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(b) provide that, if every opposition based solely on grounds referred to in paragraph 173(1)(m) or (n) of that Act is withdrawn, a bankrupt who was eligible for an automatic discharge before the opposition was filed will be issued a certificate of discharge.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

[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.

[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.

Small Business

[Mona Fortier, Liberal, President of the Treasury Board]

Madam Speaker, I thank my hon. colleague from Saint‑Laurent for her question and her hard work in her community.

Annual regulatory modernization bills are a key element of the government's efforts to improve efficiency while maintaining protections for the environment, consumers, health and safety.

Bill S-6 makes 45 common-sense changes to reduce the administrative burden for businesses, facilitate digital interactions and simplify regulatory processes.

I hope that all parties in the House will agree to help facilitate the work of—

[Emmanuella Lambropoulos, Liberal, Saint-Laurent, QC]

Madam Speaker, this is Small Business Week, which gives us the opportunity to celebrate the contributions of small Canadian businesses that are the pillars of our economy and our communities. To help them prosper, we must reduce the burden of regulations that are no longer required.

Can the President of the Treasury Board update the House on Bill S-6 and how it will help Canadian businesses?

An Act Respecting Regulatory Modernization

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

moved for leave to introduce Bill S-6, An Act respecting regulatory modernization.

(Motion deemed adopted and bill read the first time)

[Karen Cahill, Assistant Secretary and Chief Financial Officer, Treasury Board Secretariat]

Thank you, Mr. Chair.

In fact, Bill S-6 will also change the paper process to a more digital process. It will also enable business innovation through a regulatory sandbox. Finally, it will make changes to our zero-emission vehicles.

As the minister indicated, there are a lot of advantages to the regulatory process as it will enable our businesses to restart within the economy after the pandemic.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Again, I will just inform you that this annual regulatory modernization bill helps us to reduce red tape. It helps us to make sure that businesses can function without that red tape.

I know that we have Karen, who might want to go into the details of those we are presenting right now in the Senate with Bill S-6.

[Parm Bains, Liberal, Steveston—Richmond East, BC]

Okay.

Bill S-6 amends the Canada Lands Surveyors Act so that it harmonizes with provincial and territorial law.

How will this change reduce regulatory burden and improve efficiency?

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Thank you for the question.

As you know, we're making our regulatory system more effective and less burdensome. While we maintain our world-class protections for consumers, health, safety and the environment, at this time the second annual regulatory modernization bill is in the Senate. It's Bill S‑6. It will reduce administrative burden for businesses, facilitate digital interactions with government and simplify regulatory processes. These changes will also support our economic recovery by helping businesses do what they do best—make it easier for Canadians to get things done.

That is what we're currently seeing with Bill S‑6 in the Senate at this time.

[Karen Cahill]

As stated by the minister in the first hour, Bill S-6 will offer more, make it easier for businesses to do business across borders. It will provide a more digital environment for Canadians to deal with our Canadian business. This bill will also ensure that we are able to make it less burdensome for businesses to do what they have to do. Therefore this will help them with the restart of the economy postpandemic.

[Parm Bains, Liberal, Steveston—Richmond East, BC]

Thank you, Mr. Chair, and thank you to all of our witnesses here today.

I'm going to talk a little bit about a question around barriers on innovation and economic growth. Since the minister last appeared in front of this committee, the government introduced Bill S-6. The bill repeals or amends regulations that have over time become barriers to innovation and economic growth.

Can any member of the team maybe comment on how that bill will do this?

[Mona Fortier, Liberal, President of the Treasury Board]

Thank you, Mr. Chair.

Thank you for having me again, this time to discuss the main estimates for the 2022-23 fiscal year, and the departmental plan for the Treasury Board Secretariat for the same period.

Today, I am accompanied in person and virtually by the following Treasury Board Secretariat officials: Annie Boudreau, assistant secretary, expenditure management sector; Karen Cahill, assistant secretary and chief financial officer; Marie‑Chantal Girard, assistant deputy minister, employee relations and total compensation; Monia Lahaie, assistant comptroller general, financial management sector; Samantha Tattersall, assistant comptroller general, acquired services and assets sector; and Paul Wagner, assistant deputy minister, strategy and transformation.

