Bill S-12 (Historical)

Incorporation by Reference in Regulations Act

An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations

This enactment amends the Statutory Instruments Act to provide for the express power to incorporate by reference in regulations. It imposes an obligation on regulation-making authorities to ensure that a document, index, rate or number that is incorporated by reference is accessible. It also provides that a person is not liable to be found guilty of an offence or subjected to an administrative sanction for a contravention relating to a document, index, rate or number that is incorporated by reference unless certain requirements in relation to accessibility are met. Finally, it makes consequential amendments to the Statutory Instruments Regulations.

Incorporation by Reference in Regulations Act

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I am honoured to be here this evening with everyone to discuss Bill S-12 on existing rules for many products and on very specific and even very technical issues.

I will make most of my comments in English and I will try to understand not only the substance of this Senate bill, but also the future process for Canadians who will be affected by this statute.

In general, an important distinction to make is that the official opposition, through the good work of our member for Gatineau, will support the bill through to second reading and study at committee.

Some have called the bill a technical housekeeping bill. It attempts to bring together a number of different ideas and allows for certain powers that are meant to help the Canadian economy, regulatory authorities and government to have some sort of consistent standards.

We heard from my friend from Saanich earlier that there may be some concerns as to the supremacy of Parliament to continue to make standards that fit with our traditions and our cultural institutions.

We have also raised some significant questions that bear consideration at committee as to what “accessibility” will actually mean once this bill becomes law, as it seems it might. We never would want to say a piece of legislation is not of great urgency, but this is one of the pieces of legislation that the government saw fit to begin the midnight sittings.

I know all my hon. colleagues across the way love midnight sittings and are keen for them. They are chest-thumping right now as I speak and it is the more the merrier. Maybe we could see the clock at 11:50 p.m., if there were some sort of consideration to this.

The important thing in looking at the way the bill has come together is that the source has to be mentioned. There may be some openness to my earlier suggestion. We may or may not test the room a little later.

However, the source of this bill is important, as it is comes from the Senate. There is a lot going on in the Senate right now. It is not focused like a laser. The NDP and Canadians might argue that it is having some institutional challenges. Therefore, while the bill itself might seem somewhat innocuous and neutral in tone, its source is given new suspicion because Canada's so-called chamber of sober second thought might not be so sober these days and might not be giving much second thought to things because of the preoccupation of accounting practices and the recent involvement of the Prime Minister's Office in trying to manage certain problems for the government.

The government uses private members' legislation quite frequently to move what are obviously parts of the government agenda. Rather than using the many tools available to it, it goes through a back door, through the private members' bill route.

The government is also increasingly uses the Senate to introduce bills that fit into the government's particular mandate, and the scrutiny, if one can call it that, that goes on in the Senate is obviously much less. The amount of oversight from the public and the amount of openness from the red chamber is greatly diminished.

While this is a technical bill, its implications actually have a great effect on the everyday lives of people and the businesses and people who we seek to represent. It sets out the rules and how rules will then be incorporated from regulations and standards.

With respect to my friend from Okanagan—Coquihalla, over a number of elections there has been much turnover in this place. We sometimes lament that because we lose that institutional knowledge from time to time, the wisdom and experience. However, it also brings in new energy and excitement for particular committees, of which there is little to be found. I am glad we found a new member from British Columbia who brings the rigour and excitement to the regulations and standards committee, a committee wherein sometimes it is a straw-drawing exercise as to who ends up there, yet it is fundamentally important.

The committee is not often fought over, not the way one would usually fight over appointments to committee, but the scrutiny of regulations committee is a vital committee to a lot of businesses that rely on this. There might not be a wide audience for this debate tonight because it is a niche market one might say. However, those who are interested are extremely interested in what Parliament will do with this legislation and that we get it right.

What is important and at the heart of the matter is a bill originating from the unaccountable, unelected and now under investigation Senate causes us to pay a bit more attention. We want to ensure that the way this legislation was put together was done right and that somebody with some seriousness was involved in its creation. This legislation has some iterations, so we will give it the serious consideration it deserves because of the impacts about which I talked.

We mentioned in the earlier discussion this evening what regulations one might extrapolate from this, such as safety equipment, sports equipment, medical equipment. If regulations drawn up in some dusty civil servant's office are done poorly and then complied with, then those regulations come to life and have some effects and in some cases very serious effects.

I had the opportunity to move a piece of private members' business in my first term here. I was early up in the lottery and moved a bill to remove a type of chemical toxin out of a product that was a softener for plastics. Lo and behold, the bill had wide appeal because it was a known carcinogen, it was an endocrine disrupter and it affected children particularly. The bill received unanimous support of the House, passed through the House, but died in the Senate now that I recall the full story.

Going through the process of seeing the legislation through, it was the regulations that industry suddenly became very excited about and it started making patently outrageous claims, as was proven in the end, because it was worried about harmonization.

The chemical we were talking about was meant to soften plastic, as I said, and it was used in the production of blood collection bags and the tubes that connected them to the patient. There was a hue and cry from the Canadian industry that said if my bill were to pass and this chemical were removed, there were no alternatives. The comment from Industry was that people would die on the operating tables in Canada because of the bill. It was a pretty strong claim and it left a number of members of Parliament wondering if they would be committing murder by voting for my bill.

Then we found out, through regulations and standards, that the Americans had already moved toward eliminating this known carcinogen and that the Europeans had been for a number of years well in advance of Canada in taking known carcinogens out of the industrial system. In the end, one could only describe it as some sort of apathy and laziness on the part of Canadian industry, which had simply not been forced or required to move to the international standard in the production of these blood bags and the tubes that connected them to patients.

It was a strange moment because it became so technical. We started with a good principle that was supported by the House, but the whole debate boiled down to and hung in the balance over some regulation and standard that we as parliamentarians had little to no knowledge of it. Most of us do not come to this place with the experience and enthusiasm of my friend from Okanagan—Coquihalla, certainly not so specific a knowledge as to know whether this chemical was required.

