Bill S-6

An Act respecting regulatory modernization

This enactment amends various Acts as part of the Regulatory Modernization Initiative in order to repeal or amend provisions that have, over time, become barriers to innovation and economic growth or to add certain provisions with a view to support innovation and economic growth.
Part 1 modifies the Bankruptcy and Insolvency Act to, among other things,
(a) replace the requirement to publish a notice of bankruptcy in a local newspaper with a requirement to do so in the manner specified in directives of the Superintendent of Bankruptcy; and
(b) provide that, if every opposition based solely on grounds referred to in paragraph 173(1)(m) or (n) of that Act is withdrawn, a bankrupt who was eligible for an automatic discharge before the opposition was filed will be issued a certificate of discharge.
It also amends the Electricity and Gas Inspection Act to allow the Governor in Council to authorize the director, appointed under subsection 26(1) of that Act, to establish plans for the verification of meters by any means.
It also amends the Weights and Measures Act to, among other things, enable the Minister of Industry to permit a trader to temporarily use, or have in their possession for use, in trade, any device even if the device has not been approved by the Minister or examined by an inspector.
It also amends the Budget Implementation Act, 2018, No. 2 to, among other things, amend a provision under which certain amendments to the Trademarks Act may be brought into force.
Finally, it amends the Canada Business Corporations Act , the Canada Cooperatives Act and the Canada Not-for-profit Corporations Act by replacing the term “annual return” with the term “annual update statement”.
Part 2 amends the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act to repeal certain provisions that require the publication of draft regulations in the Canada Gazette .
It also amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to
(a) update the terminology in respect of hazardous products in the workplace to ensure alignment and consistency with the Hazardous Products Act ; and
(b) clarify the regulation-making authority with respect to record-keeping requirements for occupational health and safety matters.
Finally, it amends the Canada Lands Surveyors Act to, among other things,
(a) enhance the protection of the public by modernizing the complaints and discipline processes that govern Canada Lands Surveyors;
(b) reduce the regulatory burden of the Minister of Natural Resources by enabling the Council of the Association of Canada Lands Surveyors to make by-laws respecting a broader range of matters;
(c) harmonize the French and English versions of the Act for consistency and clarity by, among other things, ensuring uniformity between both language versions in relation to the definitions of “licence” and “permit” and by addressing certain recommendations of the Standing Joint Committee for the Scrutiny of Regulations;
(d) improve labour mobility within Canada and to better align with the Canadian Free Trade Agreement; and
(e) harmonize the text of that Act with the private law of the provinces and territories, being the civil law regime of the Province of Quebec and the common law regime in the rest of Canada.
Part 3 amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to, among other things,
(a) remove the requirement for the Governor in Council to make and update regulations specifying the animals and plants that are listed as “fauna” and “flora”, respectively, in an appendix to the Convention on international trade in endangered species of wild fauna and flora; and
(b) clarify that the prohibitions in subsections 6(1) and 7(1) and (2) of that Act are subject to the regulations.
It also amends the Species at Risk Act to, among other things,
(a) authorize the Governor in Council to remove a species from Schedule 3 to that Act if the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) has assessed the status of the species under section 130 of that Act or has determined that the species is not a “wildlife species” or a “species at risk” as defined in subsection 2(1) of that Act;
(b) remove from that Schedule 3 the species that have already been assessed by COSEWIC under that section 130 or determined by it not to be a “wildlife species” or a “species at risk” as defined in that subsection 2(1);
(c) clarify the timelines for preparing proposed recovery strategies and management plans that must be prepared as a result of an assessment under section 130 of that Act; and
(d) repeal Schedule 2 to that Act.
Part 4 amends the Agricultural Products Marketing Act to, among other things,
(a) provide that powers are delegated to a marketing board in relation to the marketing of an agricultural product in interprovincial or export trade by virtue of being named in the schedule to that Act, rather than by Order in Council;
(b) provide that the Minister of Agriculture and Agri-Food is responsible for the delegation of those powers;
(c) delegate powers in relation to the marketing of agricultural products to administrative bodies;
(d) provide for limitations and exceptions, that were previously set out in orders and regulations made under that Act, with respect to the exercise of the delegated powers; and
(e) require marketing boards and administrative bodies to make accessible to the persons with respect to which they exercise their delegated powers the requirements or other measures they establish in the exercise of those powers.
