Bill C-38: Opposition Parties Vow To Slow Down Conservatives' Omnibus Budget Legislation

CP  |  By Posted: 05/10/2012 3:01 pm Updated: 05/10/2012 6:42 pm

Oppositionpartiesdelaybillc38
The Harper government will have to scale potentially hundreds of procedural hurdles — erected by three different opposition parties — in order to secure passage of its massive budget implementation bill. (CP/Getty)

OTTAWA - The Harper government will have to scale potentially hundreds of procedural hurdles — erected by three different opposition parties — in order to secure passage of its massive budget implementation bill.

The Conservatives' majority ensures the 400-plus-page bill will eventually win parliamentary approval.

But procedural ploys promised by the NDP, Liberals and lone Green MP Elizabeth May mean it could take days — or even weeks — longer than the government had hoped.

"Our objective is to show the government that what they are doing is profoundly anti-democratic," said Liberal House leader Marc Garneau.

The huge, complex bill is stuffed with a host of non-budgetary matters, including controversial changes to environmental regulations, immigration law, fisheries management and Employment Insurance.

Opposition parties are hoping they can delay passage of the bill long enough that the government will eventually bow to their demands to split it up into manageable chunks that can be scrutinized more closely.

While their goal is the same, the three opposition parties are not working in concert. Indeed, they appear to be competing over which party can mount the most effective opposition to the controversial budget bill.

The NDP began Wednesday with a series of procedural tricks that prevented debate on the budget bill. The aim, the party said, was to ultimately delay a second-reading vote on the bill planned for Monday.

On Thursday, debate on the bill resumed and the government remained on track for Monday's vote. But NDP House leader Nathan Cullen told reporters to "stay tuned" for other manoeuvres to delay the vote.

Meanwhile, Cullen announced a new tactic: New Democrat MPs will propose motions at 20 Commons committees, asking that each committee undertake studies of various chunks of the budget bill, pertinent to each committee's area of expertise.

The Liberals accused the NDP of turning clumsy, inexperienced "procedural cartwheels" that will do nothing to stop or even delay the bill while robbing MPs of the little time allocated for debate on it.

Garneau said the Liberals will keep their powder dry until what's known as report stage, when the bill returns to the House of Commons after examination by the finance committee. At that point, he said the party will move amendments to delete specific clauses in the bill.

He wouldn't say how many amendments the party is planning but added: "Let's just say there are over 700 clauses."

May, the Green leader and the party's lone MP, similarly vowed to propose numerous amendments at report stage. Because she is not eligible for membership on Commons committees, she can go further than the Liberals and actually propose substantive amendments to alter the bill.

An environmental lawyer and longtime activist, May said the bill will gut 30 years of environmental regulations.

"However many amendments the Speaker rules are in order, as long as I can find parliamentary support to make sure my amendments are seconded, I will not back down and we will not be there until four in the morning; we could be there for days," she told a news conference.

May will have no trouble finding the support she needs from other opposition parties. Garneau said the Liberals have been talking to her for weeks and called the Liberal and Green tactics "complimentary."

Cullen said the NDP will also propose amendments at report stage but isn't willing to wait until then to start procedural machinations.

"That's more than a month away," he noted, adding that the NDP's objective is to "bring the light of day to what's actually going on."

"There was no mandate given to this government to do the things that it's doing and by cramming it into a Trojan Horse bill, it is ignoring the will of Parliament and the accountability that Parliament demands."

Peter Van Loan, the government House leader, refused to speculate on whether there's any way to avoid the amendment marathon being promised by the opposition parties. But he suggested such ploys will backfire, angering Canadians who want to see action to bolster the fragile economy.

"I hope the Liberals and ... Elizabeth May won't engage in the same kind of delay and obstruction tactics the NDP have. I think the NDP have discredited themselves by not really focusing on the substance of job creation and economic growth but instead focusing on delay tactics," Van Loan said.

