Jobs and Growth Act, 2012

A second 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 implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) amends the rules relating to Registered Disability Savings Plans (RDSPs) by
(i) replacing the 10-year repayment rule applying to withdrawals with a proportional repayment rule,
(ii) allowing investment income earned in a Registered Education Savings Plan (RESP) to be transferred on a tax-free basis to the RESP beneficiary’s RDSP,
(iii) extending the period that RDSPs of beneficiaries who cease to qualify for the Disability Tax Credit may remain open in certain circumstances,
(iv) amending the rules relating to maximum and minimum withdrawals, and
(v) amending certain RDSP administrative rules;
(b) includes an employer’s contributions to a group sickness or accident insurance plan in an employee’s income in certain circumstances;
(c) amends the rules applicable to retirement compensation arrangements;
(d) amends the rules applicable to Employees Profit Sharing Plans;
(e) expands the eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of bioenergy equipment;
(f) phases out the Corporate Mineral Exploration and Development Tax Credit;
(g) phases out the Atlantic Investment Tax Credit for activities related to the oil and gas and mining sectors;
(h) provides that qualified property for the purposes of the Atlantic Investment Tax Credit will include certain electricity generation equipment and clean energy generation equipment used primarily in an eligible activity;
(i) amends the Scientific Research and Experimental Development (SR&ED) investment tax credit by
(i) reducing the general SR&ED investment tax credit rate from 20% to 15%,
(ii) reducing the prescribed proxy amount, which taxpayers use to claim SR&ED overhead expenditures, from 65% to 55% of the salaries and wages of employees who are engaged in SR&ED activities,
(iii) removing the profit element from arm’s length third-party contracts for the purpose of the calculation of SR&ED tax credits, and
(iv) removing capital from the base of eligible expenditures for the purpose of the calculation of SR&ED tax incentives;
(j) introduces rules to prevent the avoidance of corporate income tax through the use of partnerships to convert income gains into capital gains;
(k) clarifies that transfer pricing secondary adjustments are treated as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act;
(l) amends the thin capitalization rules by
(i) reducing the debt-to-equity ratio from 2:1 to 1.5:1,
(ii) extending the scope of the thin capitalization rules to debts of partnerships of which a Canadian-resident corporation is a member,
(iii) treating disallowed interest expense under the thin capitalization rules as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act, and
(iv) preventing double taxation in certain circumstances when a Canadian resident corporation borrows money from its controlled foreign affiliate;
(m) imposes, in certain circumstances, withholding tax under Part XIII of the Income Tax Act when a foreign-based multinational corporation transfers a foreign affiliate to its Canadian subsidiary, while preserving the ability of the Canadian subsidiary to undertake expansion of its Canadian business; and
(n) phases out the Overseas Employment Tax Credit.
Part 1 also implements other selected income tax measures. Most notably, it introduces tax rules to accommodate Pooled Registered Pension Plans and provides that income received from a retirement compensation arrangement is eligible for pension income splitting in certain circumstances.
Part 2 amends the Excise Tax Act and the Jobs and Economic Growth Act to implement rules applicable to the financial services sector in respect of the goods and services tax and harmonized sales tax (GST/HST). They include rules that allow certain financial institutions to obtain pre-approval from the Minister of National Revenue of methods used to determine their liability in respect of the provincial component of the HST, that require certain financial institutions to have fiscal years that are calendar years, that require group registration of financial institutions in certain cases and that provide for changes to a rebate of the provincial component of the HST to certain financial institutions that render services to clients that are outside the HST provinces. This Part also confirms the authority under which certain GST/HST regulations relating to financial institutions are made.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to provide the legislative authority to share with provinces and territories taxes in respect of specified investment flow-through (SIFT) entities — trusts or partnerships — under section 122.1 and Part IX.1 of the Income Tax Act, consistent with the federal government’s proposal on the introduction of those taxes. It also provides the legislative authority to share with provinces and territories the tax on excess EPSP amounts imposed under Part XI.4 of the Income Tax Act, consistent with the measures proposed in the March 29, 2012 budget. It also allows the Minister of Finance to request from the Minister of National Revenue information that is necessary for the administration of the sharing of taxes with the provinces and territories.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Jobs and Economic Growth Act as a result of amendments introduced in the Jobs, Growth and Long-term Prosperity Act to allow certain public sector investment pools to directly invest in a federally regulated financial institution.
Division 2 of Part 4 amends the Canada Shipping Act, 2001 to permit the incorporation by reference into regulations of all Canadian modifications to an international convention or industry standard that are also incorporated by reference into the regulations, by means of a mechanism similar to that used by many other maritime nations. It also provides for third parties acting on the Minister of Transport’s behalf to set fees for certain services that they provide in accordance with an agreement with that Minister.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, provide for a limited, automatic stay in respect of certain eligible financial contracts when a bridge institution is established. It also amends the Payment Clearing and Settlement Act to facilitate central clearing of standardized over-the-counter derivatives.
Division 4 of Part 4 amends the Fisheries Act to amend the prohibition against obstructing the passage of fish and to provide that certain amounts are to be paid into the Environmental Damages Fund. It also amends the Jobs, Growth and Long-term Prosperity Act to amend the definition of Aboriginal fishery and another prohibition relating to the passage of fish. Finally, it provides transitional provisions relating to authorizations issued under the Fisheries Act before certain amendments to that Act come into force.
Division 5 of Part 4 enacts the Bridge To Strengthen Trade Act, which excludes the application of certain Acts to the construction of a bridge that spans the Detroit River and other works and to their initial operator. That Act also establishes ancillary measures. It also amends the International Bridges and Tunnels Act.
Division 6 of Part 4 amends Schedule I to the Bretton Woods and Related Agreements Act to reflect changes made to the Articles of Agreement of the International Monetary Fund as a result of the 2010 Quota and Governance Reforms. The amendments pertain to the rules and regulations of the Fund’s Executive Board and complete the updating of that Act to reflect those reforms.
Division 7 of Part 4 amends the Canada Pension Plan to implement the results of the 2010-12 triennial review, most notably, to clarify that contributions for certain benefits must be made during the contributory period, to clarify how certain deductions are to be determined for the purpose of calculating average monthly pensionable earnings, to determine the minimum qualifying period for certain late applicants for a disability pension and to enhance the authority of the Review Tribunal and the Pension Appeals Board. It also amends the Department of Human Resources and Skills Development Act to enhance the authority of the Social Security Tribunal.
Division 8 of Part 4 amends the Indian Act to modify the voting and approval procedures in relation to proposed land designations.
Division 9 of Part 4 amends the Judges Act to implement the Government of Canada’s response to the report of the fourth Judicial Compensation and Benefits Commission regarding salary and benefits for federally appointed judges. It also amends that Act to shorten the period in which the Government of Canada must respond to a report of the Commission.
Division 10 of Part 4 amends the Canada Labour Code to
(a) simplify the calculation of holiday pay;
(b) set out the timelines for making certain complaints under Part III of that Act and the circumstances in which an inspector may suspend or reject such complaints;
(c) set limits on the period that may be covered by payment orders; and
(d) provide for a review mechanism for payment orders and notices of unfounded complaint.
Division 11 of Part 4 amends the Merchant Seamen Compensation Act to transfer the powers and duties of the Merchant Seamen Compensation Board to the Minister of Labour and to repeal provisions that are related to the Board. It also makes consequential amendments to other Acts.
Division 12 of Part 4 amends the Customs Act to strengthen and streamline procedures related to arrivals in Canada, to clarify the obligations of owners or operators of international transport installations to maintain port of entry facilities and to allow the Minister of Public Safety and Emergency Preparedness to require prescribed information about any person who is or is expected to be on board a conveyance.
Division 13 of Part 4 amends the Hazardous Materials Information Review Act to transfer the powers and functions of the Hazardous Materials Information Review Commission to the Minister of Health and to repeal provisions of that Act that are related to the Commission. It also makes consequential amendments to other Acts.
Division 14 of Part 4 amends the Agreement on Internal Trade Implementation Act to reflect changes made to Chapter 17 of the Agreement on Internal Trade. It provides primarily for the enforceability of orders to pay tariff costs and monetary penalties made under Chapter 17. It also repeals subsection 28(3) of the Crown Liability and Proceedings Act.
Division 15 of Part 4 amends the Employment Insurance Act to provide a temporary measure to refund a portion of employer premiums for small businesses. An employer whose premiums were $10,000 or less in 2011 will be refunded the increase in 2012 premiums over those paid in 2011, to a maximum of $1,000.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to provide for an electronic travel authorization and to provide that the User Fees Act does not apply to a fee for the provision of services in relation to an application for an electronic travel authorization.
Division 17 of Part 4 amends the Canada Mortgage and Housing Corporation Act to remove the age limit for persons from outside the federal public administration being appointed or continuing as President or as a director of the Corporation.
Division 18 of Part 4 amends the Navigable Waters Protection Act to limit that Act’s application to works in certain navigable waters that are set out in its schedule. It also amends that Act so that it can be deemed to apply to certain works in other navigable waters, with the approval of the Minister of Transport. In particular, it amends that Act to provide for an assessment process for certain works and to provide that works that are assessed as likely to substantially interfere with navigation require the Minister’s approval. It also amends that Act to provide for administrative monetary penalties and additional offences. Finally, it makes consequential and related amendments to other Acts.
Division 19 of Part 4 amends the Canada Grain Act to
(a) combine terminal elevators and transfer elevators into a single class of elevators called terminal elevators;
(b) replace the requirement that the operator of a licensed terminal elevator receiving grain cause that grain to be officially weighed and officially inspected by a requirement that the operator either weigh and inspect that grain or cause that grain to be weighed and inspected by a third party;
(c) provide for recourse if an operator does not weigh or inspect the grain, or cause it to be weighed or inspected;
(d) repeal the grain appeal tribunals;
(e) repeal the requirement for weigh-overs; and
(f) provide the Canadian Grain Commission with the power to make regulations or orders with respect to weighing and inspecting grain and the security that is to be obtained and maintained by licensees.
It also amends An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to Repeal the Grain Futures Act as well as other Acts, and includes transitional provisions.
Division 20 of Part 4 amends the International Interests in Mobile Equipment (aircraft equipment) Act and other Acts to modify the manner in which certain international obligations are implemented.
Division 21 of Part 4 makes technical amendments to the Canadian Environmental Assessment Act, 2012 and amends one of its transitional provisions to make that Act applicable to designated projects, as defined in that Act, for which an environmental assessment would have been required under the former Act.
Division 22 of Part 4 provides for the temporary suspension of the Canada Employment Insurance Financing Board Act and the dissolution of the Canada Employment Insurance Financing Board. Consequently, it enacts an interim Employment Insurance premium rate-setting regime under the Employment Insurance Act and makes amendments to the Canada Employment Insurance Financing Board Act, the Department of Human Resources and Skills Development Act, the Jobs, Growth and Long-term Prosperity Act and Schedule III to the Financial Administration Act.
Division 23 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act and makes consequential amendments to other Acts.
The Canadian Forces Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
The Public Service Superannuation Act is amended to provide that contributors pay no more than 50% of the current service cost of the pension plan. In addition, the pensionable age is raised from 60 to 65 in relation to persons who become contributors on or after January 1, 2013.
The Royal Canadian Mounted Police Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
Division 24 of Part 4 amends the Canada Revenue Agency Act to make section 112 of the Public Service Labour Relations Act applicable to the Canada Revenue Agency. That section makes entering into a collective agreement subject to the Governor in Council’s approval. The Division also amends the Canada Revenue Agency Act to require that the Agency have its negotiating mandate approved by the President of the Treasury Board and to require that it consult the President of the Treasury Board before determining certain other terms and conditions of employment for its employees.