Mr. Chair, I would like to start by recognizing the excellent work done by these officials. I'm most grateful for all their efforts.

The 2022-23 main estimates seek funding to address Canada's key priorities. They include infrastructure investments, benefits for seniors and students, transfers to the provinces and territories for health care and child care, and action to reduce emissions and green our economy.

The government is also seeking the necessary investments to continue protecting and supporting Canadians through the COVID-19 pandemic, and to foster economic recovery.

The main estimates contain information on planned budget expenditures totalling $397.6 billion, which will allow 126 organizations to provide programs and services to Canadians. This amount will be allocated through voted expenditures of $190.3 billion as well as $207.3 billion worth of statutory spending, which is already authorized under current laws.

As always, details about each organization's work can be found in the departmental plans. The plans were tabled the day after the main estimates, supporting parliamentary scrutiny.

The Treasury Board of Canada Secretariat is seeking $7.8 billion in funding in these main estimates, and $4.3 billion is broken down as follows: $750 million for government contingencies, $152 million for government-wide initiatives, $2.1 billion for operating and $750 million for capital budget carry-forward, and $600 million for paylist expenditures.

These central votes support Treasury Board in its role as the expenditure manager, employer and general manager for the Government of Canada.

There are also funds totalling $3.2 billion for payments to pension, benefit and insurance plans, which include employer contributions for employment insurance, wage loss insurance and life insurance. The remaining $320 million will be used for the department's operations and activities.

Before closing, Mr. Chair, allow me to touch briefly on some of my department's objectives and priorities. In its spending oversight, TBS is beginning an ongoing strategic policy review to ensure that programs are effective on challenges like climate change, the pandemic and growing the economy. It will also adapt government to our postpandemic reality, such as digitization.

I want to be clear: The review is about smarter government, not smaller government.

TBS will also work with Environment and Climate Change Canada to ensure that climate considerations are integrated throughout the government's decision-making.

In its role as employer, TBS will continue to ensure that Canadians can receive services in both official languages. We'll work to bolster our role through Bill C-13, an act for the substantive equality of Canada's official languages, which will strengthen our monitoring, auditing and evaluation.

We'll also begin a review of how to best protect the courageous whistle-blowers who disclose serious wrongdoing within government.

As to the Treasury Board Secretariat's administrative leadership role within government, it will continue to improve Canadians' digital experience when they access government services. The secretariat will work with its governmental partners to help departments and agencies attain the required minimum of at least 5% of the value of federal contracts being awarded to indigenous communities.

Moreover, the secretariat will work with departments and agencies towards fulfilling the government's commitment to purchasing completely clean electricity wherever possible by the end of 2022, electrifying the federal fleet of light vehicles by 2030, and reducing waste production and water consumption.

In its people management role, TBS will bring forward a plan for the future of work in the public service. It will also support departments in removing barriers for public servants with disabilities, and in implementing plans outlined in their responses to the call to action on anti-racism, equity and inclusion in the public service.

Finally, in its regulatory oversight role, TBS will continue to lead efforts to ensure that regulations maintain high health and safety standards while improving the competitiveness of Canadian businesses. A key measure is Bill S-6, the second annual regulatory modernization bill. This legislation will reduce administrative burden for businesses, facilitate digital interactions with government and simplify regulatory processes. Bill S-6 will support our economic recovery by helping businesses do what they do best and by making it easier for Canadians to get things done.

Mr. Chair, these priorities set out in the Treasury Board Secretariat's departmental plan and the investments requested in the main estimates reflect our efforts to meet the evolving needs of Canadians.

With these documents, the government continues to provide information in an open, transparent and responsible matter so that parliamentarians and Canadians have a clear idea of the way the government intends to invest money for Canadians and for Canada.

Again, I would like to thank the committee for its work and the valuable role you play in the estimates and parliamentary supply process.

In closing, thank you again for the invitation. My officials and I would be pleased to answer your questions at this time.