The ''Jobs, Growth and Long-term Prosperity Act'' (informally referred to as Bill C-38) is an Act of the
Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
. This
omnibus bill
An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. ''Omnibus'' is derived from Latin and means "to, for, by, with or from everything". An omnibus bill is a single document that is accepted in a single vote by a ...
was introduced by
Jim Flaherty
James Michael Flaherty (December 30, 1949 – April 10, 2014) was a Canadian politician who served as the federal minister of finance from 2006 to 2014 under Conservative Prime Minister Stephen Harper.
First elected to the Legislative Assembly ...
,
Minister of Finance
A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation.
A finance minister's portfolio has a large variety of names around the world, such as "treasury", " ...
under Prime Minister Steven Harper's majority Conservative government as a 2012 Budget Implementation Act. Bill C-38 was given Royal Assent on June 29, 2012. Bill C-38 and
Bill C-45 attracted controversy both for their size (c. 450 pages each) and for the breadth of provisions contained that were not fiscally related.
Elizabeth May
Elizabeth Evans May (born June 9, 1954) is a Canadian politician, environmentalist, author, activist, and lawyer who is serving as the leader of the Green Party of Canada since 2022, and previously served as the leader from 2006 to 2019. Sh ...
, leader of the
Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
, claimed (Levitz June 2012) that, "
spite of the fact that most Canadians have no idea how seriously Bill C-38 will affect their lives, the Senate is about to begin hearings so that Conservative Senators can vote on it as soon as possible... This railroading version of democracy is tragic for Canada."
Content of Bill
Part 1 of this enactment "implements certain income tax measures and related measures proposed in the March 29, 2012 budget."
Other sections of C-38 amend the
*''Income Tax Act''
*''Excise Tax Act''
*''Environmental Violations Administrative Monetary Penalties Act''
*''National Energy Board Act''
*''Canada Oil and Gas Operations Act''
*''Nuclear Safety and Control Act''
*''Fisheries Act''
*''Canadian Environmental Protection Act 1999''
*''Species at Risk Act''
*''Trust and Loan Companies Act''
*''Bank Act''
*''Cooperative Credit Associations Act''
*''Northwest Territories Act''
*''Nunavut Act''
*''Yukon Act''
*''Financial Administration Act''
*''Department of Human Resources and Skills Development Act''
*''Parks Canada Agency Act''
*''Trust and Loan Companies Act''
*''Insurance Companies Act ''
*''National Housing Act ''
*''Canada Mortgage and Housing Corporation Act''
*''Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act''
*''National Housing Act''
*''Bretton Woods and Related Agreements Act''
*''Canada Health Act''
*''Canadian Security Intelligence Service Act''
*''Currency Act''
*''Federal-Provincial Fiscal Arrangements Act''
*''Fisheries Act''
*''Food and Drugs Act''
*''Government Employees Compensation Act''
*''International Development Research Centre Act''
*Canada Labour Code
*''Environmental Violations Administrative Monetary Penalties Act''
*''Old Age Security Act''
*''Seeds Act''
*''Statutory Instruments Act''
*''Investment Canada Act''
*''Customs Act''
*''Railway Safety Act''
*''Canadian International Trade Tribunal Act''
*''Health of Animals Act''
*''Canada School of Public Service Act''
*''Corrections and Conditional Release Act''
*''Coasting Trade Act''
*''Status of the Artist Act''
*''National Round Table on the Environment and the Economy Act''
*''Telecommunications Act''
*''Employment Equity Act''
*''Employment Insurance Act''
*''Customs Tariff''
*''Canada Marine Act''
*''First Nations Land Management Act''
*''Canada Travelling Exhibitions Indemnification Act''
*''Canadian Air Transport Security Authority Act''
*''First Nations Fiscal and Statistical Management Act''
*''Canadian Forces Members and Veterans Re-establishment and Compensation Act''
*''Department of Human Resources and Skills Development Act'', to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act
*''Wage Earner Protection Program Act''
*''Immigration and Refugee Protection Act''
*''Budget Implementation Act 2008''
*''Shared Services Canada Act''
*''Assisted Human Reproduction Act''
C-38 dissolves the Public Appointments Commission and its secretariat and dissolves the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.
C-38 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
C-38 repeals the ''
Canadian Environmental Assessment Act
The ''Canadian Environmental Assessment Act, 2012'' (CEAA 2012) (the ''Act'') and its regulations established the legislative basis for the federal practice of environmental assessment in most regions of Canada from 2012 to 2019. It was repealed w ...
