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(b) provide that, if every opposition based solely on grounds referred to in paragraph 173(1)(m) or (n) of that Act is withdrawn, a bankrupt who was eligible for an automatic discharge before the opposition was filed will be issued a certificate of discharge.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

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, let me just say equal, elected and effective.

The first action I ever took as a Canadian in a democratic process was to put a wonderful reform party of Canada sign on my dad's front lawn. From that day on I learned about how the Senate has under-represented my province since its inception into Confederation and that one day, through economic reconciliation with first nations, we might see British Columbia gain its proper place in this federation. However, we cannot do it without working with indigenous Canadians so they can take control of their lives. Get the Indian Act out of the way. Let them flourish through resource development and partnering with businesses to create a new life and new opportunity for young people, especially young indigenous peoples across our great country.

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

Madam Speaker, I think we are all astonished by the turn this debate has taken on modernizing regulations.

I just wanted to express to the member some degree of sympathy that the electoral boundary redistribution will deprive him of representing the town of Ashcroft and the extraordinarily vital and engaged citizenry. As well, I think he is losing Lytton, which we already lost in action. It has not moved. I am not being facetious about losing Lytton. We shall never lose Lytton. It must be rebuilt.

Does the hon. member think it is inevitable that his boundaries are redrawn in that fashion?

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, I thank my colleague from Saanich—Gulf Islands for the good-faith question. On the redistribution process, the member knows that Fraser Canyon and all of those communities have a special place in my heart, as they do for her.

I think Ashcroft is like the Sedona of Canada. It has such a bright future. There are so many amazing things going on there. It is one of the few ecological zones in Canada that are actually a desert. It is beautiful and I encourage everyone to visit the village of Ashcroft.

I would be remiss if I did not mention Cache Creek. There is flooding going on in Cache Creek, which has increased every year since the 2017 Elephant Hill fire. In fact, since that time, we have lost the fire chief to a previous flood. It just goes to show how much work we have to do on climate mitigation and adaptation for small communities like Cache Creek in order to give them a future, so they are not subject to these annual floods, which tear apart businesses and people's homes.

My staff will continue working hard to support Lytton. We have made progress. We are working in good faith with all parties. Building permits can be issued now, but we have so much more to get done.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, seeing that my hon. colleague is so enthusiastic, I would like to ask him if he is ready to entertain the idea of separatists being appointed to a reformed Senate. I am not saying that we would go there.

I am curious if he would be ready to entertain even that idea. It does represent the opinion of a significant number of Quebeckers.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, every Canadian, even Quebeckers who do not believe in Canada, has the right to vote according to their conscience, and to even vote for an elected Senate.

[Matthew Green, NDP, Hamilton Centre, ON]

Madam Speaker, I do appreciate the turn this has taken. I am learning so much about the hon. member. In his passionate remarks, he used a phrase that Conservatives like to use, which, quite frankly, is made up. It is this idea of “economic reconciliation”. If the member wants to have true reconciliation, I would love for him to put on the record the ways in which his government, if elected, would remove the red tape in its entirety by just giving land back. That would be true reconciliation with first nations on all the legal fictions that were made under the treaties.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, I think my hon. colleague forgot to point out that we need to abolish the Indian Act. I also said that in my debate tonight. We have so much work to do.

It is not me stating that they want economic reconciliation. It is the Stó:lo Nation pushing to have more control over forestry tenure so that it can take control of its own resources.

That is why I am pleased to outline again that the Conservative Party is taking an indigenous-led process to develop a new way to reconceive how we develop natural resources in Canada. Many of the first nations constituents I represent, like those in Lytton, benefit a lot from some of the economic development already taking place and receive large sums of money. One member was telling me that the Lytton tribal council receives over $1 million a year in remittances. It entered that agreement in good faith with Teck Resources.

We have so much to do, but ultimately, we are not going to get there until, as the member pointed out, the indigenous people of Canada have more control over their lands.

The House resumed consideration of the motion that Bill S-6, An Act respecting regulatory modernization, be read the second time and referred to a committee.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I know that many of us are not used to being here this late in the evening, but maybe we are not really here and this is all a dream, because I have difficulty believing that the government is actually doing something about this mountain of red tape that Canadians face. While it is true that Bill S-6 would not do much, at least we are doing something.

Before the people of Edmonton Manning asked me to represent them here, I was a business owner. For over 20 years, I worked to build a company that had not only domestic but international sales. I have first-hand experience in how the excessive regulations and red tape this government imposes on business hurt Canadian companies and prevent them from being competitive—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I would ask the hon. members who want to have conversations to please go to the lobbies.

The hon. member for Edmonton Manning.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, this is the second interruption from the other side for some reason.

I am splitting my time today with the member for Mirabel.

It is good to see a bill that reduces the administrative burden government places on business, facilitates digital interactions with government and simplifies regulatory processes. All our legislation should be aimed at making government smaller and simpler, in order to serve the Canadian people rather than handicap them. This is a new idea from the Liberals, one I hope they stick with.

I am encouraged to discover that this bill makes exemptions from certain regulatory requirements to test new products without sacrificing safety. It will also make cross-border trade easier through more consistent and coherent rules across governments. If we ask those in business, they will tell us that all too often the rules applied by one government department are not consistent with those applied by another department.

It was also encouraging to hear that the measures proposed in Bill S-6 are the result of a public consultation process by the Treasury Board Secretariat, as well as asking federal departments what changes are required to further streamline the regulatory process. Consultation makes sense and I would encourage the government to try it in other areas as well.

