Mr. Speaker, I move:
That Bill C-84, an act to provide for the review, registration, publication and parliamentary scrutiny of regulations and other documents and to make consequential and related amendments to other acts, be referred forthwith to the Standing Committee on Justice and Legal Affairs following first reading, pursuant to Standing Order 73(1).
Mr. Speaker, I do indeed make that motion. I say that Bill C-84, which is intended as a new regulations act, should go to the committee, and members of this Parliament should have the opportunity, before the House decides in principle on this approach to regulation, to discuss its terms.
It may seem that the legislation that governs the making of regulations in government is a technical or a dry subject, but in fact it will surprise some of the members to know that indeed there is a great deal of interest in this subject. There is a great deal of interest among Canadians because that process, the process by which subordinate legislation is made, has a direct effect on the way business is done in this country, on the productivity, on the competitiveness of business.
May I say that this proposed legislation is intended to increase the productivity and the competitiveness of our economy, which this government believes it will do.
I also observe this motion and indeed the regulations act, which is being sent to committee after first reading, is another good example of the value of Standing Order 73(1) of the House of Commons, which was sponsored by my hon. colleague the House leader at the opening of this Parliament.
The new regulations act to which I speak today is intended to replace the Statutory Instruments Act, which for almost 25 years now has governed the Canadian system of making regulations. Bill C-84 offers important improvements to that outdated piece of legislation, intending to streamline and reduce delays in the process by which regulations are made at the federal level in Canada.
The legislative reform is an important part of the regulatory reform, part of the innovative economy initiative of my colleague, the Minister of Industry. This legislation is intended to support the bold, innovative, imaginative measures he is taking to strengthen Canada's economy.
There can be no doubt about the need for change in the process by which regulations are made. Problems are created by the current regulatory process. They have been identified many times in the past. There have been repeated calls for legislative improvements, most recently during the government-wide regulatory reviews of 1992-93.
Permit me to touch on some of the key elements of this bill. First, it is intended to provide a simpler and more principled definition of what a regulation is in modern government so that the scope of the act will be more clearly understood, so that its application will be more readily determined.
Second, an effort has been made in drafting Bill C-84 to use plainer language, to more directly communicate its meaning to those persons who use it and who invoke the process.
Third, the statute divides regulatory documents into different categories and provides for different kinds of review, depending upon what category a document falls into.
Fourth, it provides for a revised exemption power that will now be subject to an express public interest consideration.
Fifth, Bill C-84 codifies and I believe clarifies the law by expressly authorizing incorporation by reference, whether on international or other standards that are intended to be included in Canadian regulations, always subject to an express requirement that whatever is incorporated by reference should be made readily
accessible to members of the public or any other interested party who wishes to have them.
Sixth, Bill C-84 contemplates a modernized process allowing for the creation of an electronic registry of regulations while at the same time maintaining government accountability for regulations through parliamentary scrutiny.
We know that in order to reform the Statutory Instruments Act, a balance must be struck between the interests of the various stakeholders. The new legislation is to streamline and expedite the making of regulations. Yet, this will be done without overlooking the requirement for advance notification, public representations and a thorough parliamentary scrutiny of any related mandatory legislation.
That is why I believe it is important to note that the changes sought by the Regulations Act are, for the most part, material amendments that leave the essence of the current process unchanged. These amendments are designed to remove ambiguities, simplify steps as required and generally modernize the regulatory process.
But first and foremost the purpose of the new Regulations Act is to maintain and strengthen the objectives and basic principles of the Statutory Instruments Act, which contains the legal safeguards required to make binding regulations. These objectives include the rule of law, transparency, the publication of regulations and the monitoring of the executive by Parliament as part of its legislative power.
While the Statutory Instruments Act has generally served Canadians well over the last two decades, over time the regulatory process has come to be viewed both inside and beyond government as an impediment to the timely and efficient making and repeal of federal regulations. The current operation of the Statutory Instruments Act makes it difficult for federal regulators to respond in a timely manner to changing needs with new and improved regulations because the regulatory process is too cumbersome and time consuming. This is of concern to all Canadians, particularly Canadian business because these regimes are not well tailored to evolving circumstances.
Unnecessary delays in modernizing and improving regulatory schemes can also reduce our ability to respond quickly and effectively to new developments in areas such as health and safety, environmental regulation, international trade or federal-provincial relations. Outdated and inappropriate regulatory schemes can also undermine respect for the law, economic growth and competitiveness. They can also complicate the working relationship between the government and the private sector.
We believe that the new act will improve the capacity of government to respond quickly and effectively to changing circumstances, reduce the overall volume of regulations and provide for an expedited process. It will allow us to incorporate important documents by reference. It will do all of that without reducing the role of Parliament in overseeing government as it makes subordinate law.
In moving today that this proposed statute now go to committee for consideration, I express the government's conviction that it represents a significant improvement in Canadian law. I know it will receive the usual balanced and insightful commentary from my colleagues in other parties. I look forward enthusiastically to my own involvement in that important process.