House of Commons Hansard #227 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was years.

Topics

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:15 p.m.

NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I have a question for the hon. member.

Clause 18.3 states:

18.3 (1) The regulation-making authority shall ensure that a document, index, rate or number that is incorporated by reference is accessible.

However, “accessibility” is not really defined.

Does the bill specify how the regulation-making authority should ensure the accessibility of the document? With respect to official languages, for example, or sharing it through the media or online, does the bill indicate how much all that will cost?

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:15 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, that is a good question.

That is something we discussed in committee. It is true that the word “accessible” is not defined. We asked the witnesses that question. Some practices in the international community have changed in order to publish documents affected in that way. There is no definition in this case, but we could adopt some of the international practices.

The hon. member is absolutely right. In order to be certain, this concept needs to be defined in the bill and currently it is not.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:15 p.m.

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, it is my pleasure today to speak to this House about Bill S-2, the incorporation by reference in regulations act.

Bill S-2 has been studied by the Standing Committee on Justice and Human Rights and has been reported, without amendment, back to this House. Before that, the Standing Senate Committee on Legal and Constitutional Affairs reported, also without amendment, to this House for consideration.

This bill deals with the regulatory drafting technique. Essentially, the bill is about 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 government regulates. It is also about leading the way internationally in the modernization of regulations. More particularly, 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 needed so that regulators and the committee could leave the uncertainty behind.

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”, 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, 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 place barriers to trade and is in fact something Canada is required to do under the World Trade Organization's Agreement on Technical Barriers to Trade.

Incorporation by reference is also an effective way to take advantage 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 across 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, meaning the ability to incorporate by reference a document as it is amended from time to time, rather than just its fixed or static version, in their regulations means that Canadians can be assured that they are protected by the most up-to-date technology.

Incorporation by reference allows for the expertise of the Canadian national standards system and the international standards system to form a meaningful part of the regulatory toolbox.

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 rate, 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 type of document that can be incorporated when it is produced by the regulation maker. Also, only the versions of such a document as it exists on a particular day can be incorporated when the document is 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 further to allow all 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 more is needed, Parliament can and has authorized incorporation by reference of that material as well.

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 the way Parliament has authorized.

One of the most important aspects of the bill relates to accessibility. Bill S-2 will not only provide a solid legal basis for the use of this regulatory drafting technique but will 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 the bill. It is essential that documents that are incorporated by reference are accessible by 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. For example, provincial legislation 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, the bill creates a meaningful obligation on the part of 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 that regulators must meet when using this tool. The bill strikes an important balance, and it 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 by them.

This proposal is consistent with the position that 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 of ambulatory and static incorporation by reference in legislation at the federal level and this knowledge will be useful in providing guidance to the future.

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.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:25 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I thank my colleague for her speech. I have two quick questions for her.

First, clause 18.7 confirms the validity of an incorporation by reference that was made before the day on which that section comes into force. That is a retroactivity clause, suggesting that this is already being done without the consent of this House. What does the hon. member think about that clause and how does she explain it?

Does she have any concerns about compliance with Canada's bilingualism rules for regulations, since a number of witnesses told us that there could a serious problem in that regard? Does the Conservative government still believe in the importance of bilingualism in Canada?

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:25 p.m.

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I want to reassure my colleague and the House that we are a bilingual country. French and English are our official languages, and I have no fear at all that this will be compromised in any way, shape or form under the legislation.

It is very important in this day and age to keep up to speed with what is really happening in the world. The legislation would minimize duplication and inconsistencies, and promote the efficiency and competitiveness that is needed in our current business environment. Also, very clearly, it would reduce the trade barriers that exist now.

It is an answer to a very important question about how to keep up to ensure the regulations are consistent so we can use the regulations in a very meaningful way on a daily basis.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:25 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, the committee heard from two witnesses, both who offered the committee and the government the same advice, and that was that Treasury Board should put together guidelines for bureaucrats to use when exercising the power of incorporation by reference. Does the member agree with that advice from the experts at committee?

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:30 p.m.

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, incorporation by reference is done now, every day, and it is done in a meaningful way. All the legislation would do is define it and put it in such a framework that there are guidelines that can be met and that there is the ability to use incorporation by reference in a meaningful way.

Many incorporations have already used incorporation by reference, as we heard earlier from my colleague, such shipping and marine, energy, hazardous products, even motor vehicle safety, as are proceeds of crime and money laundering. All these things are used daily in the different disciplines of both trade and everyday life in the workings of our country and dealing with other countries.