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

Dec. 5, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2012 Passed That Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Schedule 1.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 515.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 464.
Dec. 4, 2012 Failed That Bill C-45, in Clause 437, be amended by deleting lines 25 to 34 on page 341.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 433.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 425.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 411.
Dec. 4, 2012 Failed That Bill C-45, in Clause 369, be amended by replacing lines 37 and 38 on page 313 with the following: “terminal elevator shall submit grain received into the elevator for an official weighing, in a manner authorized by the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 362, be amended by replacing line 16 on page 310 with the following: “provide a security, in the form of a bond, for the purpose of”
Dec. 4, 2012 Failed That Bill C-45, in Clause 358, be amended by replacing line 8 on page 309 with the following: “reinspection of the grain, to the grain appeal tribunal for the Division or the chief grain”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 351.
Dec. 4, 2012 Failed That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following: “(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: (2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 316.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 315.
Dec. 4, 2012 Failed That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.
Dec. 4, 2012 Failed That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following: “national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 308.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 307.
Dec. 4, 2012 Failed That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following: “9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”
Dec. 4, 2012 Failed That Bill C-45, in Clause 279, be amended (a) by replacing line 3 on page 265 with the following: “47. (1) The Minister may, following public consultation, designate any” (b) by replacing lines 8 to 15 on page 265 with the following: “specified in this Act, exercise the powers and perform the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following: “(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year. (4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it. (5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House. (6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 269.
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 264.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 233.
Dec. 4, 2012 Failed That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 219.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 206.
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 17 on page 208 the following: “(3) The exemption set out in subsection (1) applies if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of that construction, that the construction will not present a risk of net negative environmental impact.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 7 on page 208 the following: “(3) The exemptions set out in subsection (1) apply if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of the construction of the bridge, parkway or any related work, that the work, undertaking or activity ( a) will not impede navigation; ( b) will not cause destruction of fish or harmful alteration, disruption or destruction of fish habitat within the meaning of the Fisheries Act; and ( c) will not jeopardize the survival or recovery of a species listed in the Species at Risk Act.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 179.
Dec. 4, 2012 Failed That Bill C-45, in Clause 175, be amended by replacing lines 23 to 27 on page 204 with the following: “or any of its members in accordance with any treaty or land claims agreement or, consistent with inherent Aboriginal right, harvested by an Aboriginal organization or any of its members for traditional uses, including for food, social or ceremonial purposes;”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 173.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 166.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 156.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 99.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 22 on page 38 to line 11 on page 39 with the following: “scribed offshore region, and that is acquired after March 28, 2012, 10%.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by deleting line 14 on page 38 to line 11 on page 39.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 17 on page 35 with the following: “( a.1) 19% of the amount by which the”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 3.
Dec. 4, 2012 Failed That Bill C-45, in Clause 62, be amended by replacing line 26 on page 134 with the following: “( b) 65% multiplied by the proportion that”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by replacing line 3 on page 15 with the following: “before 2020, or”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by deleting lines 12 and 13 on page 14.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 1.
Dec. 3, 2012 Passed That, in relation to Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than five further hours shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and at the expiry of the time provided for the consideration at report stage and at fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of 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.
Oct. 30, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 25, 2012 Passed That, in relation to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than four 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 fourth 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.