Needless to say, we brought in some witnesses from Europe and the United States and they corrected our Canadian industry. Our industy quickly replaced the known carcinogen and replaced it with something much more innocuous and nobody died. A few less people might have had their endocrines disrupted and maybe a bit less cancer was caused.

If this is a housekeeping bill, which it appears to be in some ways, then what happens at committee becomes quite important. As members of Parliament, we do not have the wherewithal or the particular expertise to know whether this form of regulation should be moved and whether it is static or dynamic or whether it is good for this circumstance or that. We are going to rely on expert witnesses.

We just recently had the Library of Parliament conduct a study for the official opposition. We asked the library a very simple and specific question. Of all the legislation that had been moved through the House since the Conservatives came to power and until now, not in a majority but the previous minority Parliament, of all the amendments that had been moved by any member of the opposition, what per cent had been rejected?

I thought it would be high, but I did not realize that it would be this high: 99.3% of all amendments were rejected. Some members on the other side, on the blue team, might claim that 99.3% of the amendments were terrible. I see a few votes. I hesitated to ask the question.

We need to understand where amendments come from and the process for a bill. Oftentimes, committee members rely on the testimony of the witnesses in front of us, because 99% of the time, they know more than we do. What we do as MPs is try to weigh the testimony in front of us and understand what is the most credible and what is backed up by the most evidence. We then move that into an amendment and work with the Library of Parliament to construct an amendment that would improve the bill.

If that is how the legislative process is meant to work, then clearly, if virtually 100% of all the amendments proposed and worked on by the New Democrats and the Liberals are being rejected out of hand, the process, for political reasons, is not working very well. It is no great disservice to us in the opposition alone. However, it is a disservice to the members of the Canadian public who sent us here, because we are choosing some sort of political expediency rather than accepting the idea that maybe the legislation as crafted the first time is not perfect. For a bill as technical as this one, I would hope that because it does not stir as many of those ideological and partisan motivations, the government members on the committee, who form a majority, will be open to amendments, regardless of who moves them.

If we have said that the thing is important for industry and important for the consumers who rely on the products, then certainly getting the legislation right is also important. It is important that we hand over powers to move these static and dynamic regulations up through standards, that we not duplicate the process and that we do that well. However, we should not do some sort of roughshod approach to regulations in general because sometimes, and I would suggest that this comes more from my colleagues across the way than it does from our side, in the political dynamic, all rules and regulations are treated as always bad, always inefficient and always cumbersome. Of course, that is not true. Of course, a society without rules and regulations to guide the manufacturing of products and the cleanliness of the water we seek to drink and the safety of our roads would be chaotic.

It may often be politically appealing to suggest that the problem with our economy right now is red tape. I ran a small business before getting into politics, and there were some things I encountered that made no sense. There was heavy duplication or having to answer questions that had nothing to do with the business I was running. However, I understood the general purpose and intent, which was to ensure that it was not caveat emptor only that guided and protected the consumer. It was not simply a case of picking up that package of hamburger or that new car off the lot. If the regulations are not going to protect people, and government is not going to play that role, then it is simply one's own wherewithal and the interest of the producer to always hold to higher standards. Most producers and manufacturers do, and some do not.

I represent a riding that has a large agricultural base. I can sit with the farmers and ranchers in my area, particularly on the ranching side, and they will say the same thing: they need good, solid, clear regulations. Business people often talk about clarity. They want to talk about certainty. They want to know what the rules are so that they can anticipate and make the investments they need to make over the long term so that their businesses are healthy and they can hire more people. What they do not like is uncertainty or rules that change for political reasons or some blowing-in-the-wind, weather-vane approach to the rules that guide us. Business hates that, particularly the larger they get and when they are more capital-intensive businesses.

I am now thinking of what has gone on with the Environmental Assessment Act and the Fisheries Act, which are regulations to guide industry and people to make sure that we try to balance that natural tension between the environment and the economy to ensure that while we are creating prosperity and wealth, we are not downgrading and degrading our natural ecosystem and environment, because over time, we know where that leads. We have enough examples in the world to understand that. However, I do not think, when it comes to climate change, we are taking it at all seriously in this place and perhaps in other Parliaments as well.

The government took a memo from industry, particularly from the oil and gas lobby recently, prior to last summer. The memo included 12 recommendations, requests for changes to the Environmental Assessment Act and the Fisheries Act, principally. The government moved all 12 through, but not through open debate here in the House. It moved them through omnibus legislation.

I talked to some of the industry reps about this. They had no idea they were going to get all 12 accepted. They were more in a negotiating position. They were offering up their first volley and would get something less back and would negotiate down. They were a bit shocked. The downside for industry, and I would suggest the downside for the government, is that it has eroded the faith of the public as to whether those laws are in place to protect our fisheries and our environment and whether they are strong enough. There are new doubts and aspersions cast upon the oil and gas industry writ large, the good actors and the bad. The companies that keep a good safety record and the ones that do not are all painted with the same brush. That is unfortunate for industry. That creates more uncertainty.

In the attempt to smooth over those rough edges of regulations and standards, the government ended up poisoning the conversation for many Canadians who have natural and normal considerations and concerns when talking about a large-scale development, be it the oil sands or a pipeline out of a particular place or a large mine. That does not seem right to me, and it is not balanced. It has actually drawn back the conversation a number of years, when we have spent decades building up strong and healthy protections for the environment, and almost a century for our fisheries, and they are now gone. Canadians then have to turn to other means and other understandings and conversations, because their voices are going to be heard. Whether Conservatives try to shut us down or not, it is going to happen.

In terms of this legislation and what we do when we get it to committee, it is going to be absolutely critical that the government play nice in allowing witnesses from sometimes both sides of an issue. There may be consumer protection groups, civil liberties groups and accessibility groups, as my friend from Toronto raised earlier, that may have some questions. When we talk about accessible, let us define it.