It also repeals certain Orders and Regulations.
Part 5 amends the Feeds Act to, among other things,
(a) provide that the approval and registration of feed are subject to prescribed conditions and to authorize the Minister of Agriculture and Agri-Food, to make the approval and registration subject to additional conditions;
(b) provide that a notice requiring the removal or destruction of certain feed may be delivered by any method that provides proof of delivery or by any prescribed method; and
(c) authorize the Governor in Council to make regulations respecting the recognition of a system of any foreign state or subdivision of any foreign state relating to the safety of feeds.
It also amends the Fertilizers Act to, among other things,
(a) provide that the approval and registration of a fertilizer or supplement are subject to prescribed conditions and to authorize the Minister of Agriculture and Agri-Food, to make the approval and registration subject to additional conditions;
(b) provide that a notice requiring the removal or destruction of certain fertilizers or supplements may be delivered by any method that provides proof of delivery or by any prescribed method;
(c) prohibit the release of novel supplements, except in accordance with the regulations, and authorize the Governor in Council to make regulations respecting any such release; and
(d) authorize the Minister to impose conditions on any authorization to release a novel supplement that the Minister may grant under the regulations.
It also amends the Seeds Act to, among other things,
(a) provide that a notice requiring the removal or destruction of certain seeds may be delivered by any method that provides proof of delivery or by any prescribed method;
(b) prohibit the release of certain seeds, except in accordance with the regulations; and
(c) authorize the Governor in Council to make regulations respecting the release of seeds, providing for the determination of varietal purity of seed crops by the Canadian Seed Growers’ Association and respecting the recognition of a system of any foreign state or subdivision of any foreign state relating to the safety of seeds.
It also amends the Health of Animals Act to, among other things,
(a) provide that a notice requiring the removal or disposal of certain animals or things may be delivered by any method that provides proof of delivery or by any prescribed method;
(b) authorize the Minister of Agriculture and Agri-Food to renew, amend, suspend or revoke a permit or any other document issued by that Minister;
(c) prohibit the release of certain veterinary biologics, except in accordance with the regulations, and authorize the Governor in Council to make regulations respecting any such release;
(d) authorize the Minister to approve programs developed by entities other than the Canadian Food Inspection Agency for certain specified purposes and authorize the Governor in Council to make regulations respecting the approval of such programs;
(e) clarify the circumstances under which an inspector or officer may declare that an infected place is no longer an infected place; and
(f) authorize the Minister to make an interim order if the Minister believes that immediate action is required to deal with a significant risk to human or animal health and safety or the environment.
It also amends the Plant Protection Act to
(a) provide that a notice requiring the removal or destruction of certain things may be delivered by any method that provides proof of delivery or by any prescribed method; and
(b) authorize the Minister of Agriculture and Agri-Food to renew, amend, suspend or revoke a permit or any other document issued by that Minister.
It also amends the Canadian Food Inspection Agency Act to authorize the use of electronic means to administer and enforce that Act and any Act or provision that the Agency is responsible for administering or enforcing.
Finally, it amends the Safe Food for Canadians Act to, among other things,
(a) clarify the definition of “food commodity” by specifying that the reference in that definition to the definition of “food” in the Food and Drugs Act is subject to an interpretation provision in that Act;
(b) provide that a notice requiring the removal or destruction of certain food commodities may be delivered by any method that provides proof of delivery or by any prescribed method; and
(c) authorize the Governor in Council to extend any interim order for a period of no more than two years.
Part 6 amends the Coastal Fisheries Protection Act to create an offence of contravening a term or condition of a licence or permit.
It also amends the Fisheries Act to remove the time limit for entry into an alternative measures agreement by an alleged offender and the Attorney General. Finally, it confirms that the provisions respecting alternative measures agreements do not limit the discretion of fishery officers, fishery guardians and peace officers in enforcing that Act.
Part 7 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.
It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.
Part 8 amends the Customs Act to authorize the making of regulations aimed at streamlining the implementation of free trade agreements.
Part 9 amends the Canada Transportation Act to provide the Minister of Transport with the authority to make interim orders to implement international standards or to ensure compliance with Canada’s international obligations.