The House resumed consideration of the motion that Bill C-45, A second 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.

Job and Growth Act, 2012Government Orders

October 25th, 2012 / 5:10 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I appreciate the opportunity to speak to Bill C-45. However, I admit that I am saddened by what the first omnibus bill did in the spring and by what this omnibus bill would do to the ability of the federal government to do what it is there for, which is to provide services for Canadians. They undermine the government's ability to do that.

I want to review what my colleague from Charlottetown outlined when he said that much of this bill, previous bills and previous policies by the current government will have and have had an impact on P.E.I. and the seasonal industries and, indeed, all of Canada, but specifically on Prince Edward Island. We are the only province without a passport office. We are the only province without a Citizenship and Immigration office, which the government closed. We are the only province that will not have a local office to serve veterans in person, as the government will close it. We are the only province that will have no CRA counter service because that minister who is from Prince Edward Island will close it. We also are a province that is being severely punished with changes to employment insurance, punishing our seasonal workers, our seasonal industries and our economy.

I see that the Minister of Agriculture and Agri-Food is here listening intensely. His actions recently in cutting AgriStability from 85% of the reference margin to 70% and cutting AgriInvest from 1.5% to 1% destroys the safety net for the farm community. His government has provided no assistance whatsoever for the hog industry, which is in serious trouble. We have lost researchers at the research station in both the potato industry and the grain industry, important to our number one industry, the agricultural industry. As well, we have had serious cost recovery fees at the Canadian Food Inspection Agency which affect our number one industry, which is potatoes.

I will read the notice to the potato industry on September 19 from the Canadian Food Inspection Agency. It reads:

The Canadian Food Inspection Agency (CFIA) will be phasing in user fees for potato cyst nematode...sample collection and analysis activities related to export certification of seed potatoes.

It is another instance of taking away services and downloading costs on to the primary producers in that particular case. It kind of makes one wonder where the regional minister from P.E.I. is because the services to Prince Edward Island have been decimated since 2006 when the present Prime Minister came into office.

However, let us look in general terms at Bill C-45 because we should mention some of the general areas where there is huge concern. It is a huge bill affecting some 60 pieces of legislation. This is a way for the government to take away the democratic right of Canadians to analyze each piece of legislation, to have a vote and to have their say on it. This bill rewrites the laws protecting Canada's waterway. It slashes tax credits for research and development and an investment tax credit that I once used myself on the farm. They are very good ways to invest and bring technology up. The government would cancel those measures. It would kill the investment tax credits in mining and in Atlantic Canada that have helped keep our economy strong.

Bill C-45 redefines aboriginal fisheries without even consulting the first nations community. The bill would eliminate the Hazardous Materials Information Review Commission. It corrects numerous mistakes in Bill C-38, including some relating to environmental assessment and fisheries. It also would suspend the EI financing board. It also would undermine the ability of the Canadian Grain Commission to do its job in this country.

We are seeing serious cuts to front line government services and a direct attack on those who require some kind of assistance. My colleague talked considerably about the changes that were made to employment insurance, such as the clawback while on claim and taking 50¢ on the dollar out of people's pockets who need it most. It is a change that did not need to be made and a change on which there was no consultation with employees or employers. It is a change that hurts our economy and our seasonal industries. It hurts them in four ways: first, the employees by leaving them less money; second, the employer who will have more difficulty finding employees; third, the economy; and fourth, it will cause problems because if a farmer, for instance, needs workers for a day and people say that they cannot work for half wages because the Government of Canada will claw back half their wages, then they will demand cash, and we do not want to get into that kind of an economy.

In fact, the minister of innovation and advanced learning for P.E.I. stated the following:

Our seasonal industries -- fishing, agriculture and tourism -- are the backbone of our economy.... We need the federal government to consider the strong seasonal nature of our province and work with us to ensure changes to the EI program do not negatively affect Islanders and our economy. Seasonal employees and employers are skilled workers who ensure our province's livelihood and they rely on employment insurance to bridge the gap between seasonal employment. Negatively impacting our seasonal workers and their employers will negatively impact our province as a whole.

That statement is absolutely true. With the actions of the government on employment insurance, this act should instead be called the drive people into poverty act. It likes simple names for acts and that is what it is doing in this case. The clawback is hurting people and now, after losing the five week pilot project, I do not know how people will to survive the consequences of that action. It is a serious problem and the government did not need to do it.

This bill follows on the spring omnibus bill, which went after old age security. It upped the age from 65 to 67. Now we know, with the information coming out, that the system was secure, as we said at the time. There is no real saving to the government as a result of that decision. Three one-hundredths of a per cent of the GDP of the country by 2030 is just a rounding error for the way the cabinet spends money. There were, as I said, changes to the Coastal Fisheries Protection Act in the spring which hurt services to Canada. There were changes to the environment and the National Energy Board, slashes at Parks Canada, and the cutting of the community access program. Those actions were done in the spring and now we have this, which will slash government services even more.

The last and most important point for Canadians is a quote from a report that was in the press on September 28. It states:

A new report from a federal spending watchdog concludes the Conservative government’s changes to health funding will ultimately download billions of dollars in medical costs annually to the provinces, something premiers and opposition parties say will erode public health care and provincial finances.

That is a hallmark of Canada's health care system and the government is cutting services to the public, downloading costs to provinces and not living up to its obligations as a federal government for the good of the country. It is a shame and the government should be ashamed of itself.

