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.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:50 p.m.
See context

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, the member made reference to the changes being made to the Canada Grain Act. He may not be aware but hundreds of jobs in inward inspection are going to be lost. The people doing those jobs ensure that western wheat going out for either domestic consumption or export coming to port or at different linkages throughout is both the quality and quantity that farmers want it to be. As inward inspection goes as a result of Bill C-45, the concern is not only will hundreds of jobs be lost, but farmers will be short-changed. That is really a concept that stands in polar opposition to what the member said.

I would be keen to hear him comment on the real facts of the changes to the Grain Act.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:40 p.m.
See context

Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, our government is focused on what matters to Canadians: jobs, growth and long-term prosperity.

Since 2006, our government has supported the security and prosperity of all Canadians, promoted Canadian businesses and made investments in job creation. When the global economic crisis hit, the previous actions by our government helped Canada avoid a deep and long-lasting recession.

Our government's response to the crisis was both timely and targeted, and was one of the strongest responses to the global recession among the G7 countries. However the recovery process is not complete, and there are many challenges and uncertainties still confronting our economy today.

Bill C-45 takes important and strategic steps to address these challenges and ensure the sustainability of public finances and social programs for both current and future generations. In Bill C-45, our government is focusing on jobs, growth and long-term prosperity through investments in business, infrastructure, trade, families and communities.

All Canadians are sure to benefit from the provisions in Bill C-45, as I will outline in my remaining time.

Our government believes it is important to assist small Canadian businesses so they can focus on what matters: growth and job creation. We are doing this by extending the hiring credit for small business. This is a temporary credit of up to $1,000 that helps alleviate the costs of additional hiring for approximately 536,000 employees. This will reduce the 2012 payroll costs of small business by approximately $205 million, an astonishing saving that I know small businesses in my riding of Oxford will appreciate.

This initiative is in addition to our commitment to small business owners to reduce red tape by implementing the one-for-one rule; reducing the administrative tax burden on small businesses by enhancing the Canada Revenue Agency's my business account portal; and doubling the threshold for eligibility to use the GST-HST streamlined accounting methods; and enhancing the predictability of the scientific research and experimental development tax incentive program. It is good news all around for small business owners.

Our government understands the important role that Canadian farmers play in our country. They not only provide nutritious and delicious food for Canadians and people around the world, but they also provide numerous job opportunities for the Canadian economy. The importance of farmers and their contributions to society can be seen in my riding of Oxford. Every season, we are lucky to enjoy the various fruits, vegetables, meat and dairy products that our Oxford farmers produce.

Oxford and Canadian farmers will be happy to hear that in budget 2012 we are assisting hard-working farmers by investing $50 million to help Canadian farmers remain on the cutting edge of agricultural innovations. We are also providing tax relief to reduce the costs of new investments in processing machinery and equipment, and $24 million to fund national biosecurity and best practices initiatives to combat hog diseases.

In Bill C-45 our government is also making amendments to the Canada Grain Act to streamline and update the operation of the Canadian Grain Commission by reducing costs and better aligning the commission with the needs of the grain sector. This includes a $44 million investment as the commission continues to transition to a more sustainable funding model. This will create a more competitive environment for our farmers and improve their bottom line. No matter what type of farming Canadians are employed in, they will surely benefit from the support of our government.

The Canadian manufacturing industry and its workers is one of the key engines of Canada's economy, as it represents a vital source of jobs and economic growth for many communities, including my riding of Oxford.

Since 2006, our government has proudly supported the manufacturing sector by lowering business taxes to 15%, eliminating the job-killing corporate surtax and introducing the temporary accelerated capital cost allowance tax relief to help manufacturers become more competitive when upgrading their machinery and equipment.

The manufacturing sector has seen strong results due to our government support, and this can be seen in my riding of Oxford.

In March of this year, Toyota announced that it would be increasing Rav4 production at its Woodstock plant from 150,000 annual capacity to 200,000. This increase will result in 400 new jobs. That is great news for the people of Oxford and the Canadian economy as a whole.

I might say there will be a fine announcement at the CAMI GM plant in Oxford tomorrow about a milestone that the plant has reached.

On this side of the House we want to continue with these types of results with the implementation of budget 2012. That is why we are investing $500 million to support venture capital activities, extending the domestic powers of Export Development Canada to provide financing to support Canadian manufacturers and other exporters and $110 million to double support to manufacturers and other entrepreneurs through the industrial research assistance program.

I look forward to hearing many more success stories that are sure to come as we continue to support our manufacturers with budget 2012.

In addition to our government's investments in key industries, we are also facilitating increased trade by strengthening the Trade Act. Bill C-45 would facilitate the construction of the urgently needed bridge along Canada's most important trade artery, the Windsor-Detroit corridor.

Our government will continue to work closely with the state of Michigan, the United States government and the province of Ontario on the Detroit River international crossing project. This project is consistent with the Government of Canada's economic agenda, given its importance for Canada's long-term economic prosperity, growing international trade and investment and the creation of jobs.

