An Act to amend the Customs Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Customs Act to authorize the Canada Border Services Agency to collect, from prescribed persons and prescribed sources, personal information on all persons who are leaving or have left Canada. It also amends the Act to authorize an officer, as defined in that Act, to require that goods that are to be exported from Canada are to be reported despite any exemption under that Act. In addition, it amends the Act to provide officers with the power to examine any goods that are to be exported. Finally, it amends the Act to authorize the disclosure of information collected under the Customs Act to an official of the Department of Employment and Social Development for the purposes of administering or enforcing the Old Age Security Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Dec. 11, 2018 Passed Time allocation for Bill C-21, An Act to amend the Customs Act
Sept. 27, 2017 Passed 2nd reading of Bill C-21, An Act to amend the Customs Act

Customs ActGovernment Orders

September 26th, 2017 / 3:20 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, when the Prime Minister first met with President Trump after the U.S. election, there was a lot of talk in the press release about further integration at the border. One of the things that was even floated was housing American and Canadian border agents in the same building and having common systems.

When the public safety committee went to Washington in May, we had an opportunity to hear some of the long-term plans of this entry-exit program. If the member and members of the Liberal caucus are not concerned, something is seriously wrong. We are in a situation now where accountability is at its lowest when it comes to national security agencies. Unfortunately, that includes CBSA, which as of now, until the creation of this committee of parliamentarians, is one of the only agencies that has no proper review, much less real time oversight. That is a whole other matter.

I want to understand from the member why, in that context, he would feel comfortable with this sharing of information. President Trump is signing executive orders saying that privacy protection laws no longer apply to people who are not American citizens. We see a situation that almost condones, implicitly and explicitly, potentially the use of torture, with a new ministerial directive that does nothing to alleviate that issue. Therefore, I want to understand why the member could feel comfortable with sharing more information and this further integration, given there is a president who has no respect for the rule of law of his own constitution, much less the constitutions of other countries.

Customs ActGovernment Orders

September 26th, 2017 / 3:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I mentioned in my comments that the minister had done a fantastic job in being proactive and working with the Privacy Commissioner. We are the party that brought in the Charter of Rights and Freedoms. We understand the importance of protecting the rights of individuals and the information that is gathered. What is proposed in the legislation further advances Canada's relatively healthy relationship with the United States.

As I said, this is one of a couple of legislative initiatives that clearly illustrate goodwill between both governments, the U.S. and Canada, on how we can better work together so both Canadians and Americans are able to cross the border in an easier way. In many ways, the types of information being gathered is getting closer to being the same. I see that as a positive.

Customs ActGovernment Orders

September 26th, 2017 / 3:25 p.m.
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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, I would like to touch on something the member mentioned. He addressed why it is important to keep track of those who are leaving the country. He mentioned the Amber Alert. I would like him to expand on that and to also describe what information we are actually talking about. What is the information on page 2 of the passport that we are talking about being released?

Customs ActGovernment Orders

September 26th, 2017 / 3:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there is basic information required. We will see, through regulation, the types of additional questions and information. What is important to recognize is that Canada is one of what are known as the Five Eyes countries. They include Australia, New Zealand, the United Kingdom, and the United States. When we look at the Five Eyes countries, we are virtually last in terms keeping up with modernization.

With the Privacy Commissioner, looking at the type of information we gather, how that information is held, and how long it is held are all very important questions and issues the minister or caucus colleagues are justifiably concerned about. We look forward to the bill going to committee, where we can hear from members and listen to witnesses to deal with some of the issues Canadians might have with respect to this piece of legislation.

Overall, it is one of at least two pieces of legislation I can think of offhand that would move Canada forward in ensuring that we are more consistent with other friendly countries, in particular the United States. Once it is all said and done, I believe it will be a healthy piece of legislation to pass.

Customs ActGovernment Orders

September 26th, 2017 / 3:30 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I would like to come back to the matter of the information that will be shared.

A problem that we are seeing more and more of, and not just with this bill, is that the Liberal government has a tendency to legislate using regulations. For example, in the bill currently before us, the government gives the minister a certain amount of discretion through regulation. That allows the minister to change not only the type of information that is collected but also the manner in which that information is obtained, the parties from whom it is obtained, and the circumstances under which is it obtained. That is a serious problem.

In committee, we asked Public Safety officials about Bill C-23, which is essentially a companion to the bill in question. They said that they were unable to tell us what type of regulations would be changed because of this bill.

Is the member not worried that the government is making legislative changes, while leaving a big asterisk next to some parts saying that it will make more changes later, at the minister's discretion, through regulation? Is that what accountability and transparency are all about?