Job and Growth Act, 2012Government Orders

October 25th, 2012 / 5:05 p.m.
See context

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I ask for the unanimous consent of the House to move the following motion: “That, notwithstanding any Standing Order or usual practice of the House, clauses 9, 27, 28 and 62 to 64 related to the scientific research and experimental development tax credit be removed from Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and that these clauses do compose Bill C-47; that Bill C-47 be entitled Income Tax Act and Related Regulations; that Bill C-47 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 Industry, Science and Technology; that Bill C-45 retain the status on the order paper that it had prior to the adoption of this order; that Bill C-45 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 moving this motion to ensure that some parts of Bill C-45 are properly examined by the respective committees. We are of the opinion that the Standing Committee on Industry, Science and Technology is in the best position to examine these specific provisions of the legislation.

Job and Growth Act, 2012Government Orders

October 25th, 2012 / 4:20 p.m.
See context

Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I will be splitting my time with the great member of Parliament for Vegreville—Wainwright.

It is an honour to rise before the House and speak in support of Bill C-45, the jobs and growth act, 2012. I am fairly certain that when it comes to budgets and this opposition, the criticism is either going to be that the budget is empty or, in this case, that it proposes too much.

Let us think about this for a moment. The opposition's single greatest criticism to date has been that our government's economic action plan tries to do too much. Today our country is facing one of the most challenging economic environments in history and the greatest criticism from the opposition is that our government is trying to do too much in response to these economic crises.

I find the position of the opposition troubling. The opposition believes we should do less in this budget. While I respect that the opposition prefers a more simplistic tax-and-spend approach to the economy, our government believes in a more balanced approach that recognizes the need to actually grow the economy.

How do we do this? More importantly, how does Bill C-45 enable us to accomplish this goal? The reason why Bill C-45 is called the jobs and growth act is because that is precisely what the bill promotes, jobs and economic growth. That is good news for the citizens of Okanagan—Coquihalla, who will benefit greatly from the implementation of the bill.

Rather than engage in the current opposition debate that has been largely based on what word appears where and how many pages we can count, I would prefer to focus on the actual content and provide an example from my riding that illustrates one of the many reasons why I will be supporting the bill.

Before I begin, I would like to add that earlier this week and again today, we heard the opposition member for Halifax suggest the Navigable Waters Protection Act was about protecting the environment. I have read the act and this claim is patently false. The intent of the act is clear. It says, “No work shall be built or placed in, on, over, under, through or across any navigable water” that would interfere with navigation.

I raise this point as I believe we should be debating the true intent of the act as it relates to Bill C-45. If members have ever had the opportunity to visit my riding of Okanagan—Coquihalla, in particular the community of Penticton, they would know that one of the most popular summer activities is floating down the Okanagan River channel. In fact, hundreds of thousands of people who have visited Penticton have taken part in the annual summer ritual of floating down the channel with friends and family alike.

I would also like to add that this is one of the most successful aboriginal-owned businesses in my region. How is this possible? It is possible because back in the 1950s, the governments of the day constructed a huge concrete dam at the north entrance to this waterway as a flood control measure. There are also three low-level bridges that span the same channel for vehicle crossings and one pedestrian bridge for a local golf course.

In short, unless one owns an inner tube, this waterway has not been navigable for many decades now and yet it is still subject to the Navigable Waters Protection Act. To be clear, for over 50 years, this waterway has not been navigable and yet it is still subject to the Navigable Waters Protection Act. Only to the opposition does this make sense.

It excites me greatly that this body of water will finally be exempt from the Navigable Waters Protection Act as proposed in Bill C-45. Allow me to share my enthusiasm for the reasons why this is important to my riding.

The Penticton Indian Band has been working on a large-scale commercial development on the west side of the waterway for close to a decade now. This is a critically important economic development project for the band. This development will create much needed employment for members of the Penticton Indian Band. It would also provide much needed tax revenues for the improvements. There is only one problem. In order to access this development, the Penticton Indian Band will need to construct a bridge across this very same Okanagan River crossing.

Building a bridge between two communities is no easy task. Aside from the estimated $7 million in construction costs, there are traffic engineering reports and records. Approvals must be sought from the B.C. Ministry of the Environment, the Ministry of Transportation, Aboriginal Affairs and Northern Development Canada, the Department of Fisheries and Oceans Canada and the B.C. Ministry for Aboriginal Affairs. Even the B.C. Attorney General's office is involved.

Anytime we hear an allegation that rules around the environment have been gutted, I can assure members of the House that there is no shortage of environmental approvals or government regulation involved in these processes. However, the Navigable Waters Protection Act is not and should not be one of them.

I am certain all members of the House can imagine the immense frustration of having to deal with no fewer than seven different government agencies, eight, if we include the adjacent municipality. After all of these challenges and hurdles, one must then comply with the demands of the Navigable Waters Protection Act even though the waterway in question has not been navigable for many decades. In fact, the last time this waterway was used for actual navigation was in 1917, which is almost 100 years ago.

Things have greatly changed over the past 100 years. Updating the Navigable Waters Protection Act, as I have just demonstrated, is not just important for the creation of jobs and economic growth in Okanagan—Coquihalla, it also reflects the reality of modern-day infrastructure needs.

Where there are still legitimate navigation needs on the water for economic development, they will continue to be protected. However, when there are waterways that have ceased to be navigable for the purposes originally defined under the act, let us apply common sense. That is exactly what Bill C-45 proposes.

This is only one example of many that I could share with the House in support of the jobs and growth act, 2012, and how it would benefit my riding of Okanagan—Coquihalla. I felt it important to illustrate a real-world example of why it is important to have a budget that promotes a balanced and comprehensive approach to creating jobs and supporting our local economies.

Before I close, I would like to take a moment to thank the members of the House for their patience in hearing my comments today. This project is very important for the Penticton Indian Band. Removing this decades-old roadblock would help to speed this project along.

I would also like to take a moment to formally congratulate Chief Jonathan Kruger, who was re-elected to another term of office as the chief of the Penticton Indian Band yesterday.

Chief Kruger was very receptive to hearing that we have proposed changes to other things in the budget implementation act such as the land designation process, particularly in regard to streamlining the government's own process for moving the Penticton Indian Band's community vision and economic development forward once they have come to a democratic decision.

I look forward to continuing to work with Chief Jonathan Kruger in getting this and other important projects moving forward with the help of Bill C-45.

Job and Growth Act, 2012Government Orders

October 25th, 2012 / 4:05 p.m.
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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I thank the member for Sudbury. With or without hair, he is the best MP ever elected in the history of Sudbury and he has a long career ahead of him.

I rise to speak to the government's second drive-by omnibus bill. I sincerely regret missing the speech from my leader, the Leader of the Opposition yesterday. I was in committee. From all reports and from reading the speech myself, I expected to see some yellow tape around the chamber today for what happened here. As I read my leader's speech, I recognized the theft of leadership from the Conservative Prime Minister and cabinet who have failed Canada and who are failing Canadians.

We have an official opposition that is laying out a real alternative vision for the country, one that protects our social safety net, one that offers real protection for food security, one that will not abandon our seniors or our military veterans and one that will lead to good-paying jobs.

