Pharmacare, dental care among quid pro quos in NDP’s deal to prop up minority Liberals until 2025

By Cristin Schmitz

Law360 Canada (March 22, 2022, 1:05 PM EDT) -- Declaring voters want to see their elected representatives eschew “toxic partisanship” and hyper-polarization in Parliament by working together to “get things done for Canadians,” Prime Minister Justin Trudeau has announced that his minority Liberal government will work with Jagmeet Singh’s NDP to bring in new pharmacare and dental care programs — along with other priorities agreed on by the parties — with the NDP pledging its support on “confidence and budgetary matters” until June 2025 — except if the NDP believes the government has breached their written agreement.

Speaking at a morning news conference in Ottawa, Trudeau announced the three-year deal, effective March 22, which is slated to run until the scheduled end of Parliament in mid-2025. The agreement, described by the two parties as one of “supply and confidence,” does not create a formal coalition government as the NDP is not getting any seats within the federal cabinet.

“What this means is that during this uncertain time, the government can function with predictability and stability, present and implement budgets to get things done for Canadians,” Trudeau told Parliament Hill reporters.

“Nobody benefits when increasing polarization, dysfunction or obstruction dominate our Parliament, when a toxic partisanship prevents us from agreeing on simple truths and facts,” the prime minister said. “When Parliament doesn't work properly, progress stalls on the important and urgent issues Canadians expect solutions to.”

Trudeau said the deal — denounced as a power grab by the other main opposition parties — focuses “on what we agree on, instead of what we disagree on; on what unites us, instead of on what divides us.”

The prime minister assured Canadians that “every piece of legislation will continue to get the scrutiny it merits. Committees will continue to do their essential work, and members of Parliament will continue representing their constituents and holding the government to account.”

NDP Leader Jagmeet Singh

NDP Leader Jagmeet Singh

NDP Leader Jagmeet Singh echoed that assurance at a Hill news conference March 22, stating his party is entering the deal with goodwill but will “keep fighting” and not let the Liberal government “off the hook” in Parliament.

“If they fall short on what we've agreed to, then the deal doesn’t continue,” Singh said. “If they don't deliver on what we have fought for — if they don't deliver on what Canadians need right now — then they have not held up their side of the bargain. But I’m going into this with a strong conviction that we can get this done.”

The Liberal-NDP agreement released by the Prime Minister’s Office (PMO) indicates it comprises:

A Parliament that works for Canadians:

“The arrangement lasts until Parliament rises in June 2025, allowing four budgets to be presented by the government during this time. To ensure co-ordination on this arrangement, both Parties commit to a guiding principle of ‘no surprises’.

“The agreement will mean that the NDP agrees to support the government on confidence and budgetary matters — notably on budgetary policy, budget implementation bills, estimates and supply — and that the Liberal Party commits to govern for the duration of the agreement.

“The NDP would not move a vote of non-confidence, nor vote for a non-confidence motion during the term of the arrangement,” the PMO’s statement says. “Other votes which impede the government from functioning may be declared confidence by the government, in which case the government will commit to informing the NDP as soon as possible if a vote will be declared confidence, and the NDP will inform the government of their vote intentions before declaring publicly to permit discussions around confidence to take place.”

With respect to work in parliamentary committees: “To ensure committees are able to continue their essential work, both parties agree to communicate regarding any issues which could impede the government’s ability to function or cause unnecessary obstructions to legislation review, studies and work plans at committees.

Both parties agree to the minimum standing meetings: leaders meeting at least once per quarter; regular House leader and Whip meetings; and “monthly stock-take meetings by an oversight group” consisting of “a small group of staff and politicians” who will “discuss overall progress on key commitments and upcoming issues.”

“In addition to briefings provided by the public service and ministers on policy matters related to the arrangement, including the budget and legislation, the government will ensure public servants remain available to brief the NDP on other matters Briefings should be done in a timely fashion to allow for constructive feedback and discussion.”

The two parties agree that parliamentary debate “is essential” and to “identify priority bills to expedite through the House of Commons, including by extending sitting hours to allow for additional speakers, if needed. The NDP will support a limited number of programming motions to pass legislation that both parties agree to” in order to “ensure Parliament continues to function in the interest of Canadians.”