"Our (economic) environment is still very fragile and that's why we have to continue to stay focused on that economy and make decisions."

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  • Have The Tories Kept Their Promises?

    The Conservative election platform in 2011, "Here for Canada," featured many campaign commitments.<br><br>One year into Harper's "strong, stable, majority Conservative government," how much has been accomplished? What still remains to be done?<br><br><em>With files from CBC</em><br><br>(Getty)

  • What They've Done

    The next five slides provide a list of what the Tories have accomplished in their first year.<br><br>(Getty)

  • Budget 2011 Measures

    Budget 2011 measures (rolled into the election platform after the original March budget did not pass, and all delivered again in the June budget):<br><br> - Hiring credit for small business -- offering a short-term break from EI payments for those who increase payrolls.<br><br> - Extension for: work-sharing program (helping employers avoid layoffs by providing part-time EI benefits); the "targeted initiative for older workers" (programs to help older unemployed workers); temporary accelerated capital cost allowance rate for manufacturing equipment; mineral exploration tax credit; ecoENERGY retrofit program for homes (one more year only.)<br><br>- Funding for: Canadian youth business foundation; Canada student loans program; 30 new industrial research chairs at Canadian colleges and polytechnics and ten new Canada excellence research chairs for universities; northern adult basic education program in territories; student loan forgiveness for medical professionals willing to work in rural/underserviced regions.<br><br>- Funding for: all-season road between Inuvik and Tuktoyaktuk (to complete Dempster highway); two new national parks in Labrador and urban Toronto; snowmobile trails; small-craft harbour repairs; plus support for an agricultural trade commissioner and market access secretariat to "expand international markets for farmers;" as well as funding for an "agriculture innovation initiative."<br><br>- Funding for: Royal Conservatory of Music (to launch a national examination system); Canada periodical (magazines) fund; "youth gang prevention fund" to support projects in high-need communities.<br><br>- Tax credits: children's arts (up to $500/child in qualified arts/culture programs); family caregiver tax credit ($2,000 for those caring for an infirm family member); volunteer firefighters; plus a top-up for guaranteed income supplement for low-income seniors.<br><br>- Phase-out of taxpayer subsidies to federal political parties.<br><br>(CP)

  • Other Economic Measures:

    - Government-wide spending review, as reflected in the 2012 budget, implementing over $5 billion in spending and job cuts across all federal departments and agencies, representing some 6.9 per cent of total government spending.<br><br>- Repeal of legislation forcing mandatory retirement at a specified age for workers in federally-regulated industries (effective Dec. 2012).<br><br>- Financial assistance (loans) to help immigrants get foreign credentials recognized (pilot announced Feb. 2012).<br><br>- "One-for-one" rule for business regulations arising from work of "red tape commission," now requiring government to eliminate a regulation for every new regulation implemented (effective April 1).- Successful bidders chosen for shipbuilding procurement strategy (Oct. 2011).<br><br>- "Single desk" monopoly of Canadian Wheat Board dismantled and farmer-elected board dismissed, enabling an open market for Prairie wheat and barley effective 2012 crop year.<br><br>- Pooled retirement pension plans implemented (Nov. 2011).<br><br>- "Helmets to hardhats" program to help military veterans find civillian work after deployments (announced Jan. 2012).<br><br>

  • Intergovernmental Affairs

    - 18 more First Nations signed on to the First Nations land management regime, opting out of land-related sections of the Indian Act (March 2012).<br><br>- Quebec sales tax harmonization agreement (signed in Sept. 2011).<br><br>- Increase health transfers to provinces by six per cent annually until 2017, with the rate tied to economic growth and adjusted for inflation after 2017 (platform pledged to not "cut transfer payments to individuals or to the provinces for essential things like health care, education, and pensions" while working "collaboratively with the provinces and territories to renew the Health Accord and to continue reducing wait times").<br><br>- Loan guarantee for Lower Churchill River hydro project (memorandum with Newfoundland and Labarador signed in Aug. 2011).<br><br>- Legislation to make the "gas tax fund" a permanent form of infrastructure funding to municipalities (passed Dec. 2011).<br><br>- Alberta's elected Senate nominee Betty Unger called to Senate in Jan. 2012 (no other provinces have elected Senate nominees eligible for appointment).<br><br>(Getty)