An Act Respecting Regulatory Modernization

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

moved that Bill S-6, An Act respecting regulatory modernization, be read the second time and referred to the Standing Committee on Industry and Technology.

[Greg Fergus, Liberal, Parliamentary Secretary to the Prime Minister and to the President of the Treasury Board]

Madam Speaker, I would ask for the consent of the House to share my time with the member for Kings—Hants.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Does the hon. member have the consent of the House to split his time?

[Some hon. members]

Agreed.

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Madam Speaker, before I begin my speech, I would like to take a moment to acknowledge that we are gathered here on the unceded territory of the Algonquin Anishinabe people.

I am very pleased to add my voice to the debate on Bill S-6, an act respecting regulatory modernization. Regulations are the book of rules that govern how businesses operate and that protect consumers, the environment, our health and our safety. As we have seen, these rules can pile up and become obsolete over time. When that happens, innovation and growth are stifled, which weakens the economy and causes more problems for Canadians.

Modernizing our regulatory system improves Canada's ability to attract investment in growth-oriented businesses. That is why this bill is so important. It would have an important impact on Canadian businesses and advance public service efficiencies.

In a time of economic recovery, Bill S-6 would ensure that the legislative frameworks that support Canada's regulatory system evolve with the changing technologies and environment.

The fact is that we have been working on the modernization of regulations for some time. The Budget Implementation Act, 2019, No. 1 amended 12 regulatory instruments with the first annual regulatory modernization bill. It included making changes to digitalize paper-based processes, streamlining the review process for zero-emission vehicles, and enabling innovation by changing regulatory requirements to test new products.

The fact is that regular and eminently sensible updates ensure greater competitiveness. At the same time, we must protect Canadians' health, safety and environment.

An important way to ensure that we can modernize and streamline regulations while protecting Canadians and the environment is to put in place an in-depth and effective review process. To that end, this bill will serve as a recurring legislative mechanism. This means that the Government of Canada can ensure that the regulatory system remains pertinent, effective and up to date. It is designed to address the legislative challenges raised by businesses and citizens through consultations and targeted regulatory reviews.

In fact, consultations with stakeholders in the business sector led to the inclusion of this recurring mechanism. The economic strategy tables and the Advisory Council on Economic Growth pointed out that creating a regular mechanism such as this is essential to improving Canada's regulatory system.

I would also like to point out that the External Advisory Committee on Regulatory Competitiveness, made up of stakeholders from business and academia and consumers, has recommended continuing efforts to keep the administrative burden of regulation at a reasonable level and to ensure that regulations stand the test of time.

At its core, Bill S-6 proposes to modify 28 different acts through 45 common-sense amendments to modernize our regulatory system.

For example, the bill contains amendments to the Fisheries Act that would make it clear that fisheries officers have the authority for minor violations to reach an agreement with fishers instead of taking them to court, an authority that was unclear in the existing legislation. Not only would this reduce the number of lengthy and costly court processes, but it would also ensure small violations do not result in criminal records and the stigma and barriers that could come as a result. Importantly, this change has been supported by the fishing community and by indigenous peoples.

Another example is the minor change proposed to the Canadian Food Inspection Agency Act. In short, this amendment would allow the CFIA to provide services and allow businesses to interact with the agency electronically instead of through paper transactions. This will give businesses more flexibility in their interactions with the federal government, resulting in a reduced regulatory burden.

There are also proposed amendments to the Canada Transportation Act that would allow us to adopt international transportation safety standards faster, in consultation with the businesses affected.