I guess I thought I would see yellow tape around here today because the government is now seeing a real assault on all the wrong priorities it has. It favours its friends and the privileged minority who are well off. I also see an all out outbreak on the government's self-serving agenda and the beginning of real debate for our country on its future, on its choices, on sustainable development and on so much more.

I only have 10 minutes to highlight a few of those choices and where we as New Democrats differ fundamentally from the government and its ideology. I have but a few minutes to highlight why those voters in Durham, Calgary Centre and in Victoria, in their by-elections, have the first chance to reject this agenda that has so undermined our country's greatness and our potential for even more.

Budgets are about choices and priorities. I know that, having served for almost four years as a Rayside-Balfour town councillor outside of Sudbury. I know that from working 34 years at Inco mines. I know the value of good-paying jobs and what those jobs do for communities in Nickel Belt.

To set the context for my remarks, I will share some comments from constituents in Nickel Belt about their priorities. I asked them what they would do if they were prime minister. It is clear that they are not drinking the Kool-Aid that the Prime Minister serves his caucus.

They propose: reducing taxes for low income families with children, which would help Canada's economy; redirecting tax dollars to fund only essential services such as health care, education and basic infrastructure; building an oil pipeline from Alberta to eastern Canada, thereby creating numerous jobs and opportunities for everyone; keeping our scientists at work and our stations open; not selling off Canadian oil sands companies to Chinese state-owned companies—we do not need that type of company in Canada; eliminating the two-week waiting period for EI applicants—the bills do not stop for two weeks, nor do a person’s daily necessities; making sure that our pensions are secure; and bringing prices down for houses and cars.

I referred to the speech of the Leader of the Opposition. One thing I have noticed about my new leader is that he very much subscribes to the belief of our former leader, Jack Layton, that politics has to be more than opposition. It has to be proposition.

Canadians may reject a party, as they will do with the governing party, but they also want a reason for voting for a party, as they will do for the New Democrats in the next election.

We are here not only to say what is wrong with the budget but to say what we would do. The NDP will always be proud to stand up for transparency and accountability. We will always stand up for environmental protection. We will always stand up for retirement security and health care.

Last spring, the New Democrats did what the Conservative government refused to do. We went out and listened to Canadians about the budget bill.

The NDP promises to work transparently, to be accountable and to promote democratic consultation. We will urge the government to ensure that the relevant parts of Bill C-45 will be debated in the appropriate committees and that this bill can be thoroughly examined.

I know my leader also mentioned commentary by veteran economist and writer, David Crane. Speaking about Canada's abundant resources, this economist said that they are important but not enough. Canada needs a well-diversified economy, both in its sources of economic growth and its markets. These are his important words:

Ignoring the need for a vibrant advanced manufacturing industry and high-value knowledge-based services, as well as a resource sector that upgrades it output in Canada, is a recipe for disaster.

The NDP also wants to build a fair Canada. A country as rich as Canada is capable of paying for decent working conditions, and that is part of what an NDP government would bring.

Over my lifetime in the workplace, I have seen that Canada is losing that balanced economy that we had built up over decades, that being a strong and vibrant resource sector but also a primary sector that includes agriculture, the fisheries, a diverse and strong manufacturing sector and, of course, a service sector. This is where the Conservatives' claim to be good managers of the economy does not add up.

Let us do the math. Since the Conservatives came to power we have lost hundreds of thousands of good-paying manufacturing jobs, jobs that came with enough of a salary for a family to live on and often enough with a decent pension. Now these economic mismanagers like to crow about job creation, which is only part-time precarious work in the service sector and, more important, with no pensions.

We are also leaving a social debt because who will pick up the tab when those people retire without enough to live on? It will be our children and our children's children. If we allow the Conservatives to continue, we will become the first generation in Canadian history to leave less to the next generation than we ourselves received.

Under Tommy Douglas, the NDP was responsible for bringing free universal public portable and accessible medical care to our country. It is wrong to make fiscal choices that have Canadians choosing between having a sick child seen by a doctor and being able to put groceries on the table. Surely we can agree on this and come to a consensus that we do not want an American-style system.

This economic mismanagement by the government is harming Canada.

When we reduce the government's fiscal capacity and introduce service cuts we cannot grow the economy. We see these service cuts in northern Ontario. The Government of Canada increasingly is missing in action with cuts to front line staff, cuts to IT and cuts to online services.

We see Service Canada jobs disappearing in the north, the Government of Canada immigration offices closing and MPs stepping in to offer government services. We see the increasing burden on civil society and charities to feed the vulnerable and look after people facing serious life challenges to their health and well-being.

I will now move to the choices the Conservatives have made in this budget. They have spent tens of millions on propaganda advertising while telling Canadians the cupboard is bare for money for EI or OAS.

They are eliminating the Hazardous Material Information Review Commission that helps protect workers from hazardous materials in the workplace. That is not something the Conservatives talked about in the budget. It will have an effect on the lives of workers and we will fight it every step of the way.

They are dissolving the Canada-EI financing board, leaving the employment insurance account $9 billion in deficit. Do members remember that phantom agency?

They are scrapping the Experimental Lakes Area, which is the only place on the planet Earth where whole lake ecosystems can be studied.

They are cutting $47 million to food safety, over $100 million to air safety and making cuts to marine search and rescue centres. We are talking about services that literally save lives and the Conservatives are making cuts to them.

It is enough. The government is mismanaging the economy. We cannot support its choices or priorities for so few Canadians. We will work hard to oppose its vision and propose--

October 25th, 2012 / 4:05 p.m.
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Robert Blakely Chief Operating Officer, Canadian Office, Building and Construction Trades Department, AFL-CIO

Thank you, sir.

Thank you very much for this opportunity.

I'm one of the 500,000 men and women who make their living in one of Canada's biggest and most important industries, the building and construction trades. Shortly put, we build the nation.

We've had a number of fairly important and I think shared concerns with the current Government of Canada dealing with energy, pipelines, nuclear, natural resource extraction, and looking after Canadian veterans. We've been a pretty reliable partner on that with industry and with government.

We would like to build a stronger Canada. What we said we were going to do on that subject with you, we have done. We have done it through regulatory reform, through the pipeline debates, and through Bill C-45. We think the current private member's bill will make a lot of our members question why we would bother to try to work with the Government of Canada. I'm here to ask you not to make a mistake.

We're about putting people to work. What's at stake here is the use of the taxation power of the Government of Canada to punish a perceived enemy that a number of people think has never supported us since Confederation.

Let me put the argument on a higher plane. If the dues paid by a union member are moneys deducted from income prior to tax being paid, then union dues are taxpayer-funded. This premise is wrong, both in law and in logic: the union member gets the tax break, not the union, but let me indulge this for a moment without conceding the point.

If the public policy principle is that if the taxpayer funds it, then the taxpayer gets to know about it, look at your own return when you file it. Line 212 of the income tax return provides for annual union, professional, or like dues. They may be deducted in order to calculate net income. This should apply to doctors, lawyers, veterinarians, engineers, human resource professionals, and a host more, because those sorts of organizations are funded by tax dollars. If they are funded by tax dollars, why would they not be required to disclose, if this is solid public policy?