'', ''Fair Wages and Hours of Labour Act''; the ''International Centre for Human Rights and Democratic Development Act'' and authorizes the closing out of the affairs of the centre established by that Act; repeals provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the institute's affairs; repeals the ''Department of Social Development Act'' and, in doing so, eliminates the National Council of Welfare; repeals the ''
Kyoto Protocol
The Kyoto Protocol was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that (part ...
Implementation Act''.
C-38 eliminates the requirement for the
Auditor General of Canada
The Auditor General of Canada is an officer of the Parliament of Canada to aid accountability and oversight by conducting independent financial audits of federal government operations. These audits provide members of parliament with objective e ...
to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.
Sections of Bill Challenged by Opposition
Bill C-38 Changes Clearing the Way for Resource Extraction:
''Canadian Environmental Assessment Act''
"Environmental effects" under the "new CEAA will be limited to effects on fish, aquatic species under the ''Species at Risk Act'', migratory birds. A broader view of impacts is limited to: federal lands, Aboriginal peoples, and changes to the environment "directly linked or necessarily incidental" to federal approval (May 2012)."
Canadian Environmental Assessment Agency
The Agency will have 45 days after receiving an application to decide if an assessment is required. Environmental assessments are no longer required for projects involving federal money. The Minister is given wide discretion to decide. New "substitution" rules allow Ottawa to download EAs to the provinces; "comprehensive" studies are eliminated. Cabinet will be able to over-rule decisions. A retroactive section sets the clock at July 2010 for existing projects (May 2012).
''Canadian Environmental Protection Act''
The present one-year limit to permits for disposing waste at sea can now be renewed four times. The three- and five-year time limits protecting Species at Risk from industrial harm will now be open-ended (May 2012).
''Kyoto Protocol Implementation Act''
"This legislation, which required government accountability and results reporting on climate change policies, is being repealed (May 2012)."
''Fisheries Act''
Senator Angus Cowan at the 1st Session, 41st Parliament (June 21, 2012) expressed his concerns. "There are a number of proposed changes to the ''Fisheries Act'' that are causing deep concern among Canadians. The bill amends the act to limit fish protection to the support of "commercial, recreational and Aboriginal fisheries." Protection of fish habitat is relegated to a vastly lower priority — something that caused those four former fisheries ministers, in their words, "especial alarm." Cowan also expressed dismay at the closure of Experimental Lakes Area.
According to Elizabeth May,
In 2012 the Government of Canada closed the Department of Fisheries contaminants program and Dr. Peter Ross and 55 of his colleagues across Canada. Dr. Peter Ross was Canada's only marine mammal toxicologist. Along with his team, they spent 15 years studying "the increasing levels of toxins in oceans and in animals like the killer whale."
''Navigable Waters Protection Act''
"Pipelines and power lines will be exempt from the provisions of this Act. Also, the National Energy Board absorbs the ''
Navigable Waters Protection Act
The ''Canadian Navigable Waters Act'' (the ''Act'') (formerly the ''Navigation Protection Act'' and beforehand the ''Navigable Waters Protection Act'') is one of the oldest regulatory statutes enacted by the Parliament of Canada. It requires appro ...
'' (NWPA) whenever a pipeline crosses navigable waters. The NWPA is amended to say a pipeline is not a "work" within that Act (May 2012)."
''National Energy Board Act''
The ''
National Energy Board Act'' was changed so that, "NEB reviews will be limited to two years – and then its decisions can be reversed by the Cabinet, including the present
Northern Gateway Pipeline
The Enbridge Northern Gateway Pipelines were a project to build a twin pipeline from Bruderheim, Alberta to Kitimat, British Columbia. The eastbound pipeline would have imported natural gas condensate and the westbound pipeline would have exporte ...
review (May 2012)."
''Species at Risk Act'' (SARA)
The ''
Species at Risk Act
The ''Species at Risk Act'' (SARA) (the ''Act'') is a piece of Canadian federal legislation which became law in Canada on December 12, 2002. It is designed to meet one of Canada's key commitments under the International Convention on Biological D ...
'' (SARA) "is being amended to exempt the National Energy Board from having to impose conditions to protect critical habitat on projects it approves. Also, companies won’t have to renew permits on projects threatening critical habitat (May 2012)." The David Suzuki Foundation argued that,
''Parks Canada Agency Act''
"Reporting requirements are being reduced, including the annual report. 638 of the nearly 3000
Parks Canada workers
A park is an area of natural, semi-natural or planted space set aside for human enjoyment and recreation or for the protection of wildlife or natural habitats. Urban parks are green spaces set aside for recreation inside towns and cities. ...
will be cut. Environmental monitoring and ecological restoration in the
Gulf Islands National Park are being cut (May 2012)."