As we have seen, even minor changes can often have a significant positive impact on various sectors of the economy, and I have covered only three of the 45 amendments included in this bill. In addition, all of the proposals are cost-neutral, with little or no associated risk.

Bill S-6 helps ensure that our regulatory system stays up to date and sets up Canadians and businesses for success in the years ahead by amending laws that are too inflexible, too specific or simply outdated. This bill is an important reminder of the need for ongoing regulatory review and legislation that stands the test of time.

I want to also assure all hon. members that the bill is not a one-off.

It will be an annual undertaking. In fact, work on the next bill is already under way.

The Canadian regulatory system plays a key role in helping companies succeed and in protecting Canadians and the environment. For our economy to keep growing, we need a more effective and streamlined regulatory system that keeps on delivering world-class protection for consumers, health, safety and the environment.

This is exactly what Bill S‑6 does. It helps modernize the current rules to make things easier for companies, and it will continue to set up regulatory agencies, stakeholders and Canadians for success. This is something we can all get behind.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, I found it interesting that throughout the member's speech, he quite often made reference to the environment.

Through you to the member, I am curious what specific regulation the government is changing that would prevent it from once again handing out a $13-billion subsidy to the one automaker in this country that has actually been charged for violating CEPA. Which regulation would it like to change to make sure that does not happen again?

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Madam Speaker, I know it sticks in the hon. member's craw that Canada is now making a transition to a clean, green economy, especially in key sectors, such as the automotive sector.

Let me get back to Bill S-6.

I can tell members why this process is so important. We are going to review all of the government regulations to ensure that they are still up to date. Any obsolete regulations that are no longer useful must be removed. We must be sure to remain competitive so that the Canadian economy performs and so that we can protect Canadians and especially the environment.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Madam Speaker, I thank my esteemed colleague for his excellent speech.

It is important to modernize regulations and to keep them up to date. It is important that they be simple, clear and identical in both languages. I am a member of the Standing Joint Committee for the Scrutiny of Regulations, and we often have to repeatedly ask departments and ministers to correct discrepancies between the English and French versions of certain regulations and orders.

This week, we sent a notice of disallowance for a problem that has been going on for 25 years. I was not even old enough to vote when this problem arose. The fact that departments do not respond to the committee and that ministers refuse to testify in committee is an ongoing problem.

Do the government's objectives include fixing the relationship with the committee so that there will be more constructive interaction when it comes to modernizing our regulations and addressing any problems with them?

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Madam Speaker, I could not agree more with my colleague from Mirabel on this issue.

The committee he is a member of may be one of the House of Commons' most important committees. I am not sure what I did in my life to deserve to be a member of the Standing Committee on Procedure and House Affairs and the Standing Committee on Access to Information, Privacy and Ethics. I wanted to be a member of that committee because at a joint committee of senators and members, parliamentarians have an opportunity to really get to the bottom of things and to require that the machinery of government change or get rid of things that have been dragging on for years. There are consequences to violating the requests of the committee.

Bill S‑6 gives us the chance to modernize regulations, in a similar fashion to the Standing Joint Committee for the Scrutiny of Regulations. I hope it will lighten that important committee's workload.

[Blake Desjarlais, NDP, Edmonton Griesbach, AB]

Madam Speaker, I, too, want to thank the member across the way for his speech on the importance of Bill S-6.

Bill S-6 is a massive bill. It contemplates minor amendments to a great series of ministries, and it is important work.

It is my understanding that consultations had taken place, vast consultations prior to COVID, beginning as early as 2017 and manifesting in 2019. However, we found there was not one labour organization consulted. Can the member speak to why there was an absence of consultation with labour?

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Madam Speaker, unfortunately, I cannot, but I will engage to get back to the member and find out why that was the case.

Labour is a very important element in terms of some of the key stakeholders, and we should be consulting not only with businesses, but also with labour, government and academics.

I do engage to get back to the member with a response.