There are thousands of employer organizations in this country. There are thousands of other not-for-profit, industry-based advocacy organizations that are funded by dues deducted from pre-tax income of corporate Canada. This must of course mean that they are funded by tax dollars. If it is sound public policy to require unions to disclose, why would they not be required to disclose?

The mother of all tax breaks is the 75% of the first $350 we get from our political donations, and that is actually a tax credit for tax paid. The mandate of political parties is to nominate candidates, to set out platforms, to elect leaders—one of whom will eventually become the prime minister of the country—and to affect the country. If political parties are funded by tax dollars, are they required to disclose? The answer is yes, but it is a simple financial statement. There is no breakdown. It is all aggregated data. There is nothing that will tell you what someone has done.

Job and Growth Act, 2012Government Orders

October 25th, 2012 / 3:50 p.m.
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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I will be splitting my time with my hon. colleague, the member for Nickel Belt, the great riding that surrounds my great riding.

I am proud to rise in the House today to debunk the Conservative spin machine about the myths which members of the governing party have been reciting verbatim in their talking points on the government's second massive omnibus budget implementation bill that has been presented this year.

No, this is not The Matrix, but I think I am having a case of déjà vu as yet again parliamentarians have been presented with another massive omnibus bill that would make amendments to a wide range of acts often unrelated to one another and many having no place whatsoever in a budget bill.

The Conservatives clearly have not learned the lesson, which their own backbenchers like the member for Kootenay—Columbia highlighted in a meeting with his constituents on omnibus budget one back in the spring, namely, that Canadians do not approve of the Conservative approach of ramming legislation through Parliament without allowing Canadians and MPs to thoroughly examine it.

New Democrats understand this and, in our role as official opposition, we will not let Conservatives quietly pass this new omnibus legislation.

Canadians deserve better. They deserve transparency. They deserve a government that understands their priorities. They deserve a government that does not place the gutting of environmental protections over job creation. Come 2015, Canadians will get the government they deserve when they elect New Democrats from coast to coast to coast to govern, to increase transparency and prosperity for all Canadians.

The Conservative spin machine would like Canadians to believe that the second budget implementation act would lead to widespread job creation across the country. However, in spite of the ironic name of the bill, the jobs and growth act, the bill lacks significant measures to create jobs and stimulate long-term growth in the Canadian economy.

In fact, while the Conservative's PMO-supplied talking points claim that budget 2012 centres on job creation, Canada's Parliamentary Budget Officer has indicated that the budget would cost 43,000 Canadians their jobs. Moreover, the budget itself forecasts a real rise in unemployment. So much for the self-created myth that the bill will lead to job creation.

The main policy prescription contained in Bill C-45 to stimulate job creation is the extension of the small business tax credit for new hires. This temporary measure offers a tax refund for small business employers on a portion equal to about $1,000 maximum of the employer's contribution to EI premiums, if the employer's EI premiums, which were $10,000 or less in 2011, and are greater in 2012.

While New Democrats support this measure, it is very limited and only gives employers a maximum of $1,000 in credits on their new EI employer payments. To make matters worse, it is only applicable in 2012.

Further, because the extension of this tax credit was not presented in the first budget implementation act, but rather was deferred until this fall session, small businesses were not able to plan for this measure for 2012, as the timing of this measure's introduction may come too late in the year for businesses to begin the planning necessary to take advantage of this tax credit.

As the Conservative's spin machine has taken a liking to referencing the NDP's 2012 election platform, let me use this opportunity to highlight that the New Democrats proposed a similar yet far more robust job creation tax credit, which can be found on page 8 of the party's platform.

The New Democrats proposed the introduction of a job creation tax credit that would provide up to $4,500 per new hire. Under the New Democrat's plan, employers would receive a one year rebate on the contributions for the Canada pension plan and Employment Insurance premiums for each new employee hired.

Further, companies and organizations that keep a new employee for 12 months or more, would have been eligible for a retention bonus, a $1,000 non-refundable tax credit. At the time of its presentation, independent analysis determined that this initiative would have helped create approximately 200,000 family-supporting jobs a year. Certainly this more expansive tax credit would be more beneficial than the meagre job creation strategy contained in budget 2012. If my math is right, this plan would create 243,000 more jobs than budget 2012 would, as the budget would directly result in the net loss of 43,000. That is some job creation strategy the PMO has cooked up.

Let me now use an on the ground example of how budget 2012 is having a negative effect on job creation in my riding of Sudbury, and I am certain in communities right across our great country. With budget 2012, there was a specific element designed to “streamline” government services. However, this streamlining was really just an exercise in slashing, cutting and burning with what had been effective programs provided by government to serve the needs of businesses both small and large in my community and in communities across our country.

For example, the closure of the regional Citizenship and Immigration office serves as a prime example of this ideological drive to cut back on these important services. The shuttering of Sudbury's office deprives my region of vital service which cannot be replaced by online services. In fact, there are a number of functions that are mandatory and have to be carried out in person, such as immigration interviews and citizenship exams. Depriving my region of immigration offices means that these interviews have to be carried out in southern Ontario, adding a burden for both employer and employee, while making it less likely that people will choose northern Ontario for sectors that require skilled workers and skilled immigration.

Moreover, cuts at Service Canada has businesses of all sizes waiting 14 weeks, which used to be two weeks, for labour market opinions, a dramatic increase in that traditional processing time of two weeks. As a result, some of Sudbury's business owners are now forgoing expansion because of this extra unneeded hassle.

I am not the only one in my community sounding the alarm bells over these cuts. According to the president of the Greater Sudbury Chamber of Commerce, skilled labour remains vital to the success of the local industry and it is a really big issue for its members. He said, “They cannot find sufficient skilled labour locally and are looking nationally and internationally for those workers”.

These examples are illustrative of how the PMO's ideological crusade against government services are having an adverse effect on local industry and the competitiveness of Canadian business, further debunking the Conservative spin that budget 2012 will result in robust job creation.

Ultimately this begs this question. Why is the government stifling economic growth, curbing job growth and putting the long-term health of Canada's economy at risk with reckless cuts contained in budget 2012?

I will close by reinforcing the notion that the New Democrats will always be proud to stand up for transparency and accountability. We will always stand up for sound economic policies which promote job creation and economic prosperity for all. We will always stand up for environmental protection. Finally, we will always stand up for retirement security and health care.

October 25th, 2012 / 3:40 p.m.
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Liberal

Denis Coderre Liberal Bourassa, QC

Unless I am mistaken, we are taking what Mr. Jean read and adding the following to it:

That the Standing Committee on Justice and Human Rights conduct a study on the subject matter of the section of Bill C-45, A second 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 9, the Judges Act, and report of its findings to the House no later than Monday, November 5.

If I am not mistaken, this is what people want to vote secretly on.