The new border crossing will facilitate the movement of people and goods between Canada and the U.S. by ensuring that there is sufficient border crossing capacity to handle projected growth in cross-border trade and traffic in the Windsor-Detroit trade corridor. It will also provide a much needed crossing alternative to the busiest Canada-U.S. commercial border crossing and create thousands of jobs and opportunities on both sides of the border, while at the same time ensuring border security and safety. Canadians can be sure that our government will always support beneficial trade opportunities for the Canadian economy.

Our government is also ensuring the safety of all Canadians by updating the Customs Act. As part of the beyond the border action plan on perimeter security and economic competitiveness, the Government of Canada is working to better screen travellers so security threats can be stopped ahead of time. The changes to the Customs Act will support the interactive advance passenger information initiative outlined in the action plan. This initiative will allow the Canada Border Security Agency to take steps to prevent high-risk or improperly documented travellers from boarding a plane destined for Canada, which will also reduce costs associated with removing inadmissible individuals from Canada.

We are also implementing the integrated cargo security initiative, which will harmonize the security requirements for cargo between Canada and the United States. The pre-screening of cargo will help save time for both businesses and the government by significantly reducing the need for re-inspection of cargo between the two countries and will ensure that high-risk cargo does not reach Canada. Our government is protecting Canadians both at home and abroad.

Families are the cornerstone of Canadian society. Our government believes in supporting families and that is why we have made huge investments since 2006 to help families save money and live healthier and happier lives. We have done this through the introduction of various initiatives, including the children's fitness tax credit, the children's arts tax credit, the family caregiver tax credit, the first time homebuyers tax credit, the registered disability savings plan, the working income tax benefit and the child tax credit.

Due to our government's strong record of tax relief, a Canadian family is now saving over $3,100, a truly amazing saving. Families can use their savings toward investments, vacations, education or recreation. The possibilities are just endless.

In Bill C-45 we are helping families by improving the registered disability savings plan, helping Canadians save for retirement by implementing a tax framework for pooled registered pension plans and improving the administration of the Canada pension plan.

We are also respecting taxes paid by our hard-working Canadian families by taking landmark action to ensure that the pension plans for members of Parliament, senators and federal public sector employees are financially responsible and broadly consistent with the pension products offered by other jurisdictions as well as fair relative to those offered in the private sector.

We are closing tax loopholes that have been open for far too long and eliminating duplication to ensure that Canadian taxpayer dollars are put to good use.

I am proud of the investments and initiatives that our government is putting in place in Bill C-45. We are getting things done for Canadians as we focus on jobs, growth and long-term prosperity. I encourage all members to join us as we support Canadians by voting in favour of Bill C-45.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:25 p.m.
See context

NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, my constituents are wondering where all those jobs are. My constituents are asking why it is that the government has decided it is going to beat up on them. It is a shame that the government again shows such lack of faith in Canadians. It is a shame that the government feels it is a waste of time to engage Canadians in the discussion as to what is good for them and what they feel they need. It is a shame the government is so afraid of dissenting opinion, dissenting voices that say they might have a different way of doing things or maybe even a better way.

Is it not the function of this place to offer that dissenting opinion, to offer an objective opinion that differs, maybe, from the government's? My opinion, which I think I share with the rest of my colleagues in this House, is it is not a situation of “it is my ball so you play by my rules”. In this House, the government, the official opposition and the other opposition parties are elected to represent Canadians, to represent their voices, not to rubber-stamp what the government members feel is the ideal way to do things.

As far as Bill C-45 is concerned, this budget implementation bill, the Conservatives seem to want to make Canadians believe that everything they are talking about in this bill was in the budget, while it was not. The budget is a series of numbers and calculations. However, what the government is missing is that it is not only what one achieves but how one achieves it. This is what I will focus on today.

I remember, upon first entering this House, one of the first questions asked after the throne speech was how the Conservatives were going to achieve these goals that they had set for themselves; how they were going to balance the budget by 2014; how they were going to make these cuts; who was going to be affected by these cuts. The response we got was silence.

We kept asking those questions and kept getting silence, until we came across Bill C-38, the Trojan horse bill that, under the guise of a budget bill, included over 200 changes that gutted the Environmental Protection Act. How is that a budget? It went on to horrify Canadians with the sweeping changes that the Conservatives made in Bill C-38, with nary a word of consultation, at least not with the other side. Maybe there was consultation with friends, consultation about how this bill would help friends of the Conservatives, but again, not with the people of my riding.

We saw changes to the EI Act, which hurt more than they helped. We saw changes to health care. We saw changes, as I said, to the Environmental Protection Act. I would venture a guess that not a whole lot of people sat there and said it would be a good idea to just destroy the Environmental Protection Act.

So now we have Bill C-38's evil little brother, Bill C-45, which continues the work that the government proudly stands up and says is a good thing.

As I said earlier, there are some good things in this bill, and members have heard many of my colleagues stand to request unanimous consent on motions to separate out some of these good things in the bill, which have all been refused. Why?

If they are good things, why not set those aside and move them forward? Instead, we get the party line, that “If you fight me, you fight my gang”, as they say in Montreal.

