House of Commons Hansard #234 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was regulation.
Alain Giguère NDP Marc-Aurèle-Fortin, QC
Mr. Speaker, I wish to present a petition signed by people from my riding who are calling for the creation of an ombudsman position that will really have some authority when it comes to Canadian mining companies operating abroad.
This problem is tarnishing the image that many people have of Canada. Fixing this situation would be the right thing to do.
Niki Ashton NDP Churchill, MB
Mr. Speaker, I am honoured to present a petition signed by many incredible women, strong feminists from Newfoundland, who are calling on the government to enact a national action plan to end violence against women. The petitioners are showing their support for a motion that I put forward, Motion No. 444. They do not want to stop at the defeat of that motion, but push for action to end violence against women in Canada today.
Kirsty Duncan Liberal Etobicoke North, ON
Mr. Speaker, today I present six petitions regarding our most pressing environmental issue and perhaps the defining issue of our generation: climate change.
One petition deals with the science of climate change and five others deal with a few of the projected impacts of climate change, including economic impacts, extreme weather events and rising food prices.
The petitioners call upon the government to accept the science of climate change, adopt a comprehensive climate change plan and help Canadians adapt.
Mr. Speaker, I wish a happy summer to everybody.
Mathieu Ravignat NDP Pontiac, QC
Mr. Speaker, it is my pleasure to table a petition demanding that Parliament pass legislation to remove all flavours from all tobacco products since they are marketed to youth and create addiction.
Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON
Mr. Speaker, I am pleased to rise to table two petitions.
The first petition is regarding the creation of the defence of Canada medal.
As members know, many men and women gave countless hours of service to their country as they trained and prepared for an attack on Canadian soil during the Cold War era. The petitioners recognize that these individuals who served in the regular and reserve forces, police forces, emergency measures organizations and civil organizations worked to protect Canada. The petitioners are asking that the House support Bill C-354, which would create a defence of Canada medal in honour of these veterans of the Cold War.
Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON
Mr. Speaker, the second petition pertains to the Algoma Central Railway. These petitioners signed the petition before the government finally came to its senses and provided the additional dollars that were needed to keep the ACR going. I know there is still some concern about that, and therefore, this petition is still relevant as we need to make sure that the ACR is protected in the long run.
Irwin Cotler Liberal Mount Royal, QC
Mr. Speaker, I am pleased to rise to present three separate petitions today.
The first is a petition on behalf of Canadians who are calling on the Government of Canada and members of Parliament to take note of the human rights violations perpetrated in Venezuela by the government of President Nicolás Maduro, including the criminalization of dissent, the shuttering of independent media and the imprisonment of opposition leaders.
The petitioners call upon the Government of Canada to further study the human rights situation in Venezuela, including a mission to conduct first-hand evaluations of the situation there.
This is a particularly timely petition as opposition leader Leopoldo López and former San Cristobal mayor Daniel Ceballos have embarked upon a hunger strike to protest their imprisonment and that of other opponents of the regime.
Mr. Speaker, the second petition is on behalf of Canadians who wish the government to apologize to Dr. David Shugar for the human and civil rights violations he suffered, including serious damage to his reputation and loss of employment as a result of false accusations that he was a Communist spy in 1946.
The petitioners call on the government to submit a letter of apology to Dr. Shugar who, as a result of these civil rights abuses, and despite being exonerated of all the accusations against him, was summarily dismissed from his position with the federal Department of National Health and Welfare, unable to secure employment and forced to emigrate to Poland where he resides today. He is close to 100 years of age.
Irwin Cotler Liberal Mount Royal, QC
Mr. Speaker, the third petition is signed by Canadians who are concerned about the situation of Seyamak Naderi, an Iranian citizen and former political prisoner and resident of camps Ashraf and Liberty, currently living as a refugee claimant in Albania and who is in urgent need of medical care.
The petitioners are concerned about the grave dangers he would suffer if returned to his native Iran. His sister Saeideh, the only member of his family who can provide the needed ongoing care that he requires, is a Canadian citizen seeking his reunification with her here in Canada.