In terms of the incorporation by reference, this streamlines what needs to be done in a meaningful way so we can get things done more accurately. That is what we need. This business of inconsistencies in regulations is something I heard on the ground through business and other corporations. This would streamline that and cause the inconsistencies to be fewer.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:30 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, Bill S-2 is probably not the most accessible bill for the community and the people who are watching at home. From the beginning, I have been calling this bill the sleeper of this legislature.

For one thing, it has not garnered much attention, which is worrisome, and for another, it originated in the Senate. I believe that we are already starting off on the wrong foot when a bill that will have such a major impact on our future practices comes from the Senate.

That being said, this will likely be one of my last speeches in the House as the justice critic for the official opposition, given the justice agenda from now until the end of this Parliament on June 23. I would therefore like to thank the members of the Standing Committee on Justice, particularly those from the New Democratic Party and my colleague from La Pointe-de-l'Île, the sponsor for the recommendation we made to our colleagues regarding Bill S-2. She did an excellent job, given that work on this bill was not the easiest way to jump into her role as deputy critic. I would like to congratulate and thank her.

In recent years, the justice agenda has been rather onerous. Since you were once the justice critic for the official opposition, Mr. Speaker, you know what I am talking about. I would also like to thank the leader of the NDP for putting his trust in me. That is why I took the analysis of each bill very seriously and why I have often spoken out against the government's attempts to short-circuit democratic debates and in-depth examinations of bills. The decisions that we make in the area of justice can have even more significant implications for the people we represent.

Bill S-2 is a fine example because it did not attract too much attention. I was interviewed once about Bill S-2, and it was by Blacklock's Reporter, which took the time to analyze this bill and saw the same problems we did.

I find it even more important to point out that, when elected in 2011, I was appointed the co-chair of the Standing Joint Committee on Scrutiny of Regulations by our then leader, the great Jack Layton. I have to admit that at first I wondered about the committee's mandate. However, I understood just how important the committee was.

I also saw first-hand the systematic resistance of some departments, which take an eternity to answer the questions posed by the Standing Joint Committee on Scrutiny of Regulations. That was what had the greatest impact on my position on Bill S-2. Sometimes they were basic questions, mainly about incorrect language usage or contradictions between the French and English texts, which creates confusion and can lead to legal disputes. I truly appreciated what I call my internship with the Standing Joint Committee on Scrutiny of Regulations, because it taught me the importance of regulations.

As some members mentioned, we sometimes forget that the Minister of Justice must certify that any government bill, whether from the Senate or the government, complies with the Constitution and the Canadian Charter of Rights and Freedoms.

The same should be true for regulations. My colleague who spoke before me spoke about the importance of modernization. I agree with her. There are 30,000 pages of regulations every year. It is painstaking work to sort through all of that. However, members of the Standing Joint Committee on Scrutiny of Regulations and officials—whom I want to commend today for the difficult job they do—examine these issues and ensure that the regulations are correct, compliant and accessible, for the benefit of our constituents and for all Canadians across the country. People need to know what is going on and what could be expected of them. I agree that we need to find a way to modernize this.

However, modernizing means something else to this government. This may ultimately be where the Conservatives pay the price for their sins, if I can put it that way. Members on the official opposition benches are deeply distrustful of this government. Why? Because this government has been secretive. It has tried all kinds of ways to circumvent democratic debate. It does not accept disagreement with its opinions. It practically sees any question from the opposition as a form of treason. In short, it prevents us from doing the job we were elected to do. The Conservatives should not be surprised that we do not want to give them a way to speed things up or to put these issues in the hands of people we cannot control or oversee to ensure they are doing their job properly.

When a public servant like Mr. Schmidt goes to the Federal Court against his employer, the Department of Justice, to say that he was told to cut corners and ignore the Constitution and the charter, that worries me. Now the government wants the power to regulate by reference, which is the simplest way. There is also a retroactivity clause, as my colleague from Toronto—Danforth mentioned earlier. In committee, we were basically told that it was already being done—as if the fact that something previously prohibited is being done should justify the fact that they are rushing into this approach.

Currently, if regulation by reference happens, it is authorized or should have been authorized by the enabling legislation. We learned that that was not always the case. That is why the government put clause 18.7 in the Senate bill. That clause includes a retroactivity provision. That reminds me of what was in Bill C-59 about destroying information in registries.

What people do not see is that regulations can go very far. Let us look at each kind of bill: government bills, private members' bills and Senate bills. A power is always given to the appropriate minister, the authority to adopt regulations. The minister himself can delegate the power to take action to a senior official. In short, if we also decide to allow them to adopt regulations that come from other countries—which would come to us in a language that is not ours and where bilingualism will surely be short-circuited—one might have some serious concerns about this bill.

