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

[The Acting Speaker, Conservative, Barry Devolin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Barry Devolin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Barry Devolin]

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was negatived on the following division:)

Vote #694

[The Deputy Speaker, NDP, Joe Comartin]

I declare the motion lost.

[The Deputy Speaker, NDP, Joe Comartin]

Questions and comments, the hon. member for Okanagan—Coquihalla.

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

Mr. Speaker, with all this discussion about rolling up the rims or carpets, it seems like the NDP—

[Some hon. members]

Oh, oh!

[The Deputy Speaker, NDP, Joe Comartin]

Order, please. I appreciate the enthusiasm from the House at this time in the evening, but if members have conversations they want to carry on that have nothing to do with the debate, please take them outside the chamber.

The hon. member for Okanagan—Coquihalla.

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

Mr. Speaker, getting order is always an important part of House business.

The hon. member for Welland brought up the topic of rolling up the rim and rolling up red carpets and whatnot. I would just like to remind the NDP members that they should really be rolling up their sleeves and working in the House for Canadians.

I have a part comment, part question, and I will try to put it as succinctly as I can. The member said, and other members have stressed this as well, that 170 different statutes have gone through the House that somehow are not lawful. He says that there are cases where incorporation by reference has not been used properly. That is not true.

Each one of these bills has gone through our process here. As parliamentarians, if there are any mistakes that have gone through, it has been under our supervision.

I would simply invite the member to take a look at what is being presented, a codified way, recommended by the scrutiny of regulations committee. I would like to hear if the member actually has an amendment he would like to carry forward. There is continual discussion about the need for amendments. I would like to hear what that amendment would be.

[Malcolm Allen, NDP, Welland, ON]

Mr. Speaker, I would certainly roll up my sleeves, in fact, I will roll them up now, but I do not think the Speaker will let me take my jacket off, since that is in the House rules.

The issue is clearly one of who wants to look at this. As I said earlier in my remarks, the member for Okanagan—Coquihalla actually does. There is no question that he truly finds great passion in this, and I commend him for that.

There is not a lot of folks in the House who would actually want to sit on that committee. If I asked volunteers to put their hands up if they really wanted to go on that committee, I would probably not find too many hands. There is a couple and a couple more.

For my colleague, the member for Okanagan—Coquihalla, he ought to write those names down. Then the next time you need a sub in, you should ask those folks who put their hand up to come and help you out—

[Some hon. members]

Oh, oh!

[The Deputy Speaker, NDP, Joe Comartin]

I would again point out to the member for Welland, please direct your comments to the Chair.