications that were never announced and about which there has been no consultation or even debate.

One that concerns me very much is the repeal of the Fair Wages and Hours of Labour Act for the construction industry. It used to be that this particular act maintained some level playing field between the unionized and the non-unionized sectors so that companies would win their jobs based on their merit, productivity, skill and competitiveness.

Now, with the elimination of—

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 11:50 a.m.
See context

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, it is a pleasure to be here this morning to deliver remarks on Bill C-38.

First and foremost, before we go into the detail of the bill, I would like to point out a couple of things. I would like to give deserved credit to the Minister of Finance. He has delivered budget after budget and has really, in the early years of our government, reduced taxes to put more dollars in the back pockets of hard-working Canadians, over $3,000 more for the average family income. In addition, the tax freedom day comes more than 20 days earlier than it did in 2005.

Certainly, in the early years of the government, we have made several initiatives to reduce the tax burden placed on Canadians and, as well, on Canadian corporations to reduce their costs and reinvest those dollars in people, plants and equipment.

In 2008-09, when we were facing severe economic downturn, our Minister of Finance was there to provide stimulus to the Canadian economy to get us through a very difficult time. As we look at where we are today, both in our economy and with our country's finances, we see we are in excellent shape relative to other industrialized developed nations.

Credit should definitely go to the Minister of Finance for putting us in the place we are and also for looking forward, in the near term, to a near balanced budget in 2014-15.

That really lays the context for where we are today and where we will be with budget 2012-13 as it applies to hard-working Canadian families. This budget is a balanced budget in the fact that it remains committed to transfers to the provinces in the form of transfers for health, in addition to social programs. These programs are the fabric of what makes us Canadians and what makes us unique relative to the rest of the world.

In addition to that, we have also made some tough choices to reduce our long-term operating expenses, $5 billion-plus in long-term ongoing reductions in operating costs, which will really set our country on a foundation of success for many years to come.

As we look to Europe and other developed nations that are facing massive deficits, debts and the fear of reduced credit ratings, we see that Canada remains in the elite position of having the top credit rating, which sets our country up for success in the future.

In addition, we have also made strategic investments for the future in research and development, science and innovation that will continue to push forward and lead our country into the rest of the century.

Getting into Bill C-38, I will highlight a couple of points that I think are good changes, good adjustments. The first one is a change to the registered disability savings program. This was a program that was brought in in 2008. It was tremendously popular, with more than 55,000 new accounts being opened and having dollars invested. In addition to that, our government has invested hundreds of millions of dollars in the form of grants into the registered disability savings program.

I should just mention that every three years this program is due for renewal and review. In 2011 a review was done and a report was tabled. The changes will be implemented in time. One of the issues that arose with the program is the issue around the disabled person who is actually unable to enter into a contract or is challenged to be competent to enter into a legal contract. This presented an issue.

Many provinces, where the jurisdiction lies for presuming somebody to be competent or not to enter into a contract, brought it into question. Many families were actually having to go the legal route to have a loved one deemed incompetent, which can be expensive and also heart-wrenching for the families.

Some provinces have worked to streamline this process to appoint what they would consider a trusted person, whether it be a spouse, friend, relative, son or daughter. The provinces have taken this initiative to streamline the process for the betterment of the disabled people as well as their family and loved ones.

British Columbia, Saskatchewan, Manitoba and Newfoundland and Labrador have all taken this initiative. I think we should tip our cap to them for doing it. My home province of Ontario has not done it to date, and I would encourage the McGuinty government to work hard to get that done so we can speed up the process to get the money into the accounts of these disabled people and set a better course and path for their future.

Another topic I would like to talk about rings true in the riding I represent, Huron—Bruce, which is likely one of the most beautiful ridings in Canada. There is no doubt about that. It has beautiful agriculture, rolling landscapes and Lake Huron. It is two and a half hours from the north to the south of the riding. It is very beautiful. There are streams, rivers and creeks that we all appreciate and use to kayak, canoe, fish or whatever one likes to do. However, one issue that has continued to rear its head for farmers and farm communities is the issue around municipal drains: building, implementing and cleaning out municipal drains.

We can go back a few years and look at all the different groups that would be involved with either cleaning out a municipal drain or building one. Members will remember that we changed the Navigable Waters Protection Act so that Transport Canada would not be involved as it had been in the past. However, the Department of Fisheries and Oceans would be involved as well as conservation authorities, engineers, contractors, drainage inspectors, quite likely the municipal or country roads officials and on and on. Members can see the litany of people and entities that were involved in either building or cleaning out a drain.

A couple of years ago, our government made adjustments to the Navigable Waters Protection Act so that farmers were no longer required to make a case that their ditch was not a navigable water in which one could take a kayak. That was a positive change that helped farmers. Now it is time to change the Fisheries Act, so we can make adjustments for farmers who are putting in or cleaning out their municipal drains.

This is an important change because when farmers make an investment to buy a piece of land they need to get it drained, if it is not already drained, so they can get their crops in and get the highest possible return on their investment. It is very critical and very important.

Another key point we need to look at in the history of this issue is that about 11 years ago conservation authorities signed agreements with the Department of Fisheries and Oceans to streamline this process. In my riding of Huron—Bruce, the Ausable Bayfield Conservation Authority and the Maitland Valley Conservation Authority signed such agreements. This has been refined and revised through the years to the point now where conservation authorities perform 96% of the functions. It only comes in at the very narrowest of areas that DFO is involved and its biologists are utilized. However, this 4% likely creates 99% of the delays and problems with putting a municipal drain in or even getting it cleaned out.

It should also be noted that in our area of Huron—Bruce, most municipal drains run dry around the end of May or the beginning of June. We do not see much water of any magnitude and certainly no aquatic life, no fish, at any point through this time.

This is a good change that is reducing red tape. I know that the farmers in our area are very happy about it, as well as the engineers. Conservation authorities are happy about it because it is taking out a layer that is very cumbersome to the process. I tip my cap to the Minister of Fisheries and Oceans for making this change and providing support to our farming community.

One last change I would like to talk about has to do with CMHC and the steps we have taken with covered bonds to protect our government and the insurance we provide for people who buy homes and enter into CMHC financing. This change would enable attaching a bond to a security to prevent what we saw in the United States with Fannie Mae and Freddie Mac. It is certainly a timely and well-received change.