What I am saying to my colleagues in the House is that there is no urgency here. Bill S-2 deserves to be studied further and should be considered with greater openness. It would be nice if the government could look at the comments and listen to and consider the criticisms instead of simply slamming the door and saying that this bill is the only way.

I encourage my colleagues to take a short strategic pause to look carefully at Bill S-2, given that it could have enormous ramifications that will be rather serious in some cases.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:40 p.m.

Okanagan—Coquihalla B.C.

Conservative

Dan Albas ConservativeParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I was quite happy to work with my hon. colleague when she was the co-chair of the scrutiny of regulations committee.

In relation to this incorporation by reference bill, it is important that it be noted that the government has put forward a bill that actually specifies when a dynamic incorporation by reference or static incorporation by reference should be used. It basically gives parameters for when it can and cannot be used.

I have also heard the criticism that regulations would not be produced and that there might be challenges with official languages. Nothing could be further from the truth. Any regulation that is passed under federal power has to be in both French and English.

Last, I would point out to the member that the government is trying to create a framework for where it is appropriate and where it is not. It is to empower legislators, like ourselves, so that we know when certain incorporations by reference could be used for the benefit of people. For example, there are cases where standards may change. We are the ones who decide which standards should be used. However, we do not want to be constantly behind the times when it comes to the safety of Canadians.

Does the member not realize that there needs to be some shift in this area in order to protect safety and to set parameters for government to use this tool in a limited way?

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:40 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank my colleague for his question.

As I said at the beginning, I agree. I heard my colleague say “keep up to speed”. It is one thing to keep up to speed and it is another to do so with your eyes closed. If I drive my car at high speed, I prefer to do so with my eyes wide open. This government often asks us keep our eyes shut.

For example, the government refuses to define the terms used in certain rules in the bill. In addition, we tried to amend the bill so that it would provide a better framework for this new way of doing things, which would be faster and could have been a bit clearer.

Ultimately, all our efforts led to great frustration. Even the amendments that were not meant to prevent things from moving forward and those that sought to create an approach that is somewhat more open and clear were rejected outright by the Conservative members of the committee, as though they were not allowed to accept anything, which is very disturbing.

We should not assume that only safety regulations will be affected. All kinds of regulations could be affected. The Conservatives often boast about signing many foreign treaties. Good for them. I agree that it is good for the economy and positive in many other ways.

However, we must ensure that the regulations of the country we trade with, which we are going to adopt as our own, meet certain basic criteria that exist only in Canada, such as bilingualism and other rules.

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:45 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I thank my colleague for her speech.

There are a couple of questions that I have already posed on which I would like the member's opinion.

The first is that we had two witnesses at committee. One was the president of Consumer Health Products Canada and the other was the CEO of the Standards Council of Canada. They both called for bureaucrats to have some guidelines promulgated by Treasury Board that would govern their powers and abilities to incorporate by reference.

The second is with respect to something I tried to explain in response to a question by the member for Toronto—Danforth. This statute sets up two categories, static incorporation by reference and ambulatory incorporation by reference. Static incorporation by reference is available only when the document in question is within the power of the regulation-making authority and ambulatory is available when it is not. In my view, the problem with that is that the government can do indirectly what it cannot do directly by having involvement in those bodies that control the content of documents to be incorporated in an ambulatory fashion.

Does the member have an opinion on that?

Motion in AmendmentIncorporation by Reference in Regulations ActGovernment Orders

1:45 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, as for the second question, I agree with my colleague that it is quite worrisome.

As for the guidelines that should be provided by the Treasury Board, I also agree that these were good suggestions that were made. Again, the government simply turned a deaf ear to these suggestions and that is what is so worrisome when we are dealing with a bill that will have so many consequences.

We cannot trust a government that is not transparent and does not share the information that it has. In that case, we would be hard-pressed to tell it that we will expand its regulatory powers further.

Bill C-59--Selection of Report Stage AmendmentsPoints of OrderGovernment Orders

1:45 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, as you will know from a letter that was delivered to your office yesterday, I seek the opportunity to rise on a point of order to speak to the pending decision that you will be making on the appropriate nature of the amendments that I have tabled in relation to report stage for the omnibus budget bill, Bill C-59.

