Mr. Speaker, Motions Nos. 10 to 14 all deal with clause 44, the regulation-making powers, and for various different reasons each of these proposed amendments is not acceptable in its present form. Furthermore, some of them could create problems. However, for Motions Nos. 11 and 12 the government wishes to propose an alternative amendment that would achieve the proposed objective.
With respect to Motion No. 10, the inclusion of cost benefit analysis in this legislation is something that the government has discussed with industry representatives on several occasions. There was a consensus that there is a role for cost benefit analysis in the regulatory process, but that it is premature to include cost benefit analysis in this legislation. Most important, there is no consensus on the role that cost benefit analysis would or should play in the regulatory decision making process.
For example, should economic considerations be given more, less or equal weight as safety considerations? There are also significant differences of opinion with respect to the application of cost benefit analysis. For example, how do you value a human life or place a value on environmental protection? What cost and what benefits are to be included in the analysis? Until these issues are addressed the government believes strongly that it would be unwise to include a mandatory requirement for cost benefit analysis in this legislation, as this amendment would do.
The government does recognize the importance of this issue and is working with industry to draft a policy for the application of cost benefit analysis to regulatory decision making. That policy will attempt to address how and when cost benefit analysis is to be used in the regulator's decision making process.
With respect to Motions Nos. 11 and 12, the government recognizes the importance of consultation on regulations, particularly on fees. Treasury Board policy requires that all regulations under this act, including regulation regarding fees for services and licences, be published in part I of the Canada Gazette and interested parties be given an opportunity to comment. The AECB often consults with industry before publication in the Gazette . Therefore, the consultation process already exists.
The proposals from the opposition do not specify the manner of consultation. There is no requirement that it be made public nor is there any requirement for a reasonable opportunity to comment. Any consultation process should address these issues.
Motion No. 13 is not acceptable and as I explained when speaking to Motion No. 5, the power to create exemptions must stay in the bill.
With regard to Motion No. 14, clause 44(5) assigns to the governor in council the power to make regulations on matters not otherwise assigned to the commission but which may be necessary to carry out the purposes of the act.
The proposed amendment is counter to normal regulatory practice. It would in essence defeat the intention of the provision, which is to assign the residual regulation making power to the governor in council. It would also be inefficient from a regulatory point of view in that it may lead to unnecessary delays and additional costs associated with having the regulations reviewed and approved by Parliament. For these reasons the government does not find this amendment acceptable.
With regard to Motions Nos. 11 and 12 concerning consultations on fee regulations, we would like to propose the following. I move:
That Bill C-23 in clause 44 be amended by adding after line 20 on page 32 the following:
(12) A copy of each regulation that the commission proposes to make under paragraphs 1(i) or (j) shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons to make representations to the commission with respect thereto.