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(b) provide that, if every opposition based solely on grounds referred to in paragraph 173(1)(m) or (n) of that Act is withdrawn, a bankrupt who was eligible for an automatic discharge before the opposition was filed will be issued a certificate of discharge.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

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, the member speaks about cuts, and of course the Conservatives are absolutely great at cutting essential services for Canadians.

We saw that in the dismal decade when the Harper regime was in power. We saw them slashing health care. We saw them forcing seniors to work more years before they could ever get to their pension. They slashed services for veterans. Unbelievable. Imagine, veterans who have given their lives to Canada, who laid their lives on the line, and the Conservative response was to slash all of those services that were provided to veterans.

Of course, the Conservatives did not cut for everybody. They gave unbelievable amounts of money to Canada's big banks for profits. They put in place the Harper network of tax evasion countries so that we ended up losing $30 billion a year.

The question I would like to ask my colleague is, what are the Conservatives going to cut this time?

[Corey Tochor, Conservative, Saskatoon—University, SK]

Madam Speaker, I feel sorry the member. He has been here an awfully long time, and maybe the length of time is shading some of his memories.

The Harper Conservative government increased health transfers every year by 6%. What the member just shared could be viewed as incorrect, but I would not use unparliamentary language to describe the misleading statistics that he put forward because he knows that is wrong.

I would like to add that the member is a coalition partner with the Liberals. The last time the Liberals were in government, before this time, they slashed the transfers to the provincial governments. In my province, what that meant was 52 rural hospitals were closed, because the Liberals cut the health transfers to Saskatchewan. It is on them as a partner in this costly coalition.

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

Madam Speaker, I was just recently in Edmonton for Earth Day and toured a home that had just cut the gas line supply to the House. It was in Edmonton, where they get rather cold winters. They have an air source heat pump that was installed. They have also installed solar panels on their roof.

The installer was there to talk about the current demand. They cannot keep up in Edmonton with homes that want air source heat pumps installed, because they work so well in cold climates and cut the heating bills substantially while also keeping air quality in the home safer.

I just thought the hon. member would be thrilled to know that this is actually something that happens and does not spring from the imagination of the member for Kingston and the Islands.

[Corey Tochor, Conservative, Saskatoon—University, SK]

Madam Speaker, the member was in Edmonton last weekend. It has been a long spring, but it was not freezing.

What I would put my faith in, in part, is for homeowners' ability to get insurance. Insurance would not cover the house because they know that it is an inconsistent heat source. They will not get coverage.

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

Madam Speaker, tonight, we are looking at Bill S-6, which would not be cutting regulations; it is about modernizing regulations. We missed some opportunities where we could have improved various aspects of Canadian society by actually cutting some regulations and streamlining some other regulations.

This may just be my own childhood and background working in a small business. We had a restaurant and gift shop on the Cabot Trail. We had a lot of tourists come through. My father, who was rather funny, kept getting notices from the Government of Canada. One day, the notice would be about tariffs on T-shirts made in Bangladesh, and another day it would be about something else. He finally decided to start a wall along where people had to wait to get to the washroom. He posted all the notices that we received from the Government of Canada. He then made a lovely sign so he could keep it up to date. It said, “The Government of Canada never sleeps.” Perhaps I have been thinking of it because it is approaching midnight, and I suppose I never sleep, but the truth is that we could use some sense in regulations.

I recently met with a wonderful group that was here meeting with many members of Parliament, The College of Family Physicians of Canada. This is one area in which I wish we would see action. I generally believe we need regulations to protect health and safety, but some regulations simply do not make sense. The ones that generate unnecessary paperwork for doctors hurt our health care system because they tie doctors and their staff up with unnecessary, unproductive work. This includes, for example, having to write a letter every five years to say that a patient still has an amputated leg. There is also paperwork that has to be issued over and over again to help veterans. It takes up a doctor's time to fill out forms and write letters that are completely unnecessary. Often, especially in the case of the CRA, the patient ends up paying for the service separately, and that is the person who is least able to pay. There would be a great deal of sense in trying to figure out how to reduce the regulatory burden, especially where it is impeding our health care system.

We have been talking about this piece of legislation in terms of modernizing. Only one party, the Conservative Party, has put forward speakers tonight. Why am I standing here? It is because I am a bit worried about this bill. It is not necessarily just routine, regulatory modernization. My concern is that this bill, which affects 29 different acts, will go only to the industry committee for review. Most of it is pretty uncontroversial, which is why there has been very little interest in it tonight.

My concern is about what happens with the Species at Risk Act changes. When I read this over, I am not entirely sure they are not substantive. They do not appear to be entirely about modernizing; they appear to be substantial or at least substantive changes to the Species at Risk Act. We do not have a great record with the Species at Risk Act. For instance, the southern resident killer whale was listed as endangered in 2003, and the full recovery plan did not come out until 2018. Any changes to the Species at Risk Act that are more than purely routine must go to the environment committee, not the industry committee. We can send it to committee and study it there, but there are 29 different acts. What if something in there is a mistake and we just go ahead with it because these are just normal changes? What about the change to the Fisheries Act to give a fisheries officer the discretion to not lay charges? What if that is substantive, and what if that is a mistake? It is going to go only to the industry committee.

Wrapping things up, I urge some caution here. This is a missed opportunity to actually reduce regulations, but it is also not modernizing them. In the reading I have done since working on the bill for this evening and since the bill was tabled in the Senate, I have some concerns. I express those concerns now knowing full well this bill will be sent right away to the industry committee and probably promulgated without changes. I hope members of the committee will ensure that they are at least satisfied that changes to the Fisheries Act and changes to the Species at Risk Act would not, in fact, hurt nature in this country any more than we have seen through recent decisions. This includes the Roberts Bank expansion in the Port of Vancouver, which will surely hurt those very same southern resident killer whales.