The Liberals and NDP agree “to prioritize the following actions, while continuing to work on other possible shared priorities through the oversight group”:
  • A better health-care system: “Launching a new dental care program for low-income Canadians” which “would start with under 12-year-olds in 2022, then expand to under 18-year-olds, seniors and persons living with a disability in 2023, then full implementation by 2025.” The program “would be restricted to families with an income of less than $90,000 annually, with no co-pays for anyone under $70,000 annually in income.”
  • “Continuing progress towards a universal national pharmacare program by passing a Canada Pharmacare Act by the end of 2023, and then tasking the National Drug Agency to develop a national formulary of essential medicines and bulk purchasing plan by the end of the agreement.”
  • Additional ongoing investments will be needed in the immediate future to address these pressures. “We will work with the provinces and territories to determine how together we can deliver better health outcomes for Canadians, including more primary care doctors and nurses, mental health support, aging at home, and better data” and “tabling a Safe Long-Term Care Act to ensure that seniors are guaranteed the care they deserve, no matter where they live.

Making life more affordable for people:  
  • Extending the Rapid Housing Initiative for an additional year.
  • Refocusing the Rental Construction Financing Initiative on affordable units (under 80% AMR) and use 80% AMR or below as definition of affordable housing.
  • Moving forward on launching a Housing Accelerator Fund.
  • Implementing a Homebuyer’s Bill of Rights and tackling the financialization of the housing market by the end of 2023.
  • Including a $500 one-time top-up to Canada Housing Benefit in 2022 which would be renewed in coming years if cost of living challenges remain.
  • Through introducing an Early Learning and Child Care Act by the end of 2022, ensuring that childcare agreements have long-term protected funding that prioritizes non-profit and public spaces, to deliver high quality, affordable child care opportunities for families.

Tackling the climate crisis and creating good paying jobs:
  • Advancing measures to achieve significant emissions reductions by 2030 compared to 2005 levels. Continuing to identify ways to further accelerate the trajectory to achieve net-zero emissions no later than 2050.
  • Moving forward in 2022 on the creation of the Clean Jobs Training Centre to support workers retention, redeployment and training.
  • Moving forward with “Just Transition” legislation, guided by the feedback we receive from workers, unions, Indigenous peoples, communities and provinces and territories.
  • Developing a plan to phase-out public financing of the fossil fuel sector, including from Crown corporations, including early moves in 2022.
  • Moving forward in 2022 on home energy efficiency programs that both enhance energy affordability for Canadians and reduce emissions, with investments to support multiple streams including low-income and multiunit residential apartments. “We will also ensure that this funding includes support for creating Canadian supply chains for this work to ensure the jobs stay in Canada and that we create the skills to export these valuable energy efficiency products around the world.”

A better deal for workers:
  • Ensuring that the 10 days of paid sick leave for all federally regulated workers starts as soon as possible in 2022.
  • Introducing legislation by the end of 2023 to prohibit the use of replacement workers, “scabs,” when a union employer in a federally regulated industry has locked out employees or is in a strike.

Reconciliation:
  • Making a significant additional investment in Indigenous housing in 2022. It will be up to First Nations, Inuit and Métis communities to determine how housing investments are designed and delivered.
  • Accelerating the implementation of the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People with Indigenous partners and creating a standing Federal-Provincial-Territorial table on Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People to facilitate and co-ordinate this work.
  • Providing the necessary supports for First Nations, Inuit and Métis communities who wish to continue to undertake the work of burial searches at the former sites of residential schools.

A fairer tax system:
  • Moving forward in the near term on tax changes on financial institutions who have made strong profits during the pandemic.
  • Implementing a publicly accessible beneficial ownership registry by the end of 2023.

Making democracy work for people:

“Recognizing our shared commitment to maintaining the health of our democracy and the need to remove barriers to voting and participation, we will work with Elections Canada to explore ways to expand the ability for people to vote, such as: an expanded ‘Election Day’ of three days of voting; allowing people to vote at any polling place within their Electoral District; improving the process of mail-in ballots to ensure that voters who choose this method of voting are not disenfranchised; we commit to ensuring that Quebec’s number of seats in the House of Commons remains constant.”

If you have any information, story ideas or news tips for The Lawyer’s Dailyplease contact Cristin Schmitz at Cristin.schmitz@lexisnexis.ca or call 613 820-2794.