Official languages groups, I think, will absolutely be interested in this, because generally speaking, and my friend from British Columbia will verify this, international standards are written in the so-called language of business: English. While we are guided by laws in this land that should protect both official languages, there is a bit of a rub. If a consumer or an industry in a francophone community seeks to get a regulation with some clarity, are they going to pay for the translation to understand that? Is the Quebec government going to have concerns? I imagine that it will. It may be well and good to say that we have rules and laws on the books already to protect official languages, but those laws are not being applied.

There is no end to the examples from this government. Just look at the Quebec City marine rescue sub-centre. Today, the government was asked what it intends to do since the Commissioner of Official Languages said that there could be a serious problem for people who end up in trouble on the water. He said that what is in place is inadequate. The government is saying there is no problem.

However, there is a problem when a francophone on a boat has to communicate with an anglophone at a marine rescue sub-centre who knows only two or three words of French. This is unacceptable and against the law, but so it is and so it shall remain unless the government changes its policies. It is imperative that it do so.

It is not good enough to say that we have many laws to protect our two official languages. That may or may not be true. We will see what happens in committee.

I could provide a number of examples of committees where the NDP supported a bill for which the testimony and all the proposed amendments were rejected by the government. The NDP then had to vote against the bill because it was not very good. The government says that the NDP votes against everything, but that is not true. We simply want better.

The consumer confidence impact of the bill is also quite important. Canadian products are known the world over for quality and innovation. We have been on the leading edge of some of the greatest inventions and innovations in history. Yet we have seen a steady moving away from that basic science, which is concerning, both to those in industry and those in science. It is not in every case that scientists sit down in the laboratory and know the product they are going to achieve in the marketplace. That is not the way science often works. There is a litany of examples of things that we now rely upon, such as the computer, the BlackBerry or the automobile that did not start off as inventions. They started off as basic science and understanding. That needs to still be there.

As international trade is so important to Canada as a trading nation, we need to get these international standards aligned properly and make sure that the regulations and standards we design are able to fit yet do not diminish us as a nation. This is important. Everyone should agree that in the pursuit of that trade, we do not diminish ourselves and say that we will accept lower standards for health and safety or for the quality of the products we have. That would be contrary to the aspects of good and fair trade.

In this bill, we have a number of things that are important. Yet it will probably be at the committee stage when we will see the willingness of the government to do what good governments do, which is work with the opposition to make things better. There is no chance, it is just impossible to imagine, that the first incarnation of this bill was written perfectly without a comma or period out of place and without a word that needs to be taken away or added.

The New Democrats will be there to study the bill vigorously at committee and ensure that it is the best piece of legislation possible.

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, I appreciate the member's previous support of my changes to the Importation of Intoxicating Liquors Act.

One of the challenges we have is there is a not very well understood point that the House, Parliament, has sovereignty over what treaties it becomes part of to what standards are chosen.

As I said to the member for Skeena—Bulkley Valley, we have the choice, as legislators, to choose static or dynamic, depending upon what is in our best interest.

I would ask the member to keep an open mind and to visit the scrutiny of regulations committee to listen in. That committee does a very noble service by ensuring that when those statutes are translated into regulations, parliamentarians continue to scrutinize to ensure that not only are the regulations bona fide as per the statute, but that they are not unreasonably burdensome.

I would encourage the member to look at Bill S-12 as being more tools in the toolbox that would allow legislators like ourselves to decide what is in our national interest.

Bill S-12 is in our national interest based on those points.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I thank the hon. member for Okanagan—Coquihalla, whom I was very pleased to support when he brought forward legislation to free the transport of wine from one province to another.

Unfortunately, I have no enthusiasm whatsoever, but great trepidation and concern that what appears to be innocent—incorporation by reference—will do serious damage to the scrutiny of regulations in this place.

There is a reason we do not say a law is passed and then incorporate by reference large swathes of changes that do not allow the average citizen to stay on top of what is happening to laws that affect them. On the contrary, this kind of change will undermine the ability of Canadian business to know what regulations apply to them and when they have been changed.

Yes, it is true that there are systems of government that are far more efficient than democracy, but the rule of law matters in democracies, and as benign as this bill sounds, it is a dangerous move.

I cannot support Bill S-12.

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, there is an obligation by government to make sure that regulations, especially federal regulations, are available in both French and English. That is well established by the courts, and this government has honoured that in all that it does.

The second part I would like to focus on is that this is a changing world. We live in a globally competitive economy. I would like to know from this member whether or not he supports the idea of Canadian industry reaching out and trying to open up new areas, new markets, so that Canadian industry and Canadian jobs can be advanced.

I really hope the member for Winnipeg North can bear that in mind, and I am hoping this House will support Bill S-12 as it is presented.

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, I really welcome a question from a fellow member from B.C. today.

Specifically I will start with the first question: to which industry should this apply? Again, as the hon. member mentioned in his preamble, the devil is in the details. That is one of the reasons Bill S-12 proposes to allow us to use the tool in either static or dynamic form. The great part about it, and what has me excited as a legislator, is that we get to decide the appropriate path to progress forward.

The second question asked about consultation with the provinces. From my understanding, it is actually the Joint Standing Committee on the Scrutiny of Regulations that has expressed concern with the use of incorporation by reference. It wanted the government to clarify how it codified its own regulations.

I do know, through the divisions of powers and also through court and case law that if, for example, a particular activity is being done in a particular province, it is typically addressed through provincial law, meaning that the province may decide to incorporate its own incorporation by reference, but if it passes from one province to another, then it is usually governed at the federal level.

One of the great things about our federation is that there is a constant discussion about this. Again, the court and case law on these kinds of things is quite clear.

I look forward to other questions like those of the member for Skeena—Bulkley Valley.

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, it is a pleasure to rise in the House today to speak to the incorporation by reference in regulations act.

I feel I must pause for a moment and start from the very beginning. When I first arrived in Ottawa as a newly elected member of Parliament, scrutiny of regulations, or regs, as many call it, was the first committee that I served on. I was excited about it as I had expressed an interest prior on this particular committee and the very important work that it does. I soon discovered that some of my more experienced colleagues, upon hearing the news that I had joined the regs committee, were far more frequent to express condolences to me as opposed to congratulations.