We are here to do a job for Canadians and it is important that we listen to Canadians. On this side of the House we are also the voice of Canadians. Yet we have another time allocation motion limiting the discussion of the bill and all the very intricate aspects of this monster bill to just a few days.

We have been told that the Conservatives have graciously agreed to allow some of these things to go off to committee, but we all know what happens in committee. Not a lot gets through as far as amendments are concerned. To us, it seems to be more of a publicity stunt when the Conservatives say they will let things go to committee, because Canadians want to know that their interests are being held to a high standard. That is not happening with the bill.

How we do things is extremely important to Canadians. There is a lack of transparency, a lack of letting Canadians know what is going on before it happens. What is the point of saying what is going on after the fact? Why are we voting on a bill that has serious problems rather than addressing those problems through consultation before it becomes a bill and by tweaking it in committee in an open and transparent way?

It does seem that the government is afraid of dissenting opinions, dissenting opinions that help balance out what we are giving to Canadians. Is it not our obligation to make sure that when a bill gets to the point of ascension, it is done knowing that it has been vetted in a proper way and the best way for Canadians?

We NDP members have been accused of using tactics to slow down the process. We have been told that we do not vote for good things for Canadians. I would like to clear that up. We do vote for good things for Canadians when we are given the opportunity, but when we are thrown an omnibus bill that has serious issues, wrapping up those little jewels, for lack of a better way of putting it, is problematic.

It is a shame that the government decides that it wants to play politics with Canadians' lives rather than putting forward legislation that helps Canadians, and putting forward legislation in a positive way, in a way that is fitting for this House, and not using tactics like time allocation and overpowering our committees, but letting the voice of all Canadians and this whole House, which represents the voice of all Canadians, have an opportunity to be heard and to put forth an idea that might make this bill a little more palatable.

We have heard many times about the Prime Minister, who spoke out against omnibus bills, but when asked he has no answer for us as to why he has used these multiple times.

I ask this House, the government, to think about the how this is being done--

October 29th, 2012 / 5:25 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Yes, Mr. Chair.

In most parts, I think Mr. Dykstra articulated quite eloquently and much better than I would what I wanted to say.

As we all know, the budget was introduced on March 29, Mr. Chair. I don't know of another budget in the history of Canada that has had this much debate—as much as the first budget implementation act had, and the amount of debate we are getting now. In fact, Mr. Chair, I might add that the member from Burnaby—New Westminster, a member of the opposition, spoke for 13 straight hours on the budget, and the leader of the opposition just last week spoke for 45 minutes.

I might add that during debate in the House on this second phase of the budget implementation, the “BIA 2”, there wasn't any question on the immigration section that pertains to the electronic travel authorization. This is clearly an issue to be dealt with by the finance committee.

I totally concur with that approach. It's premature to come here at this time, and it certainly does not pay any respect to the witness who is here before us, nor is it relevant to the discussion on Bill C-43 that we're having. These are two different bills, Bills C-43 and C-45.

So I cannot in good conscience support the honourable member's motion. I will conclude with that.

October 29th, 2012 / 5:20 p.m.
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Conservative

Chungsen Leung Conservative Willowdale, ON

Thank you, Mr. Chair.

First of all, let me preface this by saying that I have been a practising public accountant for just shy of a decade, as has Ms. Bateman. When you come to debate something that is budget oriented, you need to look at it in its totality. You can't separate out the departments; it's built up into a total budget. That's how budgets are formulated. That's how budgets are debated: in a specific budget committee. Generally, that is the finance committee, whether you're in a corporation or a non-profit organization, because you're dealing purely with monetary issues. It is at the committee levels, such as these standing committees, that we debate policies and so on.

I don't see how breaking this up makes any sense, really, and besides, we're debating Bill C-43 here, not Bill C-45. Therefore, I will speak against this motion.

October 29th, 2012 / 5:15 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Thank you, Mr. Chairman.

Mr. Brouwer, I appreciate your presence here today and I hope to have an opportunity to ask you questions.

Earlier today I moved a motion about having the sections of Bill C-45, the second budget bill, that deal with matters that come under the mandate of the committee studied by the committee, and I'm going to ask that we now deal with that motion, Mr. Chairman. I hope we can deal with it quickly.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:10 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Mr. Speaker, it is my pleasure to address the House today and to speak on Bill C-45, the jobs and growth act, 2012.

This important bill continues the path laid out by our government in the spring to support job creation, economic growth and prosperity for all Canadians in the short and long term.

It would be easy for us to become complacent with the relative stability and success of the Canadian economy in comparison to many of our global partners. We could continue to brag about Canada being a world leader in job growth, financial stability and a strong presence in the world. However, in doing so, we would be doing ourselves no favours.

The global economy remains fragile, especially in Europe and the United States, our largest trading partners. Canada is not immune to such global economic challenges coming from outside of our border, and careful steps must be taken to ensure our economic recovery does not stall or begin to falter.

The steps being taken in Bill C-45 will ensure that Canada remains on the right track. In my home riding of Brampton—Springdale, and in the city of Brampton as a whole, over 80% of businesses are designated as small or medium, with fewer than 50 employees.