''Canadian Oil and Gas Operations Act''
The ''
Canadian Oil and Gas Operations Act
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
'' was "changed to exempt pipelines from the ''
Navigational Waters Protection Act
Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...
'' (May 2012)."
''Coasting Trade Act''
The ''
Coasting Trade Act
Coasting may refer to:
* Coasting (vehicle), performing a natural deceleration of a motor when the power is removed
* Carrying out a part of a spaceflight without orbital maneuver
* Sledding
* Performing ovarian hyperstimulation without inducing ...
'' was changed to promote
seismic testing allowing increased off-shore drilling (May 2012)."
''Nuclear Safety Control Act''
The ''
Nuclear Safety Control Act
Nuclear may refer to:
Physics
Relating to the nucleus of the atom:
* Nuclear engineering
*Nuclear physics
*Nuclear power
*Nuclear reactor
*Nuclear weapon
*Nuclear medicine
*Radiation therapy
*Nuclear warfare
Mathematics
*Nuclear space
*Nuclear ...
'': "Environmental Assessments will be moved to the
Canadian Nuclear Safety Commission
The Canadian Nuclear Safety Commission (CNSC; french: Commission Canadienne de sûreté nucléaire) is the federal regulator of nuclear power and materials in Canada.
Mandate and history
Canadian Nuclear Safety Commission was established under t ...
, which is a licensing body not an assessing body – so there is a built-in conflict (May 2012)."
''Canada Seeds Act''
The ''
Canada Seeds Act
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world ...
'': This is being revamped so the job of inspecting seed crops is transferred from
Canadian Food Inspection Agency
The Canadian Food Inspection Agency (CFIA; french: Agence canadienne d'inspection des aliments) is a regulatory agency that is dedicated to the safeguarding of food, plants, and animals (FPA) in Canada, thus enhancing the health and well-being o ...
inspectors to "authorized service providers" in the private sector (May 2012).
Agriculture Affected
"Under the ''
Prairie Farm Rehabilitation Act
Prairies are ecosystems considered part of the temperate grasslands, savannas, and shrublands biome by ecologists, based on similar temperate climates, moderate rainfall, and a composition of grasses, herbs, and shrubs, rather than trees, as the ...
'', publicly owned grasslands have acted as community pastures under federal management, leasing grazing rights to farmers so they could devote their good land to crops, not livestock. This will end. Also, the Centre for Plant Health in Sidney, BC, an important site for quarantine and virus-testing on plant stock strategically located across the Salish Sea to protect BC's primary agricultural regions, will be moved to the heart of BC's fruit and wine industries (May 2012)."
National Round Table on the Environment and the Economy
The
National Round Table on Environment and Economy
The National Round Table on the Environment and the Economy (NRTEE) was a Canadian advisory program created in response to the 1987 United Nations document ''Our Common Future'' by the Progressive Conservative Party of Canada. The NRTEE focused on ...
(NRTEE), was closed down by Bill C-38. "The NRTEE brought industry leaders, environmentalists, First Nations, labour, and policy makers together to provide non-partisan research and advice on federal policies. Its demise will leave a policy vacuum in relation to Canada`s economic development (May 2012)."
Water Programs
Environment Canada
Environment and Climate Change Canada (ECCC; french: Environnement et Changement climatique Canada),Environment and Climate Change Canada is the applied title under the Federal Identity Program; the legal title is Department of the Environment ( ...
is "cutting several water-related programs and others will be cut severely, including some aimed at promoting or monitoring water-use efficiency (May 2012)."
Wastewater Survey
The
Municipal Water and Wastewater Survey
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
, the "only national study of water consumption habits, is being cut after being in place since 1983 (May 2012)."
Monitoring Effluent
Environment Canada's
Environmental Effects Monitoring Program
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...
, a "systematic method for measuring the quality of effluent discharge, including from mines and pulp mills, will be cut by 20 percent (May 2012)."
Citations
References
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Further reading
*{{citation , url=http://elizabethmaymp.ca/parliament/legislative-amendments/2012/06/09/amendments-to-bill-c-38 , title=Amendments to Bill C-38, date=June 9, 2012, website=Elizabeth May, publisher=Green Party of Canada , archive-url=https://web.archive.org/web/20120618075437/http://elizabethmaymp.ca/parliament/legislative-amendments/2012/06/09/amendments-to-bill-c-38/ , archive-date=2012-06-18 , url-status=dead
41st Canadian Parliament
Indigenous politics in Canada
Canadian federal legislation
2012 in Canadian politics
2012 in Canadian law
Omnibus legislation