The petitioners call upon the Government of Canada and the House of Commons to do everything in their power to expedite the recognition of Seyamak Naderi as a refugee and reunite him with his sister here in Canada as soon as possible.
Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC
Mr. Speaker, I have the honour to present a petition signed by hundreds of my constituents. They are very concerned about the quality of transportation in our region. They are calling specifically for the return of VIA Rail service, which would make our region far less isolated. There is no doubt that our region is quite remote.
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Speaker, I rise today to present three petitions, all of which are from constituents within Saanich—Gulf Islands.
The first petition calls for an aggressive climate strategy. The petitioners have set out the goals that were once accepted in a piece of legislation passed under the name of my colleague, the member for Thunder Bay—Superior North, calling for a reduction by 2050 of 80% of carbon dioxide levels below those of 1990.
The second petition, Mr. Speaker, calls upon the Government of Canada to act on the issue of hydraulic fracturing, or fracking. The petitioners compel the oil and gas companies to disclose all the chemicals that they are currently using and to conduct a comprehensive environmental review, among other measures.
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Speaker, the last petition is very timely given that the Supreme Court of Canada has given one year's notice to deal with the issue of end-of-life decisions.
The petitioners call upon the House of Commons to respect the will of Canadians and enact legislation with clear guidelines to physicians to allow competent, fully informed and terminally ill patients the option of physician-assisted death.
David McGuinty Liberal Ottawa South, ON
Mr. Speaker, pursuant to Standing Order 36, I rise today to table yet another petition regarding the devastating cuts to service and the huge price increases at Canada Post.
I am pleased to table this petition on behalf of concerned Canadians in St. Catharines, Ontario, who are suffering the effects of these changes.
I look forward to the government's response.
Matthew Kellway NDP Beaches—East York, ON
Mr. Speaker, I am pleased to present two petitions today.
The first is in support of a pan-Canadian food strategy. The signatories point out that Canada is notable among its industrialized comparators in its absence of a comprehensive food policy.
The signatories to this petition call upon the Government of Canada to implement a pan-Canadian food strategy to support farmers, improve access to healthy and local food, and to market Canadian food at home and abroad.
Matthew Kellway NDP Beaches—East York, ON
Mr. Speaker, the second petition deals with the federal lands in Durham region.
The signatories to this petition point out that the federal lands in Durham region encompass class 1 Ontario greenbelt farmland and the vital watersheds of the Oak Ridges Moraine, but that this land is designated for an airport and economic development and not agriculture.
The signatories call on the House of Commons to rescind all plans for an airport and non-agricultural uses on the federal lands in Durham region and to act instead to preserve the watersheds and the agricultural land of this irreplaceable natural resource for the long-term benefit of all Canadians.
Mauril Bélanger Liberal Ottawa—Vanier, ON
Mr. Speaker, I have a petition signed by Canadians from across Quebec and Ontario who are calling on the Government of Canada to pressure the Government of Burundi to comply with its constitution, end the violence and abide by the Arusha accord of 2000, which prohibits the president from seeking a third term. The violence is due to the fact that the president is doing just that. The petitioners are also calling on the Government of Canada to temporarily suspend financial aid to Burundi until a legitimate election is held and to suspend the deportation of Burundian citizens to Burundi so as not to expose them to the violence.
However, I must obtain the unanimous consent of the House because this petition was not certified. I am therefore seeking unanimous consent to table this petition.
The Deputy Speaker NDP Joe Comartin
Does the hon. member have the unanimous consent of Parliament to table the petition?
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, the Prime Minister's decision to allow Canada Post to end door-to-door delivery has upset a great number of Canadians. As such, Canadians from every region of the country have been signing petitions. I present yet another petition in opposition to the ending of door-to-door mail delivery. People are upset with the number of people who will be fired from Canada Post and with the increase in postal rates.
The petitioners are calling on the government to restore door-to-door delivery and to cut out the hidden agenda against Canada Post. They believe the Government of Canada should support Canada Post.