  • Justice Measures

    - <a href="http://www.huffingtonpost.ca/news/omnibus-crime-bill/?" target="_hplink">Omnibus crime legislation (C-10)</a>, which included new mandatory minimum sentences, stiffer penalties for drug crimes, stiffer penalties for child sex offenders, an end to house arrest/conditional sentences for a range of offences, elimination or delay in eligibility for pardons, stiffer sentences for repeat or violent young offenders, new roles for victims of crime in parole decisions, measures to protect vulnerable foreign workers, new criteria for the transfer of Canadians convicted of crimes abroad, and new measures to seek justice for victims of terrorism (received royal assent March 2012, within the "100 sitting days of Parliament" deadline pledged in the platform).<br><br>- "Wanted by the CBSA" web site launched, to help find and facilitate deportations of foreign criminals (July 2012, and ongoing).<br><br>- Employment insurance benefits for parents of murdered or missing children (announced April 13).<br><br>- Legislation to end the long-gun registry (received royal assent April 5, but implementation stalled, subject to court injunction in Quebec).<br><br>

  • Other Measures

    - Office of religious freedom created in department of foreign affairs, to monitor and promote religious freedom as part of Canadian foreign policy.<br><br>- Legislation to reallocate House of Commons seats to "restore fair representation" (C-20 received royal assent Dec. 2011).<br><br>(CP)

  • What They Haven't Done (Or Haven't Finished, Yet)

    The next six slides provide a list of what the Tories didn't get done during their first year.<br><br>(Getty)

  • Trade Deals And International Commitments

    - Canada-European free trade deal (pledged for 2012).<br><br>- Canada-India free trade deal (pledged for 2013).<br><br>- New border agreement with the United States encompassing trade, travel and security regulations (negotiations ongoing).<br><br>- Copyright Modernization Act (special committee reviewing C-11 reported back to House on March 15).<br><br>- Maternal and child health initiatives, to be implemented in collaboration with other countries (the "Muskoka Initiative," launched in Nov. 2010 - $82 million for specific Canadian projects announced in Sept. 2011 ).<br><br>- Post-combat efforts in Afghanistan, focused on "the education and health of children and youth; advancing security, the rule of law, and human rights; promoting regional diplomacy; and delivering humanitarian assistance."<br><br>(Getty)

  • Defence Commitments

    - F-35 stealth fighter jet purchase (a new secretariat will now oversee the procurement of replacement fighter jets for the CF-18s, following controversy surrounding the disclosed costs of the F-35 program).<br><br>- New air expeditionary wing at CFB Bagotville, including 250 new personnel by end of 2011 and 550 stationed there by 2015 (undisclosed number of personnel added last year to "establish core" of new expeditionary wing, minister's office says, and the government is "committed to adding personnel as the operational tempo permits").<br><br>(AP)

  • Economic/Budget Measures

    - Long-term plan or program, with municipalities and provinces, for building public infrastructure once the Building Canada plan expires in 2014.<br><br>- National securities regulator (Supreme Court ruled in December a national regulator would infringe on provincial jurisdiction, but federal efforts to negotiate a deal with the provinces continue).<br><br>- Income-splitting for families with children under 18 years of age -- allowing couples to share up to $50,000 in income (to be implemented when/if the federal deficit is eliminated).<br><br>- Children's fitness tax credit to be doubled and made refundable (contingent on eliminating federal deficit).<br><br>- Adult fitness tax credit (up to $500 of eligible activities, contingent on eliminating federal deficit).<br><br>- Tax-free savings accounts to see doubling of annual eligible savings, up to $10,000 (contingent on eliminating federal deficit).<br><br>- Employment insurance benefits for parents of gravely ill children (nothing announced to date).<br><br>- Relocation for the head office for the Canada economic development agency for Quebec regions "to a centre or centres appropriate to all regions of the province" (it's still in Montreal, and the minister's office says "we are at the stage where we are considering all of the options").<br><br>- Legislation to implement the Canada-Quebec accord on offshore resources (brief mention in text of 2012 budget).<br><br>- New national farm and food strategy (no announcement yet).<br><br>(Alamy)