October 25th, 2012 / 3:30 p.m.
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Conservative

Kerry-Lynne Findlay Conservative Delta—Richmond East, BC

Thank you.

As Mr. Coderre may know, the Parliamentary Secretary to the Minister of Finance made a statement in the House yesterday that expressed our government's willingness to send various parts of the budget implementation act to the appropriate committees following the completion of second reading debate. As a result, I can say that the government members on this side of the table support the idea of having division 9 of part 4 of Bill C-45 studied at this committee.

However, it is our view that it is premature to pass any motions to this effect, because the bill is still at second reading in the House of Commons. I therefore encourage my honourable colleagues to support Bill C-45 at second reading so its various parts can be studied at the appropriate committee. Once the bill has passed second reading, our committee can collectively discuss how and when division 9 of part 4 shall be studied. As I say, we would support it at that time, but not now.

October 25th, 2012 / 3:30 p.m.
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Liberal

Denis Coderre Liberal Bourassa, QC

I would like to move the following motion:

That the Standing Committee on Justice and Human Rights conduct a study on the subject matter of the section of Bill C-45, A second 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 9, the Judges Act, and report of its findings to the House no later than Monday, November 5.

I call for a recorded division, if I may.

The House resumed consideration of the motion that Bill C-45, A second 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.

Business of the HouseOral Questions

October 25th, 2012 / 3:20 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 did want to be in accord with the official opposition and NDP House leader. However, my disappointment was that before we started debate on Bill C-45, what we first encountered was a delay tactic in the form of a concurrence motion brought by the Liberal Party. Indeed, that was very disappointing to us and a surprise because Bill C-45 is important. It is the government's top legislative priority for this fall. All parties know that. He is quite right that I did want to see it debated in substance in the House rather than see those kinds of tactics to avoid debate.

Bill C-45's measures will further Canada's economic recovery and ensure the foundation for more good-quality jobs on top of the over 820,000 net new jobs we have already had. It includes an extension of the highly successful small business hiring credit that is directly helping Canadian entrepreneurs create new jobs.

Unfortunately, we have seen the NDP take an anti-job creation position. Believe it or not, the NDP finance critic actually dismissed the hiring credit as yet again another across-the-board cut for small businesses.

We want to see taxes lowered. We do not want to see higher taxes or an NDP carbon tax. That is why we have a budget bill that keeps those taxes low.

I am pleased to say that we will be voting on C-45 on Tuesday night at second reading, which will give us the opportunity to send it to the finance committee for consideration. The parliamentary secretary for finance has made it clear that she will ask the finance committee to ask, I believe, 10 other committees to study elements of the bill and potentially make recommendations with respect to changes or adopt its contents. The opposition and government members are free to make amendments at committee based on their own study as well as on the studies of those other committees. Therefore, there will be ample study of the bill and that is good for all.

Bill C-45 will continue to be debated this afternoon, tomorrow, Monday, and Tuesday. As I said, the vote on the bill will take place on Tuesday evening.

On Wednesday, we will take up report stage—and, hopefully, third reading—of Bill C-28, the Financial Literacy Leader Act. Should we be able to make quick work of that debate, the House will take up Bill C-12, the Safeguarding Canadians' Personal Information Act, at second reading.

On Thursday morning, the House will consider second reading of Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act. And, after question period, we will turn to Bill S-8, the Safe Drinking Water for First Nations Act, also at second reading.

Finally, on Friday, we will start report stage of Bill C-24, the Canada–Panama Economic Growth and Prosperity Act. This bill would implement our free trade agreement with the Republic of Panama—an agreement whose time has long come. In fact, when I was the public safety minister, I was honoured to be present when the Prime Minister concluded negotiations in Panama City, some 38 months ago.

Business of the HouseOral Questions

October 25th, 2012 / 3:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, it is with some irony that I rise and enter the debate on what is coming next after we had a description of a point of privilege and a monkey-wrench tactic that the Conservatives somehow surprisingly feel okay and comfortable with.

I will quote the hon. House leader from across the way on the last Thursday question response. When talking about what was coming next, he stated:

I look forward to a vigorous policy debate on the economy and not on procedural games.

One would have thought that a week or more would have passed before that particular statement would prove to be false. We know that for their own part the Liberals chose some procedural games as we began to engage on the debate around Bill C-45, the second omnibus bill, the second budget implementation act. Some have called it ominous and some have called it some other names.

We on this side of the House have personally and privately assured the House leader for the Conservatives that we are committed to a procedural-free exercise so that we can have a fulsome debate on all of the problems that we see in Bill C-45. We expected the government to make some initial commitments to that. We then saw the invocation of time allocation today, which is a method that the government has grown very addicted to for shutting down the debate.

My two questions for the hon. House leader across the way are very specific.

First, can we expect to see more of these procedural underminings of the democratic process when dealing with this second omnibus bill, be it in the House or when the bill is sent to the committees?

Second, is the government willing and open to the consideration, now that it has separated the bill into its component parts for sending to these various committees, of opening those committees in their capacity and ability to actually affect the legislation they are studying?

What Canadians will quickly see is that the government has cynically agreed to separate this huge 450-page bill into some pieces for the committees to study, but those committees cannot actually affect the bill they are studying. What kind of a situation is that for members of Parliament or committees? It is a “look but do not touch” policy that is coming from the Conservative government and one that will not allow MPs to do their jobs.

All MPs from all sides should be interested in this question. The ability to hold government to account remains a central and critical role for members of Parliament from all sides, including the Conservatives, who last time expressed some lament at having brought in and passed such a massive bill.

Therefore, will the government commit to no more of these procedural tactics to shut down debate, be it here, at committee stage or further stages of this bill so that Canadians can finally get a look at what the government is trying to do to them and MPs can do their jobs?

Will the government be open to the suggestion that, now that it has divided up the bill into its proper topics for various committees to study, that those committees actually do more than study and do the job that every committee has always done with every piece of legislation throughout parliamentary history, which is to be able to affect and improve it and correct the errors that are inherent in any piece of legislation, particularly one coming from the current government?

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:50 p.m.
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Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, I will be splitting my time with the member for Prince Albert on this very important debate that we are undertaking today on Bill C-45, which is the second half of the budget implementation act. It is part of the budget that was introduced on March 29 of this year by our Minister of Finance.

I will begin by talking about one of my favourite movies, The Candidate, starring Robert Redford. Robert Redford was a democratic candidate running for the U.S. Senate in California. When he was picked to run, he was way down in the polls and was not expected to win. He was supposed to be a sacrificial candidate. What happened though at the end of the movie is that he wins. In the very last scene, he and his political consultant were in a hotel room and Robert looks across the room and mouths to his consultant, “What do we do now?”

We knew exactly what to do on May 2, 2011, when our Prime Minister led us to a strong, stable, national Conservative majority government. We did not have to ask what do we do now.

