Mr. Speaker, I am pleased to see a fair bit of support around the House for this private member's bill, Bill C-205. I hope that will carry us through the vote which ultimately will take place.
Remarks were made earlier in the House congratulating the member for introducing the bill. I also congratulate him but want to pay tribute to others before him who introduced bills similar to this one. It has been almost a tradition of joint chairs of the standing joint committee to introduce a bill of this nature to, in effect, remedially correct a small omission existing in the disallowance procedure, also referred to earlier by members.
I will abandon a lot of my formally prepared remarks because members have been good enough to recite the history, going back to the 1970s and the reform in 1986.
Essentially, the bill corrects an omission which was acknowledged even as the procedure was put into place in 1986. The disallowance procedure allows the House to disallow a regulation made by the governor in council and by a minister if the regulation does not comply with the law established by the House and the regulation delegated under procedures in law created by the House. If a minister or agency of government is delegated authority to make subordinate legislation, they must comply with the laws and the procedures put in place by the House. If not, they must correct it. In the end, if there is an impasse the House will disallow it.
The standing joint committee has done this work for almost 30 years, and 98% of the time the committee spends it time correcting errors in regulations. In many cases, the government itself will withdraw the regulation and make the corrections. A lot of work done on this is about as exciting as dry toast. In fact, the debate on the bill today will not appeal to many people because it is just that, a technical thing.
One member earlier suggested that the House did not have a disallowance procedure. We do have a procedure and we use it. The House has disallowed regulations nine or ten times over the last 10 years. The system does work but there is a piece of it that does not.
Approximately 90% of the regulations that are made are governed by the existing disallowance procedure. It is only a small segment of regulations made by agencies to which the House has delegated a power to make regulations. Examples are the CRTC, the Canadian Transport Commission and a few others. The reason the House does not and cannot disallow is that our authority to disallow is only enforceable in relation to ministers, the Prime Minister, the governor in council, and members present in the House. We can enforce in relation to them, and it works. However, for a technical reason, it is constitutional in nature. The orders and resolutions of the House cannot be enforced against citizens out there in the real world, such as an agency. Agencies do not sit in the House. Regulations made by those agencies under authority of the House sit in a no man's land, not subject to the full and final scrutiny of the House and the disallowance procedure.
We deal with defects in those regulations. We work with them all the time. We write them, deal with them and corrections are made but occasionally we have an impasse.
I have noticed that sometimes it takes a lot of extra time to hear back from agencies when the committee writes to them. Why? I am not sure why. However they know that at the end of the day the House is not in a position to disallow. The House cannot use the hammer or the nuclear option, as we sometimes describe it on the committee.
All the bill would do is remediate the missing 10% of the ambit of the net of the disallowance authority. To many people it may seem like a small thing. It is only about 10% of the volume that we do. In fact, I cannot recall a case where we actually did want to do a disallowance involving an agency. The point is that the procedures and authority that we have are incomplete. They were acknowledged as being incomplete by the justice minister in 1986 when the procedures were put in place. Anybody who sees the whole procedure understands it is incomplete. All the bill would do is complete it. We do that by placing the procedure into statute form.
By putting this in statute form, the bill would create a clock. It would provide a 30-plus day timeframe within which the bill would be deemed disallowed. The current disallowance procedure involves the House making an order to the minister, the governor in council or the Prime Minister, to revoke the instrument. In every case the government has done that when the House has ordered it. What the statute would do is directly revoke the instrument or allow the revocation of the instrument when the House makes its order, and there would be a 30-plus day period when the department could re-enact, replace or correct the revoked order. That seems like a reasonable procedure and, as colleagues have pointed out, that 30 day period exists. It does not exist in some jurisdictions, such as, I believe, Australia. The Province of Quebec has a similar procedure. In those cases, when the House does the disallowance, it is immediate and we end up with a timeframe when there is not a regulation in force.
We acknowledge in the House that there are times when it is just practically stupid to revoke a regulation and leave nothing in its place. It may cause inconvenience, extra costs and disorder. In every case, the committee takes these issues into consideration when it feels it has to move toward a disallowance. We realize the implications, and the authority of the House, through the committee, has been used very responsibly over the years.
It is not worth very much in terms of critical mass but I want to point out that about a year ago I wrote and published a pamphlet dealing with parliamentary reform. It was called “Backbench Exercises”. One of the 16 recommendations in the report was that the House remediate, fix, make complete this statutory disallowance power simply because it was an omission. It is a defect.
In the end, I can only submit that it is absolutely illogical for the House to have a procedure in existence involving disallowance, which it has already, that controls those to whom we delegate the authority to make subordinate law and not include all the regulations, all the subordinate instruments. It is an omission. All we are trying to put in place here is some remedial legislation, a statutory procedure, that would in effect make the whole disallowance procedure whole, complete, logical and effective.
I will of course be supporting the bill. There may be some need to fine tune it a bit at committee if it is adopted by the House, which I hope it will be, in the vote. I want to signal to those who care about this very dry, technical area that I will be working very aggressively on both sides of the House to do my very best to see that the legislation is put in place so that it will serve the House and Canadians in the future.