Under this bill, the highly successful hiring credit for small businesses would be extended for one year. The hiring credit of up to $1,000 against the increase in EI premiums paid by employers helps small businesses hire the workers they need to expand and grow their operations. More importantly, it helps small businesses create jobs for those living in their community.

I have had the opportunity to meet with a number of entrepreneurs operating small businesses in my riding who have benefited first-hand from the hiring credit for small businesses. They are among the 536,000 employers nationwide who are eligible for this credit. Each of the entrepreneurs I have met has spoken highly of the credit, which has eased some of the additional costs of bringing new staff onboard.

The positive effect of the new jobs, created in part by the credit, goes beyond just helping employers expand and grow their businesses. Each job created represents an individual receiving a new employment opportunity, one more person who is given a chance to return to the workforce. When unemployment is low and Canadians have access to well-paying jobs to support their families, the entire country benefits.

This bill also trims much of the unnecessary red tape faced by small business employers, allowing them to focus on managing and growing their businesses. It simplifies the calculation for statutory holiday pay, eliminating the multitude of different formulas used to achieve the same end.

This budget reduces the tax compliance burden for small businesses and makes a number of significant administrative improvements at the Canada Revenue Agency.

This bill will also implement our government's plan to facilitate and improve interprovincial and cross-border trade. The implementation of the agreement on internal trade will build a stronger economic union between the provinces and eliminate barriers to internal trade and labour mobility by incorporating enforceable penalties against governments for failures to comply.

The 2006 census reported that manufacturing, transportation and warehousing, and retail trade were the three largest industries in Brampton. Many of the firms in those industries are heavily involved in the cross-border transport of material and goods, with much of that trade coming across the U.S. border in Windsor.

The Windsor-Detroit corridor is Canada's most important trade artery and the busiest Canada-U.S. commercial border crossing, handling almost 30% of the Canada-U.S. surface trade. An efficient and secure trade corridor is essential to the economies of the U.S. and Canada.

The Detroit River international crossing would facilitate the movement of people and goods between Canada and the U.S., by ensuring that there is sufficient border-crossing capacity to handle the projected goals in cross-border trade and traffic in the Windsor-Detroit trade corridor.

It would also provide a much-needed crossing alternative at the busiest Canada-U.S. commercial border crossing and create thousands of jobs and opportunities on both sides of the border. This bill would allow for the project to be fast-tracked. It would clarify a number of governance issues and ensure continued efficiency, security, safety and mobility at the Detroit-Windsor border crossing, while ensuring that appropriate environmental mitigation measures are met and in full compliance with federal law.

To continue to help families, we are improving the registered disability savings plan. Parents who have saved money in an RESP for a child with a disability would be able to transfer investment income earned in an RESP to a registered disability savings plan on a tax-deferred rollover basis, if the plan shares a common beneficiary and if the beneficiary can reasonably be expected to be prevented from pursuing post-secondary education due to his or her disability.

The bill would also implement plans to help Canadians save for retirement by laying out the tax framework behind the pooled registered pension plan implemented this spring. These plans would provide accessible large-scale and low-cost pension options to employers, employees and the self-employed. Our government is also improving the administration of the Canada pension plan, clarifying guidelines on contribution for certain benefits, determining minimum qualifying periods for delayed applicants for a disability pension and clarifying recognition of divorces granted outside of Canada for the purposes of credit splitting.

Bill C-45 would also close a number of tax loopholes, phasing out subsidies and tax credits for oil, gas and mineral exploration. However, it would expand tax relief for investment in clean energy generation equipment, encouraging investment in more efficient means of energy.

When we stood in this place in the spring, our government had helped the Canadian economy create more than 700,000 net new jobs since July 2009. With the job numbers reported by Stats Canada at the beginning of this month, that number now stands at more than 820,000 net new jobs since July 2009, most of which are full-time positions in the private sector.

Budget 2012 would keep us on the right track to return to balanced budgets in the medium term, keep taxes for individuals and small business low, and create jobs and economic prosperity in the long term.

Bill C-45 is the next step in the process of Canada's economic recovery and plan for future growth. I encourage all members in the House to support the bill.

October 29th, 2012 / 5:05 p.m.
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Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Thank you, Mr. Chair. It's great to be back with you. We had a great trip to Nova Scotia.

I'm filling in for Kirsty, and I have a motion. Of course, everybody in this committee must be well aware of the motion.

The motion states:That the Committee undertake a study on the subject matter of Part 4 Division 21 of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and report its findings to the House no later than on Monday, November 5, 2012.

That's the motion.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, I am honoured to rise today to represent and serve the good people of Etobicoke North, where I was born and raised, and to fight the shameful cuts to the environment to be found in Bill C-45.

The government's record on the environment is atrocious, as recognized by its bottom of the barrel environmental performances. 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 and the David Suzuki Foundation ranked Canada 24th of 25 OECD nations on environmental performance.

The government learned nothing from last spring's hue and cry against the omnibus budget implementation bill, Bill C-38: concerned Canadians, demonstrations across the country, the 500 organizations that joined the Blackout Speak Out campaign to stand up for democracy and the environment, 3,200 pages of correspondence and extensive international criticism.

