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Jobs, Growth and Long-term Prosperity Act
Parliament-Ottawa.jpg
Parliament of Canada
An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures
Enacted by House of Commons
Enacted by Senate
Date of Royal Assent June 29, 2012
Legislative history
Bill citation Bill C-38
Introduced by Jim Flaherty, Minister of Finance
First reading April 26, 2012
Second reading May 14, 2012
Third reading June 18, 2012
Committee report July 7, 2012

The Jobs, Growth and Long-term Prosperity Act, also known as Bill C-38, was a big law passed by the Parliament of Canada. It was introduced by Jim Flaherty, who was the Minister of Finance at the time. This law was part of the government's plan to put the 2012 budget into action.

Bill C-38 was called an "omnibus bill" because it changed many different laws at once. It was very long, about 450 pages, and included changes that weren't just about money. This made some people, like Elizabeth May from the Green Party, worried. She felt that Canadians didn't know how much the bill would affect their lives. She also thought the government was rushing the bill through Parliament too quickly.

What Was in Bill C-38?

Bill C-38 made changes to many different laws across Canada. Part of it dealt with income tax, but it also changed rules about the environment, energy, and even how some government groups work.

Key Changes in Laws

The bill changed many important laws, including:

  • The Income Tax Act
  • The Environmental Violations Administrative Monetary Penalties Act
  • The National Energy Board Act
  • The Fisheries Act
  • The Canadian Environmental Protection Act 1999
  • The Species at Risk Act
  • The Parks Canada Agency Act
  • The Employment Insurance Act

Government Groups Affected

Bill C-38 also closed down some government groups. For example, it dissolved the Public Appointments Commission. It also closed the Canadian Artists and Producers Professional Relations Tribunal. Its duties were moved to the Canada Industrial Relations Board.

International Agreements

The bill helped put into action an agreement between Canada and the United States. This agreement was about working together on law enforcement in the waters between the two countries.

Laws That Were Removed

Bill C-38 also removed several existing laws. These included the Canadian Environmental Assessment Act and the Kyoto Protocol Implementation Act. It also removed the Department of Social Development Act, which meant the National Council of Welfare was eliminated.

Auditor General's Role

The bill changed some of the duties of the Auditor General of Canada. This office checks how the government spends money. Bill C-38 removed the need for the Auditor General to do annual financial checks on some groups. It also stopped them from checking performance reports of two agencies.

Why Bill C-38 Was Challenged

Many parts of Bill C-38 caused concern, especially those related to the environment and natural resources. Critics argued that the bill made it easier for companies to extract resources like oil and gas. They felt it did this by weakening environmental protections.

Changes to Environmental Assessments

Canadian Environmental Assessment Act Changes

The Canadian Environmental Assessment Act was a law that required projects to be checked for their environmental impact. Bill C-38 changed this. It narrowed down what counts as an "environmental effect." Now, it mainly focused on effects on fish, specific aquatic species, and migratory birds. Broader impacts were only considered if they were on federal lands, affected Indigenous peoples, or were directly linked to a federal approval.

Canadian Environmental Assessment Agency Role

The Canadian Environmental Assessment Agency is the group that decides if an environmental check is needed. After Bill C-38, the Agency had only 45 days to make this decision. Environmental checks were no longer required for projects that received federal money. The Minister in charge was given a lot of power to decide if an assessment was needed. New rules also allowed the federal government to let provinces do these assessments. Also, the Cabinet could now overrule decisions made by the Agency.

Environmental Protection Changes

Canadian Environmental Protection Act Changes

This act deals with protecting the environment. Before Bill C-38, permits for disposing waste at sea lasted one year. After the bill, these permits could be renewed four times. Also, time limits that protected species at risk from industrial harm became open-ended. This meant there was no longer a set deadline for these protections.

Kyoto Protocol Implementation Act Repealed

The Kyoto Protocol Implementation Act was a law that made the government responsible for reporting on climate change policies. Bill C-38 removed this law completely. This meant the government was no longer required to report on its climate change actions.