Regs is not a committee that often makes headlines, and here I will digress for a brief moment. Shakespeare once famously wrote, “Thou crusty batch of nature”. As the member of Parliament for Papineau well knows, today we often express this sentiment much differently. The point I raise, as conveyed by Shakespeare, is it is not only what one says but rather how one says it that matters.

I submit that this same principle holds true for us as parliamentarians and more so when it comes to drafting technical legislation, although what we draft would probably not be seen as to rival Shakespeare. Though our intent may be clear, it is the language that we use that is of paramount importance. Unlike Shakespeare, government regulations should be able to evolve and adapt over time, along with technology and society, ensuring that the original intent be translated into language and standards that are clear and current. That is why I am here today supporting Bill S-12, the incorporation by reference in regulations act.

Members may ask what incorporation by reference is, aside from a potential new question in a future House of Commons' edition of Trivial Pursuit. Incorporation by reference, as outlined in Bill S-12, deals with a regulatory drafting technique. If the bill had a slogan attached to it, I would submit it would be called the “let us not reinvent the wheel act” when it comes to technical legislation and regulation. I would like to expand on that thought.

In Canada, we currently have many technical and highly regulated areas. Some examples of this include the regulation of medical devices, the control and collection of organs for donation and those regulations that govern shipbuilding standards. In many cases, these regulations may well be set by international or nationally recognized associations. The question is this. How do we encapsulate these regulations into legislation and, more rightfully, is there a more effective and efficient way to do that? Bill S-12 does exactly that. That is why I am here to support Bill S-12.

How does Bill S-12 work? In plain English the bill codifies the ability of government to use a commonly used drafting technique of incorporation by reference while clearly prescribing when and how the technique is to be used. Put another way, it enables regulations to incorporate external material without having to duplicate that material. by simply referencing it in the text of the regulation. This cuts down the onerous amount of material that would have to be included and duplicated in a number of regulations.

Further, by adding “as amended from time to time” to the reference of the external material, the regulation can stay current with any changes made to those standards without the regulation or legislation itself having to be amended or altered. This allows for regulations to be fluid, current and responsive. This in turn cuts down on unnecessary duplication of legislation and prevents regulations from becoming stale-dated.

Incorporation by reference is a widely used, common sense drafting technique, but this bill would legitimize it and place clear direction on its proper use.

I will provide another example of how this could work.

If a regulation provides that all hockey helmets must be manufactured in accordance with a particular Canadian Standards Association standard, the effect of that reference is to make that standard part of the regulation without actually needing to reproduce the text of the CSA standard in the regulation itself. The rules found in the Canadian Standards Association standard form part of the law, even though they are not repeated and reproduced in the regulation.

Frequently, technical standards like the Canadian Standards Association's standard used in this example are incorporated “as amended from time to time”. This means that when the Canadian Standards Association makes amendments to the standard to keep up to date with changes in technology or production methods or improvements in manufacturing and science, those changes are automatically included in the regulation; in other words, the changes made to the standard are incorporated into the regulation and become law without amending the text of the regulation. This is referred to as “ambulatory incorporation by reference”. Some people might refer to it as “dynamic incorporation by reference”.

In some cases and in certain circumstances, a legislator may desire a fluid parallel between legislation and regulation. In these circumstances, the regulations can still be frozen, based upon the regulations as they exist on a certain date. This is referred to as “static incorporation by reference”.

This means that only one particular version of the document is incorporated. In that case, regardless of what happens to the document after the regulations are made, it is only that version that is described in the regulation that is incorporated.

Incorporation by reference has become an essential tool and is increasingly relied upon by governments to more efficiently develop their regulations.

This approach also helps to standardize regulation in a universally understood language. That is of benefit to all.

Last year I was visited by representatives of the National Marine Manufacturers Association. One of the challenges expressed by the Canadian marine manufacturing industry is the difficulty they have in meeting different regulations in different markets that they need to access.

As members have heard before, I have said anything we can do to help Canadian industry access these markets, whether that means increased intergovernmental co-operation or collaboration, is a good thing and something I believe we should look at and support.

By incorporating the legislation of other jurisdictions with whom harmonization is desirable or by incorporating standards developed and respected internationally, regulations can minimize duplication and avoid repetition of the same material. It can avoid the need to reinvent the regulatory wheel, so to speak.

Incorporation by reference can minimize and even avoid undesirable barriers to trade, an issue that, as I pointed out earlier, has been identified by the Canadian National Marine Manufacturers Association.

Enactment of this legislation is a necessary, pertinent change for many of the reasons I have already outlined. These changes would also address the concerns raised by the Standing Joint Committee for the Scrutiny of Regulations that I referenced earlier.

I should also add that the joint committee will continue to have the mandate to scrutinize how incorporation by reference is being used in accordance with this bill.

I submit that the enactment of this legislation is a logical, necessary next step to incorporation by reference in regulations.

Before I close, I would like to share one further point.

I am reasonably confident that most members of the House support the principles of innovation. Marketplaces are changing at record speed. Technology and new economies are emerging rapidly. I am certain that many of us could all share examples of exciting new developments that occur in their ridings, yet increasingly when I meet with a new employer who has an exciting new product or service being offered, market access is often one of the biggest barriers to trade that is mentioned. That is in large part because regulation does not keep pace with innovation.

There are a lot of good things in Bill S-12. The Standing Joint Committee on the Scrutiny of Regulations has expressed concerns, and the government has listened to those concerns. There are more tools allowing for legislators to be able to choose, whether it be a dynamic form of incorporation by reference or a static one. Bill S-12 would allow us as legislators to have those tools for our regulatory process, not only to help open new markets but also to be able to respond to some of the international agreements that we have.

At one of the last meetings I attended with the scrutiny of regulations committee, an international accord was brought up. It is certainly a challenge for the committee and also for the government to keep up with the changes that are involved in that accord.

When the government presents something that is just common sense and is within our Canadian interest, something that would allow greater clarity and a greater understanding of the rules to allow us to be able to harmonize with other markets and encourage our industry to reach out and expand, while the term “incorporation by reference” may not make most people smile, it is an important thing.