The voices of Canadians concerned about democracy, the environment and the health of our children and grandchildren has once again fallen on deaf ears.

This past week the government tabled the anti-democratic and draconian Bill C-45, its second omnibus budget implementation bill. The bill would alter the Indian Act and reduce protections contained in the Fisheries Act and the Navigable Waters Protection Act, foundational Canadian laws to steward a sustainable environment, clean water and health oceans. It would also weaken the Canada Labour Code in ways that were not even hinted at in the budget. In total, the bill takes aim at some 60 pieces of legislation.

Bill C-45 hides big changes to environmental laws, subverts democracy and weakens protection of water and ecosystems. West Coast Environmental Law describes the lowlights of Bill C-45 as follows.

The Navigable Waters Protection Act of 1882, considered Canada's first environmental law, has been changed to the Navigation Protection Act and dramatically limits the number of waterways protected. Of the roughly 32,000 lakes in Canada, just 97 lakes and 62 rivers will now be protected.

This means the construction of bridges, dams and other projects would be permitted on most waterways without prior approval under the act. It is important to note that the original budget says nothing about restricting federal controls over lakes and rivers. Astoundingly, however, pipelines are directly exempted from this law. Under the act, pipeline impacts on Canada's waterways will no longer be considered in environmental assessments.

According to Ecojustice's executive director Devon Page:

Simply put, lakes, rivers and streams often stand in the path of large industrial development, particularly pipelines. This bill, combined with last spring’s changes, hands oil, gas and other natural resource extraction industries a free pass to degrade Canada’s rich natural legacy....

It is important to remember that when the government came to power it inherited a legacy of balanced budgets but soon plunged the country into deficit before the recession ever hit. It is absolutely negligent and shameful that the government would now gut environmental safeguards in order to fast-track development and balance its books.

Other lowlights of Bill C-45 include giving industry the option to request that its existing commitments to protect fish habitat be amended or cancelled, or that it be let off the hook for promised compensation for lost or damaged habitat. It would also eliminate the Hazardous Materials Information Review Commission, an independent body charged with making science-based decisions to protect Canadians from toxic chemicals and hazardous materials in the workplace.

Bill C-45 needlessly tinkers with the Fisheries Act and the Canadian Environmental Assessment Act, 2012 to correct obvious drafting mistakes made during the ramming through of Bill C-38. Changing the same bill twice in one year underlines the value of debating specific bills through appropriate committees.

Jessica Clogg, the executive director and senior counsel for West Coast Environmental Law, stated:

So much for the federal government’s promise that the bill would focus on budget implementation and contain no surprises.

The Bill C-45 ‘budget bill’ is a wolf in sheep’s clothing that will have major implications for the environment and human health.

John Bennett, executive director, Sierra Club Canada, said:

Today’s killing of the Navigable Waters Act, along with further gutting of what’s left of the Canadian Environmental Assessment Act and Fisheries Act, will inhibit the ability of Canadians to protect their natural environment for their children, grandchildren and future generations.

He went on to state:

This assault on the environment is deeply offensive and undemocratic. I don’t remember the Prime Minster campaigning in the last election on a platform of laying waste to the Canadian landscape.

Many of Canada's leading environmental organizations, including the Canadian Parks and Wilderness Society, the David Suzuki Foundation, Ecojustice, Environmental Defence, Équiterre, Greenpeace, Nature Canada, Pembina Institute, Sierra Club Canada, West Coast Environmental Law and WWF Canada, issued a joint statement decrying the fact that, once again, the federal government is proposing to make significant changes to environmental legislation without proper democratic debate.

The government has repeatedly abused Parliament by ramming through outrageous omnibus bills. For example, two years ago the government introduced the 880-page omnibus bill, a grab bag of bills that the government wanted to pass quickly. In fact, it was half of the entire workload of Parliament from the previous year. As a result, the government was severely condemned for turning the legislative process into a farce.

Most recently the government introduced Bill C-38, the 400-plus page omnibus budget implementation bill. Through the bill, the government sprung sweeping changes on our country, affecting everything from employment insurance, environmental protection, immigration and old age security, to even the oversight that charities receive. None of these changes were in the Conservative platform. They were rushed into law by “an arrogant majority government that's in a hurry to impose its agenda on the country”.

According to one newspaper, omnibus bills are “political sleight-of-hand and message control, and it appears to be an accelerating trend. These shabby tactics keep Parliament in the dark, swamp MPs with so much legislation that they can’t absorb it all, and hobble scrutiny. This is not good, accountable, transparent government.”

The government's actions reek of hypocrisy. In 1994, the right hon. member for Calgary Southwest and today's Prime Minister criticized omnibus legislation, suggesting that the subject matter of such bills is so diverse that a single vote on the content would put members in conflict with their own principles, and that dividing the bill into several components would allow members to represent the views of their constituents on each part of the bill. The right hon. member is now using the very tactics he once denounced. It is a shame that he changed his tune when he was elected to the highest office in the land.