Fisheries and Water Protections

Fisheries Act Changes

The Fisheries Act protects fish and their habitats. Bill C-38 changed this law to protect fish only if they were important for "commercial, recreational, and Aboriginal fisheries." This meant that fish habitat protection became a much lower priority. Many people, including former fisheries ministers, were very worried about this change.

Experimental Lakes Area Closure

Bill C-38 also cut funding for the Experimental Lakes Area (ELA) in northwestern Ontario. This research center was known worldwide for studying freshwater. Without funding, the ELA was set to close. This closure caused a lot of concern among scientists.

Impact on Marine Mammal Research

In 2012, the government also closed the Department of Fisheries' contaminants program. This led to the loss of Dr. Peter Ross and his team, who were experts in marine mammal toxicology. They had spent many years studying toxins in oceans and animals like killer whales.

Energy and Resource Development Laws

Navigable Waters Protection Act Changes

The Navigable Waters Protection Act helps protect waterways that boats can use. Bill C-38 made pipelines and power lines exempt from this law. This meant that these projects would not need to follow the same rules when crossing navigable waters. The National Energy Board also took over some of the duties of this act when pipelines crossed waterways.

National Energy Board Act Changes

The National Energy Board Act was changed to limit how long the National Energy Board (NEB) could review projects. Reviews were limited to two years. After that, the Cabinet could reverse the NEB's decisions. This included reviews for big projects like the Northern Gateway Pipeline.

Species at Risk Act (SARA) Changes

The Species at Risk Act (SARA) protects endangered species and their homes. Bill C-38 changed SARA so that the National Energy Board did not have to set conditions to protect critical habitats for projects it approved. Also, companies no longer had to renew permits for projects that threatened critical habitats. This worried groups like the David Suzuki Foundation.

Parks Canada Agency Act Changes

The Parks Canada Agency Act manages Canada's national parks. Bill C-38 reduced the reporting requirements for Parks Canada, including the annual report. It also led to job cuts for many Parks Canada workers. Environmental monitoring and restoration in places like the Gulf Islands National Park were also reduced.

Canadian Oil and Gas Operations Act Changes

This act deals with oil and gas operations. Bill C-38 changed it to exempt pipelines from the Navigational Waters Protection Act.

Coasting Trade Act Changes

The Coasting Trade Act was changed to encourage seismic testing. This type of testing is used to find oil and gas deposits, allowing for more offshore drilling.

Nuclear Safety Control Act Changes

The Nuclear Safety Control Act deals with nuclear safety. Environmental assessments for nuclear projects were moved to the Canadian Nuclear Safety Commission. Critics argued this was a problem because the Commission is also responsible for licensing nuclear projects, creating a conflict of interest.

Agriculture and Food Safety

Canada Seeds Act Changes

The Canada Seeds Act ensures the quality of seeds. Bill C-38 changed this law so that private companies, called "authorized service providers," would inspect seed crops instead of Canadian Food Inspection Agency inspectors.

Agriculture Programs Affected

The Prairie Farm Rehabilitation Act used to manage publicly owned grasslands for community pastures. This allowed farmers to use their good land for crops. Bill C-38 ended this program. Also, the Centre for Plant Health in Sidney, BC, which was important for testing plants for viruses, was moved. This move was seen as risky because it placed the center closer to important fruit and wine regions.

Environmental Research and Monitoring

National Round Table on the Environment and the Economy

The National Round Table on Environment and Economy (NRTEE) was a group that brought together leaders from different areas to give advice on environmental policies. Bill C-38 closed down the NRTEE. This left a gap in getting non-political advice on Canada's economic development and the environment.

Water Programs and Surveys Cut

Environment Canada saw cuts to several water-related programs. This included programs that promoted or monitored how efficiently water was used. The Municipal Water and Wastewater Survey, which was the only national study of water use habits, was also cut after being in place since 1983.

Monitoring Pollution Reduced

The Environmental Effects Monitoring Program by Environment Canada was also cut by 20 percent. This program systematically measured the quality of waste discharged, including from mines and pulp mills.

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