I ask that every member in the House support Bill S-12 and move it on to the next stage. It is a common sense bill. It is a practical bill. I ask the House to support it.

[Continuation of proceedings from Part A]

The House resumed from February 13 consideration of the motion that Bill S-12, an act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, be read the second time and referred to a committee.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, as you know, our government has moved forward this week to conduct business in the House of Commons in a productive, orderly and hard-working fashion, and we have tried to work in good faith.

We began the week debating a motion to add an additional 20 hours to the House schedule each week. Before I got through the first minute of my speech on that motion, the hon. member for Skeena—Bulkley Valley interrupted with a dubious point of order to prevent the government from moving forward to work overtime. His was a bogus argument and the Speaker rightly saw the NDP delay effort as entirely devoid of merit and rejected it outright.

During its first speech opposing the motion to work hard, the NDP then moved an amendment to gut it. That amendment was defeated. The NDP then voted against the motion and against working overtime, but that motion still passed, thanks to the Conservatives in the House.

During the first NDP speech on Bill C-49 last night, in the efforts to work longer, the NDP moved an amendment to gut that bill and cause gridlock in the House. I am not kidding. These are all one step after another of successive measures to delay. During its next speech, before the first day of extended hours was completed, the NDP whip moved to shut down the House, to go home early. That motion was also defeated. This is the NDP's “do as I say, not as I do” attitude at its height.

Take the hon. member for Gatineau. At 4 p.m., she stood in the House and said, “I am more than happy to stay here until midnight tonight...”. That is a direct quote. It sounded good. In fact, I even naively took her at her word that she and her party were actually going to work with us, work hard and get things done. Unfortunately, her actions did not back up her words, because just a few short hours later, that very same member, the member for Gatineau, seconded a motion to shut down the House early.

I am not making this up. I am not kidding. She waited until the sun went down until she thought Canadians were not watching anymore and then she tried to prevent members from doing their work. This goes to show the value of the word of NDP members. In her case, she took less than seven hours to break her word. That is unfortunate. It is a kind of “do as I say, not as I do” attitude that breeds cynicism in politics and, unfortunately, it is all too common in the NDP.

We saw the same thing from the hon. member for Davenport, when he said, “We are happy to work until midnight...”, and two short hours later he voted to try to shut down the House early. It is the same for the hon. member for Algoma—Manitoulin—Kapuskasing and the hon. member for Drummond. They all professed an interest in working late and then had their party vote to shut down early. What is clear by their actions is that the NDP will try anything to avoid hard work.

It is apparent that the only way that Conservatives, who are willing to work in the House, will be able to get things done is through a focused agenda, having a productive, orderly and hard-working House of Commons. This afternoon, we will debate Bill C-51, the safer witnesses act, at report stage and third reading. After private members' hour, we will go to Bill S-12, the incorporation by reference in regulations act, at second reading.

Tomorrow before question period, we will start second reading of Bill S-14, the fighting foreign corruption act, and after question period, we will start second reading of Bill S-13, the port state measures agreement implementation act.

Monday before question period, we will consider Bill S-2, the family homes on reserves and matrimonial interests or rights act. This bill would provide protection for aboriginal women and children by giving them the same rights that women who do not live on reserve have had for decades. After question period, we will debate Bill C-54, the not criminally responsible reform act, at second reading, a bill that makes a reasonable and needed reform to the Criminal Code. We are proposing to ensure that public safety should be the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder. It is time to get that bill to a vote. We will also consider Bill C-48, the technical tax amendments act, 2012—and yes, that is last year—at third reading.

On Tuesday, we will continue the debates on Bill C-48 and Bill C-49, the Canadian museum of history act.

On Wednesday, we will resume this morning's debate on Bill C-52, the fair rail freight service act, at third reading.

On Thursday, we will continue this afternoon's debate on Bill C-51. Should the NDP adopt a new and co-operative, productive spirit and let all of these bills pass, we could consider other measures, such as Bill S-17, the tax conventions implementation act, 2013, Bill C-56, the combating counterfeit products act, Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill C-57, the safeguarding Canada's seas and skies act.

Optimism springs eternal within my heart. I hope to see that from the opposition.

Extension of Sitting Hours

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I will pick up where I left off. Obviously my hon. friend did not hear this and has not read the motion. I will respond to his macho riposte at the end of his comments by pointing out that the motion would do three things: first, it would provide for us to sit until midnight; second, it would provide a manageable way in which to hold votes in a fashion that works for members of the House; and third, it would provide for concurrence debates to happen and motions to be voted on in a fashion that would not disrupt the work of all the committees of the House and force them to come back here for votes and shut down the work of committees.

Those are the three things the motion would do. In all other respects the Standing Orders remain in place, including the Standing Orders for how long the House sits. Had my friend actually read the motion, he would recognize that the only way in which that Standing Order could then be changed would be by unanimous consent of the House.

The member needs no commitment from me as to how long we will sit. Any member of the House can determine that question, if he or she wishes to adjourn other than the rules contemplate, but the rules are quite clear in what they do contemplate.

As I was saying, the reason for the motion is that Canadians expect their members of Parliament to work hard and get things done on their behalf.

Canadians expect their members of Parliament to work hard and get things done on their behalf.

We agree and that is exactly what has happened here in the House of Commons.

However, do not take my word for it; look at the facts. In this Parliament the government has introduced 76 pieces of legislation. Of those 76, 44 of them are law in one form or another. That makes for a total of 58% of the bills introduced into Parliament. Another 15 of these bills have been passed by either the House or the Senate, bringing the total to 77% of the bills that have been passed by one of the two Houses of Parliament. That is the record of a hard-working, orderly and productive Parliament.

More than just passing bills, the work we are doing here is delivering real results for Canadians. However, there is still yet more work to be done before we return to our constituencies for the summer.

