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Jobs and Growth Act
Parliament-Ottawa.jpg
Parliament of Canada
A second 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 December 14, 2012
Legislative history
Bill citation Bill C-45
Introduced by Jim Flaherty, Minister of Finance
First reading October 18, 2012
Second reading October 31, 2012
Third reading December 5, 2012
Committee report November 26, 2012

The Jobs and Growth Act, 2012 (often called Bill C-45) was a law passed by the Parliament of Canada. It became law in December 2012. This Act was a very large bill, meaning it changed many different laws at once. It was the second big bill introduced by the government in 2012 to put their budget plans into action.

Both this bill and another one passed earlier in 2012 were quite controversial. People debated them because they were very long (over 450 pages each). They also contained many changes that were not directly about money or the economy.

What Was in the Jobs and Growth Act?

The Jobs and Growth Act was like a giant package of changes to many different laws. It was divided into several main parts. Here are some of the key areas it covered:

Changes to Taxes and Money Rules

  • Income Tax: The Act made some changes to how income tax works for Canadians. These changes were part of the government's budget plan from March 2012.
  • Sales Tax: It also updated rules for the Goods and Services Tax (GST) and Harmonized Sales Tax (HST). This mainly affected how these taxes applied to financial services.
  • Sharing Money with Provinces: The law allowed the government to share tax information with provinces and territories. This helped them manage how money was shared across Canada.

Updates to Important Canadian Laws

The Act included many other changes to various laws. These changes were grouped into a large section called Part 4. Some of the notable updates included:

  • Financial Institutions: It changed rules to allow certain public investment groups to invest directly in Canadian banks and other financial companies.
  • Shipping Rules: Updates were made to the Canada Shipping Act, 2001. This allowed international shipping rules to be easily included in Canadian laws.
  • Protecting Canada's Banks: The Act helped keep Canada's financial system strong. It changed rules for how banks handle certain contracts if a bank needs help.
  • Fisheries Act Changes: Important changes were made to the Fisheries Act. This law protects fish and their habitats. The changes affected rules about stopping fish passage and how money from environmental damages is used.
  • Canada Pension Plan: The law updated the rules for the Canada Pension Plan. This is a program that helps Canadians save for retirement.
  • Indian Act Changes: The Act changed how voting and approval procedures worked for land decisions on First Nations reserves. This was a very debated part of the bill.
  • Employment Insurance: It offered a temporary refund for small businesses on a part of their Employment Insurance premiums. This helped smaller companies save some money.
  • Immigration Rules: The Act introduced a new electronic travel authorization for people visiting Canada.
  • Navigable Waters Protection Act: This part of the bill changed the Navigable Waters Protection Act. This law protects Canada's waterways. These changes were very controversial.

Debate Over Waterway Protections

One of the most talked-about parts of the Jobs and Growth Act was the changes to the Navigable Waters Protection Act. This old law, first made in 1882, protected Canada's lakes, rivers, and streams. It made sure that projects like bridges or pipelines would not block boats or harm the environment.

Why the Changes Were Made

The government said these changes would make it easier to build projects. They argued it would remove unnecessary rules that slowed down important construction. They believed it would help the economy by making it simpler to develop land near waterways.

Why People Were Worried

Many people, including opposition parties and environmental groups, were very concerned. They argued that the changes would remove protection from thousands of lakes and streams. This meant that many waterways would no longer be federally protected from things like pipelines, dams, or other developments.

The Green Party said that the changes weakened Canadians' historic right to use waterways freely. They worried that if a body of water was not specifically listed in the new law, it would lose its protection.

Amnesty International also spoke out. They said that changes to laws like the Canadian Environmental Assessment Act, the Fisheries Act, and the Navigable Waters Protection Act could deeply affect the rights of Indigenous peoples. These rights are protected by treaties and the Canadian Constitution.

[F]ederal legislative agenda that goes far beyond the Department of Aboriginal Affairs. Changes to the Canadian Environmental Assessment Act, the Fisheries Act, and the Navigable Waters Act, along with the proposed Safe Drinking Water for First Nations Act, to name only a few examples, all have profound implications for the rights of Indigenous peoples as set out in Treaties, affirmed in the Canadian Constitution, and protected by international human rights standards.

—Amnesty International

Debate Over Indian Act Changes

Another highly debated part of the bill was the changes to the Indian Act. This law affects Indigenous peoples in Canada. The changes were about how decisions are made regarding land on First Nations reserves.

Concerns from Former Prime Minister Paul Martin

Former Prime Minister Paul Martin strongly disagreed with these changes. He said the government did not talk to First Nations communities enough about them. He felt that most communities were against the changes to how land decisions were made.

Martin pointed out that the old rules for privatizing (selling or leasing) reserve lands required a "double majority." This meant a majority of people who voted, and also a majority of all community members, had to agree. He argued that the new rules could allow a very small number of people to make big decisions for the whole community. He was upset that these important changes were "simply slipped into a budget bill" without proper discussion.

The old way of deciding whether there could be privatization of these lands was that you had to have a double majority. You had to have majority of those who voted, and of those in the community, which is not unreasonable given low voting levels. What the government did was [to establish] that now 20 or 30 people, if they’re the only ones who voted out of a thousand, can decide the issue.

The Idle No More Movement

The changes to the Indian Act in Bill C-45 helped spark the Idle No More protest movement. This movement was formed by Indigenous peoples and their allies. They protested against Bill C-45 and other concerns about Indigenous treaty rights.

A Different View on the Changes

Tom Flanagan, a political scientist who used to advise former Prime Minister Stephen Harper, had a different view. He argued that the changes to the Indian Act would actually help First Nations. He believed they would make it faster and easier to approve land leases. This could be good for communities that want to lease parts of their reserves for things like shopping centers, businesses, or housing. He said the old process was often too slow and expensive.

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