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(b) provide that, if every opposition based solely on grounds referred to in paragraph 173(1)(m) or (n) of that Act is withdrawn, a bankrupt who was eligible for an automatic discharge before the opposition was filed will be issued a certificate of discharge.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

[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.