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, I am pleased to be here in the House with all my colleagues to discuss Bill S‑6. This bill is very important for addressing the red tape that exists in our federal system.

I heard some of the comments, and it seems that most members of Parliament believe this is reasonable and straightforward legislation. We are taking important steps to be able to reduce unnecessary irritants in our legislation to create an ease and efficiency about how the Government of Canada interacts with a variety of different sectors.

I am the proud chair of the House of Commons Standing Committee on Agriculture and Agri-Food, and a lion's share of the provisions in Bill S-6 relates to agriculture; therefore, I put my hand up for the opportunity to speak to this legislation today. It relates to the opportunity to work with different agencies to help reduce some of that administrative burden. Representing Kings—Hants, where agriculture and farming are big parts of our economy, I often hear from stakeholders about the importance of small legislative and regulatory tweaks that actually mean just as much, in some cases, as government programming and funding.

I want to take an opportunity tonight to address some of the elements of the bill and offer some suggestions on where the government can go even further, because it is going to be really important in the days ahead. I also want to compliment the work on this bill in that it is a really important start, and it is important that we advance this through the House.

First of all, under the Seeds Act and the Feeds Act, for the CFIA, there is an ability for mutual recognition of products that may be deemed novel to Canada but have had approval elsewhere, in other jurisdictions with similar processes to ours, to be able to expedite approvals. Traditionally, the CFIA did not have that tool, where there was an ability to grant mutual recognition. What an opportunity this is to be able to expedite processes.

In a world where we are dealing with a global competitive marketplace, time matters. Having the ability to get these approvals and making sure the tools are available to the agriculture sector and to farmers are important steps. We do not have to compromise our public policy and public values around making sure there is due diligence, because we can rely on sound science and processes from other jurisdictions that we trust. I just want to highlight that.

I have had the opportunity to talk at quite considerable length about the idea that we should expand that pathway and create a presumptive approval. There is an opportunity for the CFIA and the Pest Management Regulatory Agency to be able to have an expedited pathway where an applicant can present evidence and the science that was used in a jurisdiction with similar practices and standards to Canada to expedite those pathways. I have encouraged the Minister of Health to look at this. I know the government is contemplating it, but I hope the bill could be a catalyst for driving this forward in the days ahead.

I also want to talk about the idea of trying to make some changes around how we meter and target electricity. This is a conversation that will become even more important in the days ahead, as we start to make really important moves to decarbonize our economy and talk about some of the standards. I have not gone through all of these in depth.

I want to compliment Senator Colin Deacon, who is in the other place. He has done tremendous work in stewarding Bill S-6 to us here in the House, and I want to make sure that is on the record in Hansard. He has also done tremendous work to help advance this in the days ahead.

Why is this important? It really matters in terms of getting efficiencies in how the government deals not only with large businesses but also with small businesses. Every member of Parliament has small businesses in their ridings that deal with the Government of Canada, whether it is through incorporation under the CBCA or other types of measures. We have to be mindful of that in the days ahead. There are opportunities for the government to go even further.

Canada actually ranks relatively poorly in the command and control regulations. What I mean is that we set out a legislative process whereby an applicant has to follow every single step that we determine necessary to get regulatory approval, versus an approach where we identify what outcome we need so that we can determine an approval, whether it is through government agencies or civil servants.

I have heard an analogy before, Madam Speaker, and I will use it for you. Maybe there is a good bakery in your riding. You do not walk into that bakery and say, “This is the exact recipe”, give it to the baker and tell them to bake the cake. There is trust in the baker, and they are told that the cake you want is round, delicious and chocolate. You would want to go in and describe that cake, as opposed to going in with a prescribed notion and saying, “Bake this exact cake.” The cake would be described to meet satisfaction, and the baker would be allowed to go and illustrate how they made that cake. Hopefully, there would be approval.