During this time our government's top priority has been jobs, economic growth and long-term prosperity. Through two years and three budgets, we have passed initiatives that have helped to create more than 900,000 net new jobs since the global economic recession. We have achieved this record while also ensuring that Canada's debt burden is the lowest in the G7. We are taking real action to make sure the budget will be balanced by 2015. We have also followed through on numerous longstanding commitments to keep our streets and communities safe, to improve democratic representation in the House of Commons, to provide marketing freedom for western Canadian grain farmers and to eliminate once and for all the wasteful and inefficient long gun registry.

Let me make clear what the motion would and would not do. There has been speculation recently, including from my friend opposite, about the government's objectives and motivations with respect to motion no. 17. As the joke goes: Mr. Freud, sometimes a cigar is just a cigar. So it is with today's motion. There is only one intention motivating the government in proposing the motion: to work hard and deliver real results for Canadians.

The motion would extend the hours the House sits from Monday through Thursday. Instead of finishing the day around 6:30 or 7 p.m., the House would sit instead until midnight.

This would amount to an additional 20 hours each week. Extended sitting hours is something that happens most years in June. Our government just wants to roll up our sleeves and work a little harder, earlier this year. The motion would allow certain votes to be deferred automatically until the end of question period, to allow for all honourable members' schedules to be a little more orderly.

As I said, all other rules would remain. For example, concurrence motions could be moved, debated and voted upon. Today's motion would simply allow committees to continue doing their work instead of returning to the House for motions to return to government business and the like. This process we are putting forward would ensure those committees could do their good work and be productive, while at the same time the House could proceed with its business. Concurrence motions could ultimately be dealt with, debated and voted upon.

We are interested in working hard and being productive and doing so in an orderly fashion, and that is the extent of what the motion would do. I hope that the opposition parties would be willing to support this reasonable plan and let it come forward to a vote. I am sure members opposite would not be interested in going back to their constituents to say they voted against working a little overtime before the House rises for the summer, but the first indication from my friend opposite is that perhaps he is reluctant to do that. Members on this side of the House are willing to work extra hours to deliver real results for Canadians.

Some of those accomplishments we intend to pass are: reforming the temporary foreign workers program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity; enhancing the tax credit for parents who adopt; and extending the tax credit for Canadians who take care of loved ones in their home.

We also want to support veterans and their families by improving the determination of veterans' benefits.

Of course, these are some of the important measures from this year's budget and are included in Bill C-60, economic action plan 2013 act, no. 1. We are also working toward results for aboriginals by moving closer to equality for Canadians living on reserves through better standards for drinking water and finally giving women on reserves the same rights and protections other Canadian women have had for decades. Bill S-2, family homes on reserves and matrimonial interests or rights act, and Bill S-8, the safe drinking water for first nations act would deliver on those very important objectives.

We will also work to keep our streets and communities safe by making real improvements to the witness protection program through Bill C-51, the safer witnesses act. I think that delivering these results for Canadians is worth working a few extra hours each week.

We will work to bring the Technical Tax Amendments Act, 2012, into law. Bill C-48 would provide certainty to the tax code. It has been over a decade since a bill like this has passed, so it is about time this bill passed. In fact, after question period today, I hope to start third reading of this bill, so perhaps we can get it passed today.

We will also work to bring Bill C-52, the fair rail freight service act, into law. The bill would support economic growth by ensuring that all shippers, including farmers, are treated fairly. Over the next few weeks we will also work, hopefully with the co-operation of the opposition parties, to make progress on other important initiatives.

Bill C-54 will ensure that public safety is the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder. This is an issue that unfortunately has affected every region of this country. The very least we can do is let the bill come to a vote and send it to committee where witnesses can testify about the importance of these changes.

Bill C-49 would create the Canadian museum of history, a museum for Canadians that would tell our stories and present our country's treasures to the world.

Bill S-14, the Fighting Foreign Corruption Act, will do just that by further deterring and preventing Canadian companies from bribing foreign public officials. These amendments will help ensure that Canadian companies continue to act in good faith in the pursuit of freer markets and expanded global trade.

Bill S-13, the port state measures agreement implementation act, would implement that 2009 treaty by amending the Coastal Fisheries Protection Act to add prohibitions on importing illegally acquired fish.

Tonight we will be voting on Bill S-9, the Nuclear Terrorism Act, which will allow Canada to honour its commitments under international agreements to tackle nuclear terrorism. Another important treaty—the Convention on Cluster Munitions—can be given effect if we adopt Bill S-10, the Prohibiting Cluster Munitions Act.

We will seek to update and modernize Canada’s network of income tax treaties through Bill S-17, the Tax Conventions Implementation Act, 2013, by giving the force of law to recently signed agreements between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland.

Among other economic bills is Bill C-56, the combating counterfeit products act. The bill would protect Canadians from becoming victims of trademark counterfeiting and goods made using inferior or dangerous materials that lead to injury or even death. Proceeds from the sale of counterfeit goods may be used to support organized crime groups. Clearly, this bill is another important one to enact.

Important agreements with the provinces of Nova Scotia and Newfoundland and Labrador would be satisfied through Bill S-15, the expansion and conservation of Canada’s national parks act, which would, among other things, create the Sable Island national park reserve, and Bill C-61, the offshore health and safety act, which would provide clear rules for occupational health and safety of offshore oil and gas installations.

Earlier I referred to the important work of committees. The Standing Joint Committee on the Scrutiny of Regulations inspired Bill S-12, the incorporation by reference in regulations act. We should see that committee's ideas through by passing this bill. Of course, a quick reading of today's order paper would show that there are yet still more bills before the House of Commons for consideration and passage. All of these measures are important and will improve the lives of Canadians. Each merits consideration and hard work on our part.

In my weekly business statement prior to the constituency week, I extended an offer to the House leaders opposite to work with me to schedule and pass some of the other pieces of legislation currently before the House. I hope that they will respond to my request and put forward at our next weekly meeting productive suggestions for getting things done. Passing today's motion would be a major step toward accomplishing that. As I said in my opening comments, Canadians expect each one of us to come to Ottawa to work hard, vote on bills and get things done.

