BC FORUM News BC FORUM: The Harper Government’s “Ominous” BILL, C-38, goes far beyond typical tax and spend measures By Dave Gill, Vice-President BC FORUM June, 2012 - Canadians have been reading headlines this spring telling them “billions of dollars will be saved” with the Harper Conservative government’s spring budget. But how can cutting public services, denying fair wages for workers and “streamlining” environmental reviews to favour major industrial projects benefit Canadians? These are just three of the elements of the massive Bill C-38, an omnibus bill described as a Trojan Horse by the Opposition NDP, that have been revealed as the “budget implementation bill” makes it’s way through Parliament. It is becoming very clear that the Harper government is going beyond typical tax and spend measures often seen in budget bills and this bill’s far-reaching details affect everything from Employment Insurance, Old Age Security and federal labour laws to the environment, charities, fish habitat and much-needed public services. What is now being expedited through the House of Commons by the majority Conservatives is an ominous collection of legislation and policies that will not face the scrutiny it deserves through standard debate. C-38 is a 425-page bill with more than 60 laws and regulations that eliminate or drastically change protections, services and processes Canadians have fought for over many years and are worth preserving. There is one small piece of good news – a planned expansion of exemptions from GST or HST on some goods and services. A second bill is planned for the fall to further implement the Harper government policies that were presented in their February budget. A short list of some of the contents of Bill C-38 are featured below. EI Board of Referees eliminated The government wants to remove the definition of “suitable work” from the Employment Insurance Act and give the Cabinet the power to define both “suitable work” and “reasonable efforts to find work”. The government wants to eliminate the “Board of Referees”, currently structured from an equal number of representatives chosen by employers and labour that hears appeals challenging E.I. Commission rulings (which currently has about 1000 part time members serving in 83 areas of Canada) and, instead, appoint a 74 member “Social Security Tribunal” that also hears Canada Pension Plan and Old Age Security appeals. Federal construction workers no longer protected by Fair Wages Act Bill C-38 will wipe out the 1985 “Federal Wages and Hours of Labour Act” that compelled contractors bidding on federal construction contracts to pay “fair wages” and overtime to their workers. As a result, wages will be driven down for construction workers. Combined with other legislation recently brought in by the Conservative government, this change opens the door for federal construction jobs to be filled by temporary foreign workers. Eligibility for Old Age Security to rise The age of eligibility for OAS will gradually rise to 67 from 65 starting in 2023. By default, this change will also raise to 67 the age of eligibility to receive Guaranteed Income Assistance (GIS), ultimately challenging other levels of government to meet the financial shortfalls seniors who are unable to work after 65 will experience as they wait for OAS to kick-in. Environmental assessment process overhauled Written into the Bill as “measures related to responsible resource development”, the Canadian Environmental Assessment Act 2012 was drafted without any public consultation. The Harper Conservatives want a “one project, one review” time-limited environmental assessment system that won’t necessarily include any public input. Critics fear it is too closely aligned with resource extraction industry goals and gives the government too much arbitrary power and control in decision-making, leaving the public out-of-the-loop. Less oversight by the Auditor General The Auditor General will have less oversight to review and audit several government agencies, including the Canadian Centre for Occupational Health and Safety, the Canadian Transportation Accident Investigation and Safety Board and the Canadian Food Inspection Agency, that will now be required to submit their financial reports directly to the Minister instead of undergoing review by the Auditor General. Charities prohibited from spending funds on political activities Bill C-38 proposes that income tax rules be changed in a manner that would prohibit non-profit organizations with charitable status from spending more than 10% of their total budgets on “political activities”. Some think that this provision is intended to limit the ability of environmental groups to comment on proposed government activities. Fisheries Act gutted Provisions in the Federal Fisheries Act that previously provided protection for fish habitat will be eliminated and replaced with provisions favouring the commercial, recreational and aboriginal fishery industries. Critics, including former Conservative Fisheries Minister Tom Siddon, are outraged at the Harper attack on the fisheries and the obvious lack of effective consultation with major stakeholders whose aim is the protection of one of Canada’s most valuable resources. Border Security Bill C-38 creates new law to implement a framework agreement on integrated cross-border maritime law enforcement operations with the United States. Pubic Service cuts Bill C-38 closes several government departments and agencies, and significantly reduces or eliminates the staffing in many others, such as the Coast Guard station in Kitsilano in Vancouver and in Tofino on Vancouver Island, National Parks, Service Canada offices, food inspection and fisheries scientist. BC FORUM encourages readers, if you have the fortitude, to read the Bill in its entirety here. | 