Questions on the Order PaperRoutine Proceedings
Regina—Lumsden—Lake Centre Saskatchewan
Conservative
Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, I ask that all questions be allowed to stand.
John Duncan Conservative Vancouver Island North, BC
moved that Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, be read the third time and passed.
Incorporation by Reference in Regulations ActGovernment Orders
Mississauga—Erindale Ontario
Conservative
Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice
Mr. Speaker, today I would like to speak about Bill S-2, the incorporation by reference in regulations act. Yes, this is riveting. While it may not be the subject of headlines, it is actually very important.
Bill S-2 has been studied by the Standing Committee on Justice and Human Rights and has been reported without amendment back to the House. Before that, the Senate Standing Committee on Legal and Constitutional Affairs also reported the bill, without amendment, to the House for consideration.
This bill deals with a regulatory drafting technique. Essentially, the bill clarifies when federal regulators can or cannot use the technique of incorporation by reference.
The technique of incorporation by reference is currently used in a wide range of federal regulations. Indeed, it is difficult to think of a regulated area in which incorporation by reference is not used to some degree.
Bill S-2 is about securing the government's access to a drafting technique that has already become essential to the way governments regulate. It is also about leading the way internationally in the modernization of regulations. However, more directly, Bill S-2 responds to concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations about when incorporation by reference can be used. This bill would create the legal clarification that is needed so that regulators and the committee can ensure that there is no uncertainty in the process of incorporation by reference.
Incorporation by reference has already become an essential tool that is widely relied upon to achieve the objectives of the government. Both committees have heard that it is also an effective way to achieve many of the current goals of the cabinet directive on regulatory management, which are cabinet's instructions on how to ensure effective and responsive regulations. For example, regulations that use this technique are effective in facilitating intergovernmental co-operation and harmonization, a key objective of the Regulatory Cooperation Council established by the Prime Minister and President Obama. By incorporating the legislation of other jurisdictions with which harmonization is desired, or by incorporating standards developed internationally, regulations can minimize duplication. This is an important objective of the Red Tape Reduction Commission. The result of Bill S-2 would be that regulators would have the option of using this drafting technique in regulations aimed at achieving these objectives.
Incorporation by reference is also an important tool for the government to help Canada comply with its international obligations. Referencing material that is internationally accepted, rather than attempting to reproduce the same rules in the regulations, also reduces technical differences that create barriers to trade and is, in fact, something Canada is required to do under the World Trade Organization's Technical Barriers to Trade Agreement.
Incorporation by reference is also an effective way to take advantage of the use of the expertise of standards writing bodies in Canada. Canada has a national standards system that is recognized all over the world. Incorporation of standards, whether developed in Canada or internationally, allows the best science and the most accepted approach in areas that affect people on a day-to-day basis to be used in regulations. Indeed, reliance on this expertise is essential to ensuring access to technical knowledge across the country and around the world.
Testimony by witnesses from the Standards Council of Canada before the Standing Committee on Justice and Human Rights and the Standing Senate Committee on Legal and Constitutional Affairs made it clear how Canada already relies extensively on international and national standards. Ensuring that regulators continue to have the ability to use ambulatory incorporation by reference in their regulations, meaning the ability to incorporate by reference a document as it is amended from time to time rather than just in its fixed or static version, means that Canadians can be assured that they are protected by the most up-to-date technology.
Incorporation by reference allows the expertise of the Canadian national standards system and the international standards system to form a meaningful part of the regulatory tool box.
Another important aspect of Bill S-2 is that it allows for the incorporation by reference of rates and indices, such as the Consumer Price Index or the Bank of Canada rates, which are important elements in many regulations.
For these reasons and more, ambulatory incorporation by reference is an important instrument available to regulators when they are designing their regulatory initiatives. However, Bill S-2 also strikes an important balance in respect of what may be incorporated by reference by limiting the types of documents that can be incorporated when they are produced by the regulation maker. Also, only the version of such documents as they exist on a particular day can be incorporated when the documents are produced by the regulation maker only. This is an important safeguard against circumvention of the regulatory process.