In closing, I commend this motion to the House and encourage all hon. members to vote for this motion, add a few hours to our day, continue the work of our productive, orderly and hard-working Parliament, and deliver real results for Canadians.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue the debate on today’s opposition motion from the NDP. Pursuant to the rules of the House, time is allocated and there will be a vote after the two-day debate.

Tomorrow we will resume the third reading debate on Bill S-9, the Nuclear Terrorism Act. As I mentioned on Monday, I am optimistic that we will pass that important bill this week.

Should we have extra time on Friday, we will take up Bill C-48, the Technical Tax Amendments Act, 2012, at report stage and third reading.

When we come back from constituency week, I am keen to see the House make a number of accomplishments for Canadians. Allow me to make it clear to the House what the government's priorities are.

Our government will continue to focus on jobs, growth and long-term prosperity. In doing that, we will be working on reforming the temporary foreign worker program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity and parents who adopt; extending tax credits for Canadians who take care of loved ones in their homes; supporting veterans and their families by improving the balance for determining veterans' benefits; moving closer to equality for Canadians living on reserves through better standards for drinking water, which my friend apparently objects to; giving women on reserves the rights and protections that other Canadian women have had for decades, something to which he also objects; and keeping our streets and communities safer by making real improvements to the witness protection program. We will of course do more.

Before we rise for the summer, we will tackle the bills currently listed on the order paper, as well as any new bills which might get introduced. After Victoria Day, we will give priority consideration to bills which have already been considered by House committees.

For instance, we will look at Bill C-48, which I just mentioned, Bill C-51, the Safer Witnesses Act, Bill C-52, the Fair Rail Freight Service Act, and Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act, which I understand could be reported back soon.

I look forward also to getting back from committee and passing Bill C-60, , the economic action plan 2013 act, no. 1; Bill S-8, the safe drinking water for first nations act; and Bill C-21, the political loans accountability act.

We have, of course, recently passed Bill C-15, the strengthening military justice in the defence of Canada act and Bill S-7, the combating terrorism act. Hopefully, tomorrow we will pass Bill S-9, the nuclear terrorism act.

Finally, we will also work toward second reading of several bills including: Bill C-12, the safeguarding Canadians' personal information act; Bill C-49, the Canadian museum of history act; Bill C-54, the not criminally responsible reform act; Bill C-56, the combating counterfeit products act; Bill C-57, the safeguarding Canada's seas and skies act; Bill C-61, the offshore health and safety act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the port state measures agreement implementation act; Bill S-14, the fighting foreign corruption act; Bill S-15, the expansion and conservation of Canada’s national parks act, which establishes Sable Island National Park; and Bill S-17, the tax conventions implementation act, 2013.

I believe and I think most Canadians who send us here expect us to do work and they want to see us vote on these things and get things done. These are constructive measures to help all Canadians and they certainly expect us to do our job and actually get to votes on these matters.

I hope we will be able to make up enough time to take up all of these important bills when we come back, so Canadians can benefit from many parliamentary accomplishments by the members of Parliament they have sent here this spring.

Before taking my seat, let me formally designate, pursuant to Standing Order 81(4)(a), Tuesday, May 21, as the day appointed for the consideration in a committee of the whole of all votes under Natural Resources in the main estimates for the final year ending March 31, 2014. This would be the second of two such evenings following on tonight's proceedings.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I thank the opposition House leader for his stream-of-consciousness therapy.

Our government, however, is very focused. Our top priority is jobs, growth and long-term prosperity. With that in mind, this afternoon we will continue second reading debate on the cornerstone item of our legislative agenda, which is Bill C-60, the economic action plan 2013 act, no. 1. We will continue this debate tomorrow.

Next Monday, May 6, will be the fourth day of second reading debate on this important job creation bill, and Tuesday May 7 will be the fifth and final day.

Once debate is concluded, the House will have an opportunity to vote on the substantive job creation measures in this bill.

On Wednesday, the House will debate Bill S-8, the Safe Drinking Water for First Nations Act. This will be the fourth time this bill is debated at second reading so it is my hope and expectation that this bill will come to a vote.

With the vote, there will be another clear choice before the House. Members will be voting to allow for national standards for on-reserve drinking water. This is a question of basic equality. I know the opposition voted against equality for women on reserves when it voted against Bill S-2, matrimonial property on reserves, but I hope they have stopped grasping at excuses to oppose equal treatment for first nations and will now support Bill S-8.

While I am speaking about aboriginal affairs, allow me to take the time to notify the House that I am designating, pursuant to Standing Order 81(4)(a), Thursday, May 9, for consideration in committee of the whole all votes under Indian Affairs and Northern Development in the main estimates for the fiscal year ending March 31, 2014.

On Thursday, we will continue to advance the economic priority of our legislative agenda by debating Bill C-48, the technical tax amendments act, 2012, in the morning. Following question period on Thursday, May 9, we will continue Bill S-9, the nuclear terrorism act at third reading. I understand there is broad support for this bill, so I hope to see it pass swiftly. Then we can move on to other legislation, including: Bill C-49, the Canadian museum of history act; Bill C-51, the safer witnesses act; Bill C-52, the fair rail freight service act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the coastal fisheries protection act; and bill S-14, the fighting foreign bribery act.

Finally, Friday, May 10 will be the seventh allotted day, which I understand will be for the NDP.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I thank the opposition House leader for his very kind, thoughtful and sensitive comments and concern for our welfare over here.

This afternoon, we will continue the third reading debate on Bill S-9, the nuclear terrorism act. This will be the third time that the bill has been debated at third reading. In the previous two days that it was debated, we actually heard from the comments of the New Democrats that they were quite supportive of the bill and that they called for it to be passed without delay. We are asking them to heed their own advice and allow this matter to come to a vote. The government shares the view that it does need to proceed quickly. If we do care about giving people a safe and peaceful Easter now and in years to come, we certainly want to have this kind of legislation in place to protect Canadians and ensure their peace from nuclear terrorism. I hope the NDP will back up those words and allow a vote to occur.

Monday, April 15, when we return from the time in our constituencies, will be the first opposition day of the new supply period where I understand we will debate a motion from the NDP.