Canadians should be deeply concerned by yet another of the government's end runs around the democratic process and the potential for even more destruction of critical habitat and greater pollution. The government did not campaign in the last election on gutting environmental protection. Canadians should therefore rise up, have their voices heard, and stop the Prime Minister's destruction of laws that protect the environment and the health and safety of Canadians, our communities, economy and livelihoods. Canadians are entitled to expect much more than they are witnessing today in the protection of our environment and democratic values, which our beautiful country was built on.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I know the member for Etobicoke North is the next to speak, so I hope she will bear with me for a moment.

I would like to seek unanimous consent to move the following motion: That, notwithstanding any order or usual practice of the House, clauses 269 to 298, related to changes to the Hazardous Materials Information Review Act 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 do compose Bill C-47; that, Bill C-47 be entitled “an act to amend the Hazardous Materials Information Review Act”; and 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 Health; 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.

I am proposing this motion so that the Standing Committee on Health can properly study Bill C-45 as it relates to hazardous materials and make amendments. Mr. Speaker, we want to do our job in our committee and I ask that you seek unanimous consent.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:50 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, the issue my hon. colleague raises is very important as we have to fund our health and our educational programs.

I would refer the House to page 53 of Bill C-45. Members can see that there is $105 million over two years to support forestry innovation, $995 million over three years to support the Canadian innovation commercialization program, and it goes on and on.

I do not hear people mentioning these dollars, which we put together in the budget. It seems to have gotten by a lot of folks. I would also refer members to page 136 on expanded opportunities for aboriginal folks and to page 135 on improving insurance programs and information on jobs.

It's an easy read. If members have trouble, I taught reading in an elementary school for awhile and I could help them out.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:50 p.m.
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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I thank the member for Palliser for his great intervention on Bill C-45, which follows through on the Jobs, Growth and Long-term Prosperity Act.

Having been an educator, one of the things we need to do is continually focus on providing resources for post-secondary education in terms of skilled workers. In this new world, it seems most countries are in financial despair and yet Canada is strong and healthy. What we are doing in our budget for post-secondary education to help us maintain that through our skilled workers is of significance.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:40 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, I am pleased to have the opportunity to speak about how Bill C-45 will benefit residents of Palliser, Saskatchewan and indeed all of Canada.

At the outset, I am proud to say that Canada is more financially secure than other economies in the world, thanks to the decisive and swift action taken by our government in 2008. Thankfully, Canada has one of the strongest fiscal positions in the world as shown by Fitch, Moody's, and Standard and Poor's ratings renewing Canada's AAA rating.

Since taking office in 2006, we have introduced many popular initiatives, including the tax-free savings account, pension income splitting, a tax credit for textbooks, the deduction for tradesmen's tools, and much more.

Additionally, over the past six years, Canadians have benefited from broad-based tax cuts, 140 tax cuts to be exact. These tax cuts have given families, individuals and businesses the flexibility to make the right choices for their own needs. In fact the average Canadian family now has an additional $3,100 in its pocket, thanks to these tax savings.

Our government will continue on this path of keeping taxes low, reducing red tape and other measures, so that businesses are free to grow. Here I would add that our economy has created nearly 820,000 net new jobs since the end of the recession, with 90% of them full-time.

However, our government realizes that some belt-tightening is required to protect against shocks in the global economy. To this end, under the leadership of our talented Minister of Finance, in March, our government introduced a comprehensive and forward-thinking action plan to create jobs, growth and prosperity over the long term.

Here I would point out that our jobs and growth bill does not raise taxes or cut transfers to seniors or other levels of government for health, education or social services. Our jobs and growth plan will respect the taxpayer dollars of individuals, families, trades people, businesses and seniors. Our jobs and growth plan will benefit today's population without transferring the burden to tomorrow's leaders.

Raising taxes or transferring the burden might be an easy solution that governments may have taken in the past, but we are thinking outside of the box and taking action to benefit all Canadians, not just those of a particular region.

To create our comprehensive and long-range plan, we held consultations with Canadians to seek solutions that would improve efficiency and reduce waste. On my part, I had an excellent discussion with business leaders in my riding this spring, and passed their ideas on to the Minister of Finance.

A cornerstone of our government is respect for taxpayer dollars. To that end, our government is taking landmark action to ensure that the pension plans of members of Parliament, senators and federal public sector workers are sustainable and financially responsible. My office has received significant correspondence calling for reforms to these pensions. I support these measures to bring these pensions in line with those in the private sector.

Next I would like to speak about creating jobs and filling job openings. I will begin by quoting Saskatchewan's finance minister, Ken Krawetz, who stated in regard to our economic action plan:

I'm quite encouraged by the initiatives that seem to be coming forward in the economy and training and employment.

In my view, his words carry a lot of weight since he knows the issues facing Saskatchewan better than anyone else.

Canada not only has a labour shortage but also has people looking for jobs. The shortage in skilled labour is very problematic in my home province, which has low unemployment rates of less than 5%. Indeed, I am pleased to see that Saskatchewan is experiencing strong growth.