Although there was some testimony at the Standing Committee on Justice and Human Rights that suggested that the bill should go even further to allow more types of documents to be incorporated by reference, including documents produced by the regulation maker, we believe that Bill S-2 strikes the right balance, and where further authority is needed, Parliament can and has authorized incorporation by reference of additional material.
Parliament's ability to control the delegation of regulation-making powers continues, as does the oversight of the Standing Joint Committee for the Scrutiny of Regulations. We expect that the standing joint committee will continue its work in respect of the scrutiny of regulations that use incorporation by reference. The standing joint committee will indeed play an important role in ensuring that the use of this technique continues to be exercised in a way that Parliament has authorized.
One of the most important aspects of this bill relates to accessibility. Bill S-2 would not only provide a solid legal basis for the use of this regulatory drafting technique but would also expressly impose in legislation an obligation on all regulators to ensure that the documents they incorporate are accessible. While this has always been something the common law required, this bill clearly enshrines this obligation in legislation.
There is no doubt that accessibility should be part of this bill. It is essential that documents that are incorporated by reference be accessible to all those who are required to comply with them. This is an important and significant step forward in this legislation.
The general approach to accessibility found in Bill S-2 will provide flexibility to regulatory bodies to take whatever steps might be necessary to make sure that the diverse types of material from various sources are in fact accessible. In general, material that is incorporated by reference is already accessible. As a result, in some cases, no further action on the part of the regulation-making authority will be necessary. An example is provincial legislation, which is already generally accessible. Federal regulations that incorporate provincial legislation will undoubtedly allow the regulator to meet the requirement to ensure that the material is accessible.
Sometimes accessing the document through the standards organization itself will be appropriate. It will be clear that the proposed legislation will ensure that the regulated community will have access to the incorporated material, with a reasonable effort on their part. It is also important to note that standards organizations, such as the Canadian Standards Association, understand the need to provide access to incorporated standards. By recognizing the changing landscape of the Internet, this bill creates a meaningful obligation for regulators to ensure accessibility while still allowing for innovation, flexibility, and creativity.
Bill S-2 is intended to solidify the government's access to a regulatory drafting technique that is essential to modern and responsive regulation. It also recognizes the corresponding obligations regulators must meet when using this tool. The bill strikes an important balance that reflects the reality of modern regulation while ensuring that appropriate protections are enshrined in law. No person can suffer a penalty or sanction if the relevant material is not accessible to them.
This proposal is consistent with the position the government has long taken on the question of when regulations can and cannot use the technique of incorporation by reference. It will provide express legislative authority for the use of this technique in the future and will confirm the validity of existing regulations incorporating documents in a manner that is consistent with that authority.
We have many years of successful experience with the use ambulatory and static incorporation by reference in legislation at the federal level, and this knowledge will be useful in providing guidance in the future.
To conclude, the enactment of this legislation is the logical and necessary next step to securing access in a responsible manner to incorporation by reference in regulations. I would invite all members to support this legislative proposal and recognize the important steps forward it contains.
Ève Péclet NDP La Pointe-de-l'Île, QC
Mr. Speaker, in his speech, the parliamentary secretary spoke a lot about accessibility. However, there are no guidelines in the bill that would help determine the definition of accessibility. I therefore have the following questions. First, in the parliamentary secretary's view, what would be the definition of an accessible document? Second, does he believe that a document that the department charges Canadians for is an accessible document or not?
Bob Dechert Conservative Mississauga—Erindale, ON
Mr. Speaker, the first point is that currently there is no requirement at all that documents incorporated by reference be accessible. This bill is actually enshrining that in law for the first time. That is very important.
With respect to accessibility, it really depends on what kind of information is being incorporated by reference. Obviously, some of this information is very technical and could go on for hundreds of thousands of pages. I am thinking of transport standards, aviation safety standards, and electrical standards as set out by the national standards organizations of Canada.
In each case, I think the regulators, when they incorporate by reference, need to state where that would be. I would imagine that in this day and age it is going to be on the Internet. It is going to be available in both official languages. When it is used in a regulation, they will indicate where it can be found.