Tuesday, April 16, will be the second opposition day, and I understand we will debate a motion from the Liberals.

On the Wednesday of that week, the House will return to second reading debate of Bill S-2, the family homes on reserves and matrimonial interests or rights act. The bill would finally provide the legal protections for the women on reserve that they have lacked for far too long. This discrimination should not exist. That is why aboriginal people and even the Manitoba NDP have been calling for the passage of Bill S-2. I would hope that the federal NDP would heed that call and allow a vote to take place, giving aboriginal women rights regarding matrimonial property.

If debate on S-2 concludes, the House will then debate at report stage Bill C-15, the strengthening military justice in the defence of Canada act. I believe that this is also very close to the finish line.

Following that, we would consider Bill S-12, the Incorporation by Reference in Regulations Act at second reading. Thursday, April 18, will be another opposition day for the NDP.

Before I conclude, let me wish all the MPs and the parliamentary staff a happy Easter.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, our focus as a government is on an agenda that puts at the forefront job creation, economic growth and long-term prosperity, with a very clear focus on making our streets and communities safer. With regard to that clear agenda, we have several items to propose for the time ahead.

Today we will continue the third reading debate on Bill S-9, the nuclear terrorism act. That is a cornerstone in making our communities safer. After that, we will return to second reading debate on Bill S-12, the incorporation by reference in regulations act.

Tomorrow we will finish the second reading debate on Bill C-48, the technical tax amendments act, 2012, again resulting in a more stable and secure economy.

After we return from our constituency week on Monday, March 18, the House will consider Bill C-55, the response to the Supreme Court of Canada decision in R. v. Tse act, at report stage and third reading now that it has been reported back from committee. This is an important justice measure. I must remind the House that this legislation responds to a Supreme Court decision that takes effect over the Easter adjournment, so it is very important that we be able to pass it here and get it to the Senate for it to deal with before that time.

Once the House deals with Bill C-55, it could then consider Bills S-9 and S-12, if they are still held up in the House; Bill C-15, the Strengthening Military Justice in the Defence of Canada Act, at report stage and third reading, since that bill has now been reported back from committee; and Bill S-7, the Combating Terrorism Act, at third reading.

All these bills are necessary and important for Canadians' safety.

Wednesday, March 20, shall be the seventh and final allotted day. As a result, the House will then consider the usual supply motions and appropriation bills that evening. We will give priority to debating Bills C-15 and S-12 on Thursday and Friday, March 21 and 22.

I hope that makes clear the agenda that the opposition House leader has apparently been unable to perceive of the government, our clear agenda of delivering on job creation, economic growth, long-term prosperity and safe and secure communities for all Canadians.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue debating third reading of Bill C-42, the enhancing Royal Canadian Mounted Police accountability act, a bill that would give the RCMP the tools it needs to strengthen accountability and enhance public trust. I am puzzled why the NDP is putting up member after member to delay and block bringing accountability to the Royal Canadian Mounted Police. The New Democrats should let the bill come to a final vote so that these much-needed reforms can be put in place. In fact, the RCMP commissioner, Robert Paulson, was in front of the committee yesterday, and he called for swift passage of the bill.

If the New Democrats heed the commissioner's advice and allow the debate to conclude, we will be able to start third reading of Bill S-7, the combatting terrorism act, and help keep Canadians safe that way.

Tomorrow, we will start the second reading debate on Bill C-54, the Not Criminally Responsible Reform Act. This bill proposes to put public safety as the first and paramount consideration in the process of dealing with accused persons found to be not criminally responsible. It accomplishes this change without affecting the treatment these individuals receive.

The debate on Bill C-54 will continue next Thursday and—if necessary—on Friday. Monday, we will consider Bill C-47, the Northern Jobs and Growth Act, at report stage and third reading. We will continue that debate on Wednesday.

Tuesday, March 5, shall be the sixth allotted day, which will go to the New Democrats.

Finally, I hope that the opposition will support our hard-working approach to business so that we could also consider second reading of Bill C-48, the technical tax amendments act, 2012; the second reading of Bill S-12, the incorporation by reference in regulations act; and report stage and third reading of Bill S-9, the nuclear terrorism act.

In addition, in response to what I will take to be an invitation from the oppostion House leader, I would like unanimous consent to propose the following motion. I hope the opposition will not block it.

I move that, notwithstanding any standing order or usual practice of the House, Bill C-7, an act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits, be deemed to have been read the second time and referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read the third time and passed.

Unanimous consent for this would show that they really do care about Senate reform.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I welcome the implicit offer of assistance from the House Leader of the Official Opposition.

I look forward to discussions with him later on the possibility of moving forward both Senate reform and Bill C-12 on a unanimous consent basis straight to committee. I would be happy to do that with him.

This afternoon we will continue debating the Liberal opposition day motion. Tomorrow we will hopefully finish second reading of Bill C-48, the Technical Tax Amendments Act, 2012, a measure supported by all three parties. After that we will turn to third reading of Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act; third reading of Bill S-7, the Combating Terrorism Act; and second reading of Bill S-12, the Incorporation by Reference in Regulations Act.

When we return from our constituency week on Monday, February 25, we will start second reading of Bill C-55, the Response to the Supreme Court of Canada Decision in R. v. Tse Act. This bill needs to be passed by mid-April before the Supreme Court ruling takes effect, which would render the important powers available to police ineffective.

After Bill C-55, we will consider Friday's unfinished business.

Tuesday, February 26, shall be the fifth allotted day, which will go to the Official Opposition, and it will therefore choose the subject of debate.

On Wednesday and Thursday, we will continue debating the bills I have already listed.

Additionally, Bill C-47, Northern Jobs and Growth Act, was reported back from committee yesterday, and I anticipate Bill S-9, Nuclear Terrorism Act, will be reported back soon. So we could also call these bills at report stage and third reading, if we have extra time next week.

Finally, on Friday, March 1, the House will start the second reading debate on Bill C-54, Not Criminally Responsible Reform Act. The Prime Minister announced this bill last week as part of our efforts to ensure we have a justice system that puts the rights of victims first.