Customs ActGovernment Orders

September 26th, 2017 / 3:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we often find that legislation provides the principles and goes into details as to what it is we want to put into law. The provincial legislatures, the House of Commons, and other countries around the world actually bring in laws but allow different departments' ministers, in our case, to assist in providing the details of a law through regulation. That has actually been quite normal practice for 100-plus years.

The member might have some specific issues in regard to a specific type of question. I do not know if that would be an appropriate thing to incorporate into the legislation. It might be more appropriate in regulation. In fact, I suggest that it would be.

Customs ActGovernment Orders

September 26th, 2017 / 3:30 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I am very glad my friend had an opportunity to speak to the bill. I wanted to ask about the Canada-U.S. relationship, which is obviously touched on by the bill. Does the government think it has achieved anything in its two years in power in the context of that relationship?

Customs ActGovernment Orders

September 26th, 2017 / 3:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I think we have achieved more in two years than the Conservative government did in 10 years. There are a number of files one could advance. If we went from one ministry to the next ministry to the next ministry, we would find ample examples.

For example, we have a Prime Minister who has met with the President on several occasions through communications on a wide spectrum of issues that are important to all Canadians. We have seen policy from the government to the effect that all Canadians will benefit. Whether it is the pre-clearance legislation or the trade negotiations that are taking place, these are all initiatives. We can talk about natural resources and pipelines and so forth in terms of what this government has been able to accomplish that the previous government in 10 years was not able to.

Had we not had the change two years ago, I am somewhat fearful of where we would be today. I am very grateful that we have a Minister of Foreign Affairs and a Minister of International Trade who are doing such a fantastic job in protecting Canada's interests and Canada's middle class.

Customs ActGovernment Orders

September 26th, 2017 / 3:30 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure to follow my friend from Winnipeg North, who was eager to tell us that there have been many accomplishments in the context of the Canada-U.S. relationship, accomplishments such as meetings. Perhaps that illustrates the more foundational problem in terms of the direction we see things going. On this side of the House, we do not consider holding a meeting an accomplishment.

I thought, perhaps, the parliamentary secretary would mention the famous state dinner that members of the Prime Minister's family were able to attend. The natural resources minister was not, but there were still many people at this state dinner.

On this side of the House, we are concerned about a clear erosion of the Canada-U.S. relationship and the fact that this critical relationship for our interests, for our success, is being undermined through significant missteps by the government. It is not new to the presidency of Donald Trump. We have seen a very poor, very ineffective strategy with respect to this relationship under both President Obama and President Trump. I think we can see a number of clear examples of that.

It is important, in the context of that relationship, that we not prioritize, ahead of results, the images, the meetings, and the state dinners. They are not the priority. For the people in my constituency, who are working hard, who are looking for better opportunities for themselves and their families, their principal interest is not the photos that are taken, the meetings that are held, or the food that is eaten at the dinners. Their principal interest is what kinds of accomplishments, what specific agreements and initiatives, are going to happen between Canada and the U.S. on issues such as softwood lumber, which is not as important in my riding but is in other places, and issues such as pipelines and the trade in natural resources, which are very important in my riding.

It is results in those areas that matter in terms of the Canada-U.S. relationship. It is not the socks, the photos, and the images. As my colleague from Durham aptly said in question period yesterday, it is time for the Prime Minister to pull up his fancy socks and start trying to get results.

I want to highlight the fact, again, that the erosion of this relationship between Canada and the U.S. began not under President Trump but under President Obama because of the approach pursued by the government of this Prime Minister.

We had President Obama speak in the House of Commons, and the Prime Minister, in his introduction, referred to a “bromance” and “dudeplomacy”. I had never heard of dudeplomacy before. It sounds like a pretty gendered term, actually. I had never heard of dudeplomacy, but I have heard of diplomacy. What does not seem to have happened is actual diplomacy in terms of the traditional trying to advance ideas that advance Canada's interests. For example, it was relatively shortly after this Prime Minister took office that the American administration at that time said no to Keystone XL. We had virtually no substantial public response from the Prime Minister or the government at the time.

Fortunately, that decision has since been reversed, but as a result of changes in American politics. It had nothing to do with any activity happening on this side of the border with respect to Keystone XL. As my colleague said, immediately there was a desire to take credit for it, but the reality is that it was going to happen if there was a change in the party and the president. That was going to happen.

The government was not at all involved in promoting Keystone XL or in raising those issues, especially after it was rejected by someone with whom, supposedly, there was a bromance and dudeplomacy going on. There was a failure of results with respect to actually getting the market access we needed under that administration.