We need to be able to do that moving forward. The Speaker might have high standards of what her cake is, but she needs to describe it. That is the difference between command and control. She is not saying, “Here is the recipe; go bake this cake.” She is describing what type of cake she wants and then letting the baker be creative in delivering that cake. That is the best example. I look forward to the Hansard record of us talking about baked cakes and people asking how the heck this is important to Canadians.

It matters. We need a little more freedom in how we regulate. We have seen instances of regulatory approvals recently, including in my own backyard. I want to make sure it is very clear on the record that I think this is somewhere we have to go in the days ahead.

I can say this: I think the Liberal government is doing the right thing on Bill S-6. Let us look at important major projects that have to get done in this country. The Minister of Natural Resources has highlighted this. In our critical minerals sector, an extremely important question is this: How do we find a way to create efficiencies in the permitting process without compromising our public policy values?

There is a lot of room for us, as parliamentarians, to dig in on this question. Whether it is our decarbonized future, and how we reduce emissions and fight climate change, or whether it is our economic competitiveness, the economy is strong right now. Frankly, employment numbers are really good in this country. There are a lot of good indicators, but we could do even better.

How do we find ways on non-cost measures to be able to drive the initiatives that matter to Canadians? In this way, how can we reach the public policy goals that we are setting for ourselves, not only the government but, indeed, every member of this House that wants to see the best for Canada? How can we look at a formalized mechanism?

I want to compliment my predecessor, the hon. Scott Brison, who represented my riding. He served as the president of the Treasury Board. Let me recognize the current Acting President of the Treasury Board for her work in helping to steward and drive this thing forward.

In the past, in the 42nd Parliament, the government had regulatory review processes that were successful. How do we build on that success? How do we create a formalized mechanism that would allow the government to actually look at strategic growth areas; work with the business sector; work with organized labour, as one of my hon. colleagues mentioned earlier in a question; and work with stakeholders to identify ways that we could expedite process? This matters for the business community, for our competitiveness and for good jobs, whether in unionized or non-unionized contexts. This is how we have to move forward.

I am very proud of what the government has produced. Leading into the fall economic statement, I hope the government continues to build on that success by creating mechanisms that could do exactly that. It could focus on Canada's competitiveness and on non-cost measures that could help drive our public policy outcomes. Surely, everyone in this House would be able to agree that this is an important pathway that will make a difference in the days ahead.

It was a pleasure to get to speak to Bill S-6. I look forward to questions from my hon. colleagues.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, the member briefly mentioned the PMRA.

We are having a lot of issues with the PMRA regulatory regime right now. There are many products that have been arbitrarily banned or pulled from the shelves because of uncertainty around the PMRA. Would the member support making some changes to regulations that would actually provide more certainty for our producers, so that companies are not arbitrarily pulling products off the shelves because of regulatory uncertainty?

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, it is an important question. I represent an agricultural riding, as I know the hon. colleague across the way does as well; as such, I will say that the PMRA is a really important agency for agricultural competitiveness. Obviously, its decisions always have to be based on science and the evidence that is before it. I am not fit to make those decisions, and I would respectfully say, neither is the member opposite.

I said in my speech, and I want to reiterate in my answer here, that if there are ways that the PMRA can create expedited pathways based on the sound science of other trusted jurisdictions, that is extremely important. It could increase Canada's competitiveness by reducing the lag time before an applicant applies and when they can actually get approval. Therefore, I would agree with the member opposite that where we can use regulatory reform to help drive processes without compromising values, we absolutely should be doing that.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Madam Speaker, I thank my colleague for his speech and for speaking French. It was excellent.

The bill would repeal section 15 of the Canada Oil and Gas Operations Act. As a result, regulatory changes to oil and gas operations would essentially no longer have to be published in Part I of the Canada Gazette.

The Senate debates revealed that many regulations are irrelevant, no longer used and no longer managed, and that changes could facilitate the process. As it stands, however, Bill S‑6 does not distinguish between minor regulatory changes and changes that would be much more consequential.

I am wondering if my colleague believes that this matter could be studied in committee to ensure that there is still a certain obligation to publish substantive regulatory changes that do not simply seek to simplify the process.