To help remedy this disparity, we will increase funding for training, with a special focus on youth and older workers. Our jobs and growth bill has $50 million to help youth gain skills and experience in the workforce through the youth employment strategy. Thanks to this funding, I am pleased that approximately 3,000 young Canadians will be able to fill labour shortages while they get on-the-job experience in high demand fields, such as skilled trade or tourism.

Our jobs and growth act also has $6 million to expand the successful ThirdQuarter project to connect employers with experienced workers over 50 years of age who want to continue using their skills in the workforce. Additionally, we are investing significant funding to improve labour market information, which will ultimately help connect out of work Canadians with available jobs.

Without impacting the Saskatchewan residents and Canadians who are looking for jobs, we are taking action to fill gaps within our workforce. We are investing $150 million to repair and upgrade local infrastructure via the community infrastructure improvement fund. There are rinks, community halls, museums and other organizations that may benefit from this funding in my riding.

As we are all aware, the aging workforce will compound the labour shortage. Meanwhile, the average life expectancy of Canadians is rising. Given that the OAS system is completely funded by the government and not by the working population, I think everyone can agree that this demographic change creates serious challenges.

Our government was elected with a mandate to respond to the taxpayers. To that end, we will work to protect the financial security of tomorrow by gradually raising the age of eligibility for OAS.

Will this change affect seniors? I emphatically say no. Will this change affect those nearing retirement? Again, I emphatically say no. Since changes are necessary for the benefit of future generations, it is fitting that the changes will only affect recipients among future generations.

One of my constituents phrased it very well in writing. He said: “The changes are acceptable, as they will allow the next generation to prepare and thus manage their economies of scale accordingly”. I am proud to say that he further stated that this was good government at its best.

To help people prepare for the future, we will help Canadians saving for retirement through pooled registered pension plans and registered disability savings plans, in addition to the previously announced tax-free savings accounts.

Moving on, Canada's reservists support and rebuild communities in disaster situations here at home, as well as serving as reconnaissance troops in peacekeeping operations. In my home province, members of the Saskatchewan Dragoons have been and continue to be actively involved in United Nations peacekeeping operations in Cyprus, Bosnia, Afghanistan and more. I am also proud to say that the dragoons also helped combat the forest fires in British Columbia in 2003. Economic action plan 2012 will support Canadian reservists in the workforce, by helping to remove the barriers to hiring reservists and off-setting costs when they are called on for full-time duty.

This past Saturday evening while I was at a mess dinner with the local chapter of the Saskatchewan Dragoons, I was proud to be part of a government that supports our reservists.

In economic action plan 2012, our government has presented a plan focused on jobs and growth to chart a course for the long-term financial prosperity of all Canadians. This plan will support individuals, families, communities, tradespeople, seniors and veterans in Palliser and indeed across Canada.

I fully support the jobs and growth act, 2012 and ask all hon. members to join together toward building a stronger Canada and a stronger economy.

I humbly offer my appreciation for the chance to speak about how the implementation of this long-ranging and forward-thinking plan will benefit residents of Palliser, the land of the living skies, as well as all Canadians.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:25 p.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, it is my pleasure to stand and speak today to Bill C-45, the second omnibus budget implementation act. As with Bill C-38 this past spring, New Democrats oppose Bill C-45 on both content and process. This bill continues on the path set by Bill C-38, which puts more power in the hands of cabinet ministers and guts environmental protections.

As the official opposition critic for science and technology, I will focus my comments on the aspects of the bill concerning my area of focus, especially those concerning the scientific research and experimental development tax credit. However, I will start with a few general comments.

As we have heard in the House today, Bill C-45 is another massive omnibus bill. Once again, the Conservatives are trying to ram legislation through Parliament without allowing Canadians and their MPs to thoroughly examine it. What is disturbing is the PBO has said that the budget will actually cost 43,000 Canadians their jobs, but we hear otherwise from the Conservatives. In fact, this budget actually plans for unemployment to rise from the cuts that are being made to government, especially the scientific and research community. New Democrats oppose budget 2012 and its implementation, unless it is amended to focus on the priorities of Canadians, which is creating good quality and strengthening our health care system.

Turning to science and technology, I have been meeting with scientists, engineers, technologists and members of industry since appointed as the science and technology critic. I have done a lot of face-to-face meetings, I have spoken with people electronically and I have had the opportunity to visit a number of public and private facilities. The scientific community, and I mean this very broadly, not just natural scientists but also social scientists, engineers and technologists, is very concerned, and so am I, about the government's approach to science and technology. I will provide a few details especially as they concern this budget.

We have seen in report after report that one of our main strengths in terms of productivity in our country concerns the world-leading research done at our universities and government institutions, like the National Research Council. Many people may not know this, but almost 3% of the peer-reviewed papers published in Canada are produced by researchers at the National Research Council. This is a good fraction of what is produced worldwide. Peer-reviewed research is produced at universities but also at the NRC.

One of our strengths is our research output, but one of our main weaknesses is that Canadian companies are not investing in R and D at the same rate as companies located elsewhere in the world. This point was hammered home in the Jenkins report that we hear quoted in the House very often. Lack of investment in research and development has led to plummeting productivity levels as compared to the U.S. Our productivity is around 70% of U.S. productivity.