It is interesting to follow this, because there was a lot of discussion internationally about the Paris accord. Here in Canada, the government immediately wanted to tell us that to meet the Paris accord, we had to impose this massive new tax. Actually, a lot of the analysis shows that this new tax is about raising revenue. It is not going to substantially have an impact with respect to the way it is being set up and what the government has said its objectives are.

An overwhelming majority of the countries in the world are part of the Paris accord, but it is a minority of those countries that actually think that a carbon tax is the way to meet the requirements. We would think from the what the government says that a carbon tax was required by the Paris accord, but that is not the case at all. In fact, most countries that are part of the Paris accord think that the way to meet our Paris accord obligations does not involve a carbon tax, a massive new tax on Canadians.

What is interesting in the context of that relationship is that there was much discussion about the Canada–U.S. relationship vis-à-vis the environment. Canada imposed a carbon tax, and yet the American administration did not bring in a carbon tax. The Hillary Clinton campaign did not propose a carbon tax, and I do not think Donald Trump has much interest in a carbon tax either. The point is that no American administration was moving in this direction regardless, and yet Canada took a step that put us at a significant competitive disadvantage. A possible fruit of that alleged dudeplomacy would have been to push for the Americans to align what they were doing with us, but that was never going to happen. The Prime Minister was happy to accept pats on the back for his carbon tax action, while in fact there was no serious effort to do the same south of the border.

The other issue, of course, is the government's plan to legalize marijuana. There has not been any thinking through at all about what the implications would be for Canadians travelling south of the border after legalization happens, assuming the government goes through with it. We never know. The government has turned tail on so many of its promises. It is not a done deal. However, assuming the Liberals go through with that, it would create some real issues for Canadians who may choose to use legal marijuana and then want to travel to the United States. There is a possibility of their being asked about that and barred access under that. That is, again, not something that the government seems to have paid any attention to in the context of substantive discussions or negotiations.

There are all these different issues, where what Canadians expect vis-à-vis the Canada–U.S. relationship is for a government to fight for Canadian values, to fight for Canadian interests, and not to prioritize the image dimension. That is what we on this side of the House believe our approach to foreign policy should be. We believe it should be prioritizing fighting for Canadian values and Canadian interests, not prioritizing the international image or personal reputation of particular members of the government. That is important. We have a government that is fumbling this relationship. At the same time, the Liberals are desperate to look as if they are doing something.

We have a bill before us that, actually, we on this side of the House see as a pretty good bill. It would effectively streamline processes at the border. It would deal with smuggling in a reasonably effective way. I think it would reduce costs. It would make the border more efficient. It continues, importantly, with momentum that was clearly started under the Conservative government. Prime minister Stephen Harper put a big emphasis on trying to make the border more effective, and it was not because he thought he could have great photo ops at the border as a result. It was because he understood that having an efficient, effective border would help to create jobs and opportunities for Canadians, it would help to ensure the necessary market access, and it would help also to create opportunities and advantages for Canadian consumers. Therefore, we prioritized making the border more efficient and effective.

In cases where we see the government continuing forward with momentum that was started under the previous Conservative government or even, in general, in cases where we think the government is doing things that are good, we will be happy to support them, to speak for them, and to vote in favour of that legislation. However, the context is important because overall on so many important areas and fronts we have the government bungling this relationship.

I have talked about how, very clearly, under the current Prime Minister, there was an erosion of that relationship that had already started during the tenure of president Obama. Of course, it has continued in the present environment and it has continued especially as we look at what is happening in NAFTA negotiations. It is very important that we reflect on these negotiations and that the government approach them in the right way. We have to be realistic in the context of those negotiations and the proposals we have put forward, and we have to seek to advance Canadian values and Canadian interests.

I had the opportunity to be in the United States during the time of the last American election. I was actually in Cleveland, which is kind of an epicentre of activity. I was there as part of a trip with a number of my parliamentary colleagues, including the Parliamentary Secretary to the Minister of Foreign Affairs. We observed an interesting phenomenon in terms of what was happening there, which was that messages about trade and the loss of manufacturing were really resonating in certain particular states in the United States, and a lot of those messages came back to certain perceptions about the impact of trade deals. There was a perception, I think an incorrect perception, that some of these trade deals had contributed negatively to the economy of these areas. The electoral success of Donald Trump was significantly informed by his ability to get out his message with respect to trade in those key electoral markets.

We have to recognize, then, that it was what was in the administration's mind when it talked about renegotiating NAFTA. I do not think that when Donald Trump talked about renegotiating NAFTA, his principal objectives were adding sections on gender and indigenous rights. Maybe I was reading different coverage of that election from what others read, but the message about renegotiation was very clear in terms of the objectives.