Success does not come by chance. Success is a matter of making the right choices, which our Prime Minister and our finance minister who has been declared the best finance minister in the world by his colleagues, did. The right choices is about building bridges to the future. We are building those bridges. We are not destroying bridges, like the NDP and the Liberals. We are looking forward, not backwards.

The New Democratic Party is a really misnomer. It should be called the old democratic party because it wants to take us back to the old spend-and-tax—

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:35 p.m.
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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I am in the habit of beginning my speeches by saying I am extremely happy to speak to a bill. In this case, however, with a time allocation motion having been moved, I have to say I am extremely disappointed for my colleagues who would also have liked to make the voices of their constituents heard in this House and who will be unable to do so. It is extremely disappointing to see that for at least the 20th time, time is being limited, and for a bill as gargantuan as this. It is simply scandalous. I am therefore extremely disappointed to be debating a bill that I would also describe as antidemocratic for the two reasons I have just mentioned.

Bill C-45 is the second omnibus bill introduced by the government this year—the second bill of this kind in less than seven months. This is certainly a record. At nearly 450 pages long, this is their second titanic bill. We have to ask ourselves whether the government has an iota of respect for democracy and parliamentary procedure. The answer is self-evident: no, it does not.

Why do I say this bill is antidemocratic? Because Bill C-45 is again going to amend over 40 different statutes, in addition to creating a new one. As was the case for Bill C-38, the various pieces of legislation this bill contains have nothing to do with one another. The bill will amend the Navigable Waters Protection Act, the Pension Act, the Employment Insurance Act, the Canada Grain Act, and more.

That is why, since the beginning, we have been calling for this bill to be split into several parts, as the leader of the official opposition proposed. The government quite simply has an obligation to agree to that proposal and refer the bill to 13 different committees, so that each of the parts that relate to each committee can be examined effectively and the committees can be allowed to hear the appropriate experts. This an obligation to which the government should be held, in view of that suggestion. The parliamentarians on those committees must also be allowed to present the amendments that are needed to make this bill acceptable.

The government prefers to bundle all these legislative changes into a single bill that will be examined by a single committee and ultimately submitted to a single vote. This is a farce; it is contempt for parliamentary democracy. This is the same thing that happened when the government forced its elephantine bill through Parliament: it is allowing us no opportunity for a thorough examination. The government is preventing the opposition from doing its job, which is to oversee the work on government bills. Instead of showing Canadians that a Conservative government has to be transparent and accountable, the Conservatives have decided to do the exact opposite. What they are proving, as I said, is the extent to which they hold parliamentary democracy in total contempt.

The Conservatives moved a time allocation motion this morning. I do not know how many they have now made since the beginning of this Parliament; I have simply stopped counting. If it were up to them, they would fax the bills to our offices and we would show up here two or three times a year to vote two or three times on a few bills, without examining them adequately. This is quite simply scandalous. Transparency and accountability, to this government, simply do not exist. They seem to be allergic to those concepts. They simply do not want to hear about it.

The Conservatives are introducing a bill like this to have hundreds of changes enacted, changes that I would describe as completely radical, without consulting Canadians—and yet consultation with voters and accountability of the government to the House that represents them are two of the fundamental principles of our parliamentary democracy.

We are not the only ones who think the government is lacking in transparency and accountability. We need only look at what the Parliamentary Budget Officer is having to do to get the information he needs. His job is to assess the budget measures that are in Bill C-38 and their impact. I wager that it will be exactly the same situation for Bill C-45. The government will do everything it can to throw obstacles in the Parliamentary Budget Officer’s way.

The Conservatives are big on giving bills grand titles that mean absolutely nothing, to my mind, while at the same time spending tens of millions of dollars on advertising for propaganda purposes. They have called this bill the Jobs and Growth Act, 2012. The title they have come up with may be a punchy one, but there is nothing in this gigantic bill that will create jobs or stimulate long-term economic growth.

Working people and their families are still going through hard times because of the 2008 recession and the current economic slowdown. They need the government to do something to help them get through these hard times.

The government’s response to their problems is a wonderful “economic action plan” that is eliminating more jobs than it creates. At the end of the day, the only people who are benefiting from the Conservatives' action plan are their friends in the oil companies. With this bill, the million and a half jobless Canadians are being left completely to their own devices by the government.

Bill C-45 will create no jobs, and we are not the only ones saying that. The Parliamentary Budget Officer contends that the budget will result in the loss of 43,000 Canadian jobs. In reality, the budget will cause the unemployment rate to rise. Canadians deserve a government that can create jobs, not raise the unemployment rate.

The measures in the budget are going to affect millions of Canadians. The Conservative government is imposing those measures at the same time as it is doing nothing to combat youth unemployment. As well, it is asking people to work longer in order to be eligible for old age security benefits.

According to the Conservative government, Canadians do not work enough. It is therefore going to cut paid holidays by changing the method of calculating how they are paid. Employees will no longer be entitled to holiday pay for a holiday that falls within the first 30 days after they are hired. As well, employees who are paid on commission will have to work for at least 12 weeks before they are entitled to holiday pay. Government employees are also affected significantly by this bill—as if they had not been affected enough already by the current and upcoming job cuts.

The Conservatives have poisoned the atmosphere in the public service because of how they have managed these changes. This is very serious, but it does not seem to bother our colleagues opposite. They keep hammering away, raising employees’ contribution rates to 50%, regardless of when they were hired. The retirement age will be pushed back from 60 to 65 for any employee hired after January 1, 2013. At present, public servants can take early retirement with no penalty after 30 years of continuous service. However, with this bill, employees hired after January 1, 2013, will be eligible for early retirement after 30 years’ service only if they are over the age of 60. Employees aged 55 and over with 25 years’ service or more will be eligible for a reduced pension.

We are very concerned about this. One group of workers will have to work longer in order to be entitled to the same pension plan as other employees, which is simply unfair.

The main job creation measure in Bill C-45 is the implementation of a temporary hiring tax credit for small businesses. In my opinion, this measure is insufficient because it gives employers a maximum credit of only $1,000, which is available only for 2012. In other words, once the bill has been passed, the year will be almost over and the measures will have a very limited application. Despite its flaws, we support this provision.

All these measures, which will be of no help to Canada's labour market, come on top of the major cuts the government is making to employment insurance. We questioned the Minister of Human Resources to try to make her listen to reason. She did an about-face and changed her approach, but the new approach is not much better.

The cuts to old age security will cost people up to $34,000 in benefits. Health transfers to the provinces will also be reduced by $31 billion.

It is important to remember that 100 inspectors lost their jobs and 300 positions at the Canadian Food Inspection Agency were cut, which led to the biggest tainted beef crisis in Canadian history. Why? It is because the Conservatives did not listen to Canadians when making these many changes. This is no longer the Canada that Canadians believe in.

We will not let the government change the laws, policies and programs that Canadians believe in and that they are entitled to. We are going to stand in the government's way. The NDP has an economic plan to improve the health care system and services for Canadians. We are therefore going to oppose many measures in this bill.