  • Justice Measures

    - Anti-terrorism legislation to reinstate powers like preventative arrest and secret investigative hearings, and make it illegal to leave Canada to participate in terrorist-sponsored training or other activities (S-7 currently before Senate committee).<br><br>- Legislation to streamline the process for deporting foreign criminals, including the opportunities for appeal (not introduced yet, expected "in a few short months").<br><br>- Doubling of victim surcharge that convicted criminals must pay (bill C-37 introduced April 24).<br><br>- Legislation to combat elder abuse by adding it as an aggravating factor in sentencing (bill C-36 introduced March 15).<br><br>- Legislation to clarify self-defence and property rights/citizen's arrest provisions (bill C-26 concurred at report stage April 24).<br><br>- Legislation to "give law enforcement and national security agencies up-to-date tools to fight crime in today's high-tech communications environment" (bill C-30 introduced Feb. 14, but stalled after receiving negative feedback). The campaign platform pledged to fulfil this within "100 sitting days of Parliament," which suggests a March deadline, now passed.<br><br>- Measures to combat drug abuse in prisons (no announcement yet).<br><br>- End to sentencing discounts for multiple child sex offences and child pornography charges (no announcement yet).<br><br>- Mandatory jail sentences for those with repeat convictions for contraband tobacco, and a new RCMP anti-contraband force of 50 officers (no announcement yet).<br><br>- National action plan to combat human trafficking (no announcement yet, but private member's bill C-310 to amend the Criminal Code to strengthen measures against human trafficking passed at third reading in the House April 27 and is now before the Senate).<br><br>- New law enforcement mandate for Canada's Coast Guard, to allow them to enforce federal laws on oceans and the Great Lakes, including new armed capabilities on board Coast Guard vessels and armed boarding teams (no annoucement yet).<br><br>- Legislation to allow sentencing courts to order the deportation of convicted criminals upon completion of sentence or parole eligibility, and to remove the requirement of the prisoner's consent for transfer to complete a sentence abroad (no announcement yet).<br><br>(Alamy)

  • Environmental And Community Measures

    - National conservation plan (consultations currently underway at Commons environment committee).<br><br>- "Social impact bonds" to help raise money for worthwhile community projects (2012 budget said HRDSC was "exploring social finance instruments" for an announcement at a later date).<br><br>- Funding for a "volunteer-matching" service through Volunteer Canada (2012 budget ends federal funding for the national volunteer community service organization Katimavik).<br><br>- Defibrillators for every hockey rink in Canada, and training for using them (no announcement yet).<br><br>- Hunting advisory panel, to consult with environment minister on issues concerning hunting and fishing (no announcement yet).<br><br>- Review of the Species at Risk Act to ensure landowners receive fair compensation when their property is affected (no announcement yet, however the 2012 budget implementation bill does amend the Species at Risk Act).<br><br>(CP)

  • Senate Reform And Accountability Measures

    - Legislation to set term limits for senators and provide a framework for Senate elections (C-7 introduced June 2011 but has not progressed further -- and on May 1, Quebec government announced a constitutional challenge of this Senate reform bill).<br><br>- Legislation to publish the salaries of First Nations chiefs and councillors (C-27 introduced Nov. 2011 but has not progressed further).<br><br>- Measures to implement Canada's commitment to the "open government initiative" (ongoing).<br><br>(CP)

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