It does not mean that we should have the same objectives. In fact, it is important that we counter misinformation about the alleged negative impacts of trade, but it is also important that we go to the negotiating table with a realistic sense of what we can achieve and with a goal to do what we can realistically to protect Canadian jobs and interests. The government, in articulating its negotiating objectives, has put itself in a position of very clearly talking past the administration and, in some cases, has put forward proposals that do not even relate to federal jurisdiction. For example, it has talked about what have been dubbed right-to-work laws at the state level in the United States.

We have a federal system in Canada, so the government should understand how a federal system works, that the federal government cannot, in the context of these types of negotiations, demand that states get rid of state-level labour laws. That is not within federal jurisdiction. For the government to suggest that somehow these negotiations should hinge on changes to state-level laws is a fundamental misunderstanding of how federalism works, and it is a strange proposal to come from another country with a federal system that has strong subnational governments.

In general, whether it is labour laws or specific legal protections on indigenous or gender issues, these are the kinds of things that would be the subject of significant substantial national debate in the United States. It is hard to imagine that Canada demanding them as part of NAFTA talks is going to be the spur that makes them happen. In reality, the specific reason the Americans were going into NAFTA renegotiations was to address this perception about economic interests. What we need to do to be effective in those negotiations is highlight how trade deals have been beneficial to the economy of North America as a whole; we have benefited from trade, but so has the United States benefited from trade.

It is not a zero-sum game. I have used this analogy before. Some people talk about trade as if it is winning or losing, and that is just so outside of what we know to be true about economic interactions. It is like saying, if I go to a restaurant to order a meal, one of us is winning and one of us is losing. Am I winning and the restaurant losing, or is the restaurant winning and I am losing? That is obviously ridiculous. We are both winning. We are winning by mutually beneficial exchange: I am getting a meal and the restaurant is getting business. The same is true of trade. People choose to engage in trade because they have an opportunity that has opened up for them for mutually beneficial exchange.

The Prime Minister of Canada, as the leader of a trading nation, a nation that needs trade and has benefited so much from trade, should be championing the value of the open economy on the world stage.

He should be doing what many Conservative members are doing in opposition, which is standing up for Canada. He should be going to the United States to speak specifically about the economic benefits of trade. He should be trying to make the case, in those critical electoral markets like Ohio or Michigan, about the benefits that have accrued to those areas as a result of mutually beneficial trade, as a result of the freedom to exchange goods and services between Canada and the U.S.

We know those benefits exist. The case can be made there, and yet the Prime Minister only talks about trade in the context of wanting to redefine and talk about progressive trade agreements. In large part, he is taking what Canada has done for a long time. The Conservative government signed many trade deals, and in every case we were dealing with, as was realistic and practical in the context, provisions in the agreements and side agreements that dealt with issues like labour rights and other rights.

The trans-Pacific partnership was negotiated by the Obama administration. We still have yet to hear from the Liberal government its position on that or on some kind of successor deal that does not include the United States. The government should at some point take a position with respect to the trans-Pacific partnership, or at least the idea of a trans-Pacific trading bloc, whether or not that includes the United States. These deals have for a long time included these elements.

It is clear that the Prime Minister wants to find a way to rebrand NAFTA, which was a Conservative-negotiated deal under prime minister Brian Mulroney, and somehow put his stamp on it. It may well be in the end that we get some big unenforceable language in there about some of the issues that the Prime Minister has talked about, but there is just no realistic scenario in which, as part of trade negotiations, the United States would agree to making dramatic changes to its rights frameworks, especially insofar as those changes might impact federalism, just in response to a Canadian demand.

Not only is this relationship eroding under the Liberals, but their approach to these discussions seems to portray a fundamental misunderstanding of the United States, even the constitutional sharing of powers as exists in the United States, and also some of the key political motivations and dynamics that they should be responding to as they are supposedly seeking to advance Canada's national interests.

The problem is that we do not see the advancing of that interest in many different ways. We see the eroding of a voice for Canada's interests and in general of Canada's voice on the world stage. The emphasis instead is on image, photo ops, state dinners, and so on, not on achieving results.

We on this side of the House are in favour of legislation that would make the border more effective. Bill C-21 would improve the efficiency of the border. It is a good piece of legislation that builds on momentum put in place under the Conservatives. It would cut down on costs, it would make the border more efficient, it would address smuggling, and there are a number of different areas where we see concrete improvements coming through the bill.