I would also encourage the Liberals to speed up the process for eliminating unnecessary government red tape. The regulatory modernization bill, the RMB, is supposed to be instituted annually to optimize regulatory processes between government departments. By doing this every year, the hope is the bureaucratic hill of red tape will not be allowed to grow into a mountain.

If we look at the Treasury Board of Canada Secretariat's website, we will in fact see that the legislation is referred to as an annual regulatory modernization bill. Admittedly, English is not my first language, but I was led to understand that “annual” describes something that happens every year. This is the second RMB the current government has offered us. The first was only four years ago. This one was introduced last year, but obviously has not been a priority for the Liberals. Simple math says that they need to introduce four more RMBs this year to bring us up to date, but as we have seen with the budget and the government's financial plan, simple math is not their strong suit.

The 2019 RMB made changes to 12 pieces of legislation in the areas of transportation, pest control, electricity and gas inspections.

For example, the Canada Transportation Act and the Food and Drugs Act were amended to allow for innovation, permitting limited exemptions from regulatory requirements for regulatory sandboxes to test the new products that would benefit Canadians, such as tissues developed through 3D printing.

The Electricity and Gas Inspection Act was amended to support the use of new technologies, including zero-emission vehicles, light-emitting diodes, LEDs, and hydrogen-fuelled vehicles.

The Canada Transportation Act was amended to allow for digital and electronic processes and documents in addition to in-person or paper-based ones.

Changes to the Pest Control Products Act removed a redundant review requirement when another review was already considering the issue or could be modified to include the issue.

Amendments to the Food and Drugs Act provided more clarity to industry about which regulations apply to their products.

Now we have Bill S-6, which proposes 46 minor changes to 29 acts that are administered by the following 12 government organizations: Canadian Food Inspection Agency; Innovation, Science and Economic Development Canada; Natural Resources Canada; Environment and Climate Change Canada; Immigration, Refugees and Citizenship Canada; Fisheries and Oceans Canada; Canada Border Services Agency; Agriculture and Agri-Food Canada; Crown-Indigenous Relations and Northern Affairs Canada; Health Canada; Transport Canada; and Parks Canada.

It is good to see that the bill has a larger scope than the previous RMB and that the Liberals are discovering more places where the government needs to get out of the way. It is the least they can do.

Ask any business person and they will tell us that Canada has a red tape and productivity crisis, which is why, to me, this bill is both encouraging and disappointing.

It is encouraging because at least the Liberals are beginning to understand that there is a problem. It is disappointing because there is so much more that needs to be done; an annual bill that is, in reality, brought to the House once every three or four years is not enough to solve the problem.

The items addressed in this bill are minor at best and do little to address the onerous red tape regime that is slowing economic growth in Canada. It is the barest of the bare minimums the Liberals could make in reducing red tape and bureaucratic overreach.

It does nothing to substantively address the bureaucracy and red tape stifling economic growth. It is a Liberal bill heavy on announcement and light on delivery.

Certainly, no one would object to the changes proposed, which includes amending the Health of Animals Act to enable the minister to make an interim order that may be used when immediate action is required to deal with a significant risk, to protect animal health, human health and the environment. This is just basic common sense.

It includes making changes to the Canadian Food Inspection Agency Act, which would allow the agency to deliver services and allow businesses to interact with CFIA through electronic means rather than having to rely solely on paper-based transactions. This change would reduce administrative burdens for businesses and allow them greater flexibility in their interactions with the government. Paper-based transactions are usually slower than electronic ones. This is also a matter of common sense.

It includes making changes to the Department of Citizenship and Immigration Act, to enable information sharing to help administer any federal or provincial law for permanent and temporary residents.

This bill has three main purposes: first, to make doing business easier, especially when government is involved; second, to provide flexibility and agility in government regulatory systems; and, third, to improve the integrity of the regulatory system. It is good to start but it is only a start. As the mountain of red tape grows, we need to do better. Given the track record of the Liberal government, though, maybe I am dreaming.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, in a bill on modernization and regulations, I feel compelled to pay tribute to a woman from my region, Jocelyne Trudel, who has to retire from her job at the Caisse Desjardins because her term is up, in line with regulations.

I want to pay tribute to her because, first of all, I was a member of the board of directors of the credit union. I had to resign when I was elected. This woman did everything very thoroughly and rigorously. She is a very generous woman. I really wanted to pay tribute to her today.

I have a question for my colleague. How can we help our administrators simplify all the paperwork for our businesses? Is there any way to do this?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, this is a business case, basically. When one does business, one structures it properly and one puts the proper steps that are streamlined by nature. One does not put the processes that start adding red tape over and over to thicken the bureaucratic process so that business cannot be done. That is one way of doing this. It has to start in the roots and it has to be a culture of any government running this country.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Madam Speaker, my hon. colleague did, sort of, reference his life before entering the House of Commons. We are so fortunate to have him here. He has a very strong background in business.

As the government goes on to do the third iteration of Bill S-6, from a completely business perspective, and as we did see in The Globe and Mail today that this is a time when fewer Canadians than ever are considering starting a small business, what are some considerations for business or even small business?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I know so many friends who are trying to start a business or are already in business, and the amount of red tape that they are facing is incredible.

It is so risky nowadays to think about starting a business. Those regulations start with the government. The government has to understand the common sense of doing business for businesses to be competitive, for their ability to survive in the long term, and to be productive enough so that they can continue to do business and be encouraged to do so.

The current environment of doing business in this country is not encouraging whatsoever. The government needs to act very quickly.