The Conservatives are right to view this is as a problem, but the solution to this problem of declining productivity is mind boggling. The Conservatives are trying to fix productivity rates that are really caused by low levels of private investment by Canadian firms and are planning to attack the part of the innovation supply chain that is performing well. The scientific community working in universities and government research organizations is really punching above its weight internationally. The government is shifting funding from these well-operating parts of our economy over to business, and that is a mistake.

The Conservatives are cutting hundreds of scientists from government rolls, they are closing world-class facilities, one of which I visited just the other day, they are radically changing the funding structures for scientists, both within government and without, and they are muzzling the government scientists who remain.

I have talked to researchers both in industry and outside of industry and in universities. I sat down with a panel of physicists the other day. The physicists said that what was developing in Canada was poisoning the culture, that scientists were afraid of speaking out because they were worried about having their funding cut or, worse, getting fired. This is a really dangerous thing to do. The Conservatives are attacking a scientific culture that has taken almost 100 years to build. For example, the National Research Council came in place in 1916. We were almost going to celebrate a centenary, but now we find this is under attack.

The National Research Council was considered the jewel of the Canadian research crown for many years. It is headed by Nobel Prize winners. It has brought us all kinds of inventions that started as just ideas and made it all the way to the factory floor and onto the shelves of consumers

The Minister of State for Science and Technology has said that he wants to take this venerable and well-respected research institution and turn it into a 1-800 concierge service for industry. Therefore, instead of winning Nobel Prizes, Nobel scientists will now hold the door open for industry and carry its bags. If I were a research scientist looking at where I would take my top level research, going to the National Research Council in its past glory would be great, I would get the funding and atmosphere that I need to work, but becoming a concierge or a bellhop is not really what I would be looking for.

Let us talk about the 124 NRC researchers who received their pink slips this year, 90 of them last week. If we think about the progress of a researcher, they get a BA after four years, a Masters in Science for two years, a PhD, a post-doctorate, to have to go and set up labs. We are talking about 15 to 20 years someone has invested in becoming a researcher. It is a portable skill, but it has to be located at an institution. What concerns me is people at the NRC who have come out of university and set up these labs, when they are given a pink slip, it is not like they go next door and start up another career. It is a major loss of investment. This really needs to be thought through before we go too much further down this line.

This fear of the change in culture has been expressed to me in many letters. The Minister of State for Science and Technology is familiar with this because I am copied on most of the letters he receives. They express fear and really want the government to slow down in terms of how it is hacking away at these various institutions.

I want to change now to a more specific matter, and that is the scientific research and experimental development tax credit. The government proposes to reduce the tax credit rate from 20% to 15% and this will particularly affect large businesses. It will eliminate the eligibility of capital expenses. Although it would save up to $500 million a year by making these changes, it has not made it over to any new program, or not all of it anyway. It is really just straight savings for the government and attacks businesses right where they live in the innovation field. This will hit the manufacturing sector hard and it is likely to drive firms to move their R and D activities to other countries that have better incentives.

Conservatives have done nothing to fix the complexity of the SR&ED tax credit, which I agree needs some adjustment but it is more in the administration of this tax credit rather than throwing the baby out with the bathwater. Instead of reducing the credit for industry, it should be looking at administrative changes instead. The government has done nothing to reduce the complexity and overhead costs of applying for and administering the SR&ED tax credit.

The member for Burlington said earlier today that he was getting positive feedback from industry, but I have had a number of different comments and he should be aware because they came at the industry committee. For example, Declan Hamill, vice-president, Legal Affairs, Hoffman-La Roche Ltd., said when asked about the SR&ED tax credit:

From our perspective there are changes to the SHRED tax credits that have some potential negative impacts on our member companies.

Probably most serious, were the comments from RIM. Morgan Elliott, director of Government Relations for Research in Motion, which makes the Blackberry, said when I asked him directly what this change in the SR&ED tax credit would mean. “It cuts our support by one-third”. Here is the jewel in the private industry crown of technology in Canada that has been struggling lately, seems to be getting back on its feet, and what does the government do? It cuts one-third of its support with these changes.

It is hardly a ringing endorsement for these changes. I submit there are problems with the bill and the government should, at the very least, split out the SR&ED tax credit changes and refer them to the industry committee for further study.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:05 p.m.
See context

NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague from Jeanne-Le Ber, who has allowed me to come back to a very important part of the discussion we have had in the House about Bill C-45, a discussion that will unfortunately be too short, since once again, the government has imposed a time allocation motion.

When the government says that parliamentary rules and procedures are not important, it is rejecting the very essence of our work. These rules provide a framework for our debates and ensure a transparent, clear and fair process for everyone. The government says that these rules are just a technicality and that getting a majority by winning an election with barely 30% of the vote means that Canadians gave it a mandate to do whatever it wants. That is an aberration and an abuse of the trust of the people we represent here.

We are here to speak on behalf of all Canadians. However, if every time the government introduces a budget bill it tries to stifle the opposition, which represents a considerable number of people, there is a problem because our democracy is eroding. Changes need to be made, and fast.