However, we are concerned about the overall picture when it comes to Canada-U.S. relations. More broadly, when we speak of the government's foreign and trade policy we see a seeming lack of interest in standing up for Canadian interests and Canadian values.

Our objective on the world stage should not be to, above all else, get a seat on the UN Security Council, to cozy up to whomever and do whatever it takes to get there. Our goal should be to ask how we can concretely make life better for Canadians through more trade, more effective borders, and the kinds of opportunities that come with that.

How can we make life better for people across this country in concrete, tangible, and measurable ways? How can we reflect people's values, people's moral convictions in the kinds of causes and principles that Canada stands up for on the world stage? Canada's interests and values should be our priorities, not the image side.

While we do support this bill, we call on the government to do better when it comes to the Canada-U.S. relationship, and to do better when it comes to foreign policy in general, to reflect those priorities that Canadians are telling us they want us to focus on.

Customs ActGovernment Orders

September 26th, 2017 / 3:50 p.m.
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NDP

Kennedy Stewart NDP Burnaby South, BC

Mr. Speaker, it is good to be talking about trade here, because it is something that we hear a lot of rhetoric about from the other side. They have notions that they know they are not going to get in negotiations with the United States, but they throw them out there for their base.

My question is on the other side. Of course, I support fair trade deals. I have voted for them in the past. In his speech, my colleague made it look like he would be open to trade with any country. I am just wondering what his conditions would be. For example, if we were going to negotiate trade deals with North Korea or Somalia, or some places like that, what would his conditions be for bargaining with those countries?

Customs ActGovernment Orders

September 26th, 2017 / 3:55 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I cannot recall ever having proposed a trade deal with North Korea. I do not know what we would trade, frankly, but maybe they would be willing to give up their nuclear weapons. The NDP certainly would not want those coming here. I am kidding of course.

I do not endorse trade with just any country. There are obviously cases where there would be potential concerns. However, we are talking about the Canada-U.S. relationship, and I do not think trade with the United States is comparable to trade with North Korea. In terms of creating opportunities for a more open border, the bill is in Canada's interest and reflective of Canadian values.

Customs ActGovernment Orders

September 26th, 2017 / 3:55 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate many of the words by the member across the way. The question I have for my colleague is regarding the issue of privacy. I mentioned that we have taken a fairly proactive approach with the Privacy Commissioner. Do the Conservatives, as an opposition party, have any privacy concerns related to the legislation, or does he feel that adequate work has been done on that particular file?

Customs ActGovernment Orders

September 26th, 2017 / 3:55 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is important that we support the bill and see it through to committee. The committee will provide an opportunity to hear witness testimony with respect to some of the particular issues that have been brought forward. In general, and certainly at this stage, supporting the principle of the bill is good, then that further discussion will happen at that point.

Customs ActGovernment Orders

September 26th, 2017 / 3:55 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my colleague for his speech. Since he knows a lot about how Parliament and the legislative process work, I would like to ask him a question. There have been a number of bills on important issues such as national security. Most recently, we examined Bill C-23 on preclearance at the border. Like Bill C-23, Bill C-21 contains provisions that give the minister a lot of discretionary power over regulatory changes that will be made after the bill is passed. Looking back, when Bill C-23 was being examined in committee, public officials were asked for a list of regulatory changes that would be made to implement the provisions of an agreement with the United States. However, they were unable to provide us with a comprehensive or even a definitive list.

Does my colleague agree that the legislative process requires accountability and transparency, and that this is an unacceptable way of doing things? We understand the need for regulations, but when they are used to circumvent the legislative process, that can cause problems.

Customs ActGovernment Orders

September 26th, 2017 / 3:55 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the balance between legislation and regulation is an interesting question, particularly in terms of what should be prescribed and what should be included. Obviously, it is not practical for every aspect of government decision-making to be contained in legislation. There are particular questions around the scope of regulations. There are well-established limitations on what can fit into the category of regulation.

However, the member's point, and one I strongly agree with, is that the government needs to be prepared to answer questions about what it is doing vis-à-vis regulations, what its plans are, and what elements of regulation would be required to achieve a desired outcome.

I had the great pleasure of serving on the scrutiny of regulations committee for a couple of years, and I would recommend it to the member if he is interested. Admittedly, it was frustrating on that committee trying to deal with what were sometimes very old files and to get information from the government about concerns the committee had with respect to things that were happening with regulations.

The regulatory oversight rule is very important for Parliament. Even though it is up to government to create regulations, we have an important role with respect to oversight, and it is important for the government to honour that role and work with the House and committees when it comes to responding to and dealing with regulations.