The order to which I refer is Standing Order 76.1(5), which of course empowers the Speaker to select or combine amendments as he or she thinks fit. In the Annotated Standing Orders, there is additional guidance that the “Speaker will normally select only motions that were not or could not be presented in committee”. It also states, “For greater certainty, the purpose of this Standing Order is, primarily, to provide Members who were not members of the committee with an opportunity to have the House consider specific amendments they wish to propose.”

I will not take much of your time or that of the assembled members in reviewing all the events that led to the concern that I am now expressing. However, I am sure members will recall, and certainly you will, Mr. Speaker, that in exercising my right as the member of Parliament for Saanich—Gulf Islands, recognizing that the rules, as they exist to this point today, if you seek guidance from our rules of parliamentary procedure, allow a member such as myself, a member of a recognized party with fewer than 12 members, or an independent member of Parliament, the opportunity at report stage to do something that members belonging to the larger parties no longer have, which is to put forward amendments that are substantive at report stage.

The reason for this rule came from, I suppose we would have to call it the evolution of rules in this place, which has a consistent trend line. The evolution of rules has trended toward larger parties suppressing the rights of smaller parties, and in this particular instance, of a large majority party actually attempting to suppress the rights of an individual member.

This was done through a series of decisions. The hon. government House leader tried at one point in late 2012 to put forward a novel notion, and I was specifically cited in the government House leader's complaint, that all the amendments by the member of Parliament for Saanich—Gulf Islands should be lumped together, that the Speaker should pull one at random, put it to a test vote, and if that fails, none of the rest of my amendments should be put forward at report stage.

In your ruling on December 12, 2012, you put that notion quickly to rest in pointing out that that would rather defeat the purpose of legislative review. It would seem to suggest that might makes right and why bother to study any amendments at all, or even to put legislation through scrutiny.

In making that ruling, Mr. Speaker, you made specific note of two previous Speakers' rulings on this matter. Speaker Milliken, whom you cited with authority from March 29, 2007, pointed out “neither the political realities of the moment nor the sheer force of numbers should force us to set aside the values inherent in the parliamentary conventions and procedures by which we govern our deliberations.” Further, you cited former Speaker John Fraser from October 10, 1989, when he said, “We are a parliamentary democracy, not a so-called executive democracy, nor a so-called administrative democracy.”

In making that ruling, the clear guidance was in the following words:

Accordingly, unless and until new satisfactory ways of considering the motions of all members to amend bills in committee are found, the Chair intends to continue to protect the rights of independent members to propose amendments at report stage.

That is your role, Mr. Speaker. At page 307 of House of Commons Procedure and Practice, second edition, we find this clear statement of the duty of the Speaker:

It is the responsibility of the Speaker to act as the guardian of the rights and privileges of Members and of the House as an institution.

In making that finding, Mr. Speaker, you said, “Unless and until new satisfactory ways” have been found. I believe it must have been concocted in the Prime Minister's Office because by the following fall, identical motions appeared in all of the committees that study legislation, and each identical motion operated under the fiction that it came forward from a Conservative member of that committee to create the new rubric under which I am now complying, which says that my amendments must be tabled as those of all other members of parties under 12 members or independents, within 48 hours before the committee moves on to clause-by-clause stage.

I have been operating under that. At every stage I tend to remind the chairs of committees before whom I present amendments that they are deemed to have been presented. I am given generally about 60 seconds per amendment to explain the purpose of the amendment.

As unsatisfactory as that process is, in the case of these amendments, this is the crux of the case I put to you, Mr. Speaker, to please show flexibility. I know the committees are in charge of their own process, but in this case I am asking you to rule in relation to report stage.

An opportunity that cannot be used is surely no opportunity at all, satisfactory or otherwise. In this case, on June 2 at 9 a.m. all my amendments were due on omnibus budget Bill C-59. Subsequent to that deadline, 10 more outside witnesses appeared, as well as the Privacy Commissioner and the minister himself. Brand new, novel issues were raised by those witnesses. My amendments attempt to deal with new issues that were raised after the deadline by which I had to submit my amendments.

Unlike other members of a committee, I have no ability, nor does any other member in my situation, to put forward new amendments to deal with the new information. In other words, the ability of every member of Parliament in this place to do their work requires being able to weigh in substantively, and I hope helpfully, on amendments at report stage.

In this instance, Mr. Speaker, I am asking you to please consider in your discretion the rubric under which I am working. Under these individual motions, passed by all these different committees, which in some cases have meant that I literally race from committee to committee to submit my amendments in time and to speak to them because committee meetings are often concurrent, in the case of Bill C-59, yet again another omnibus budget bill, there was no reasonable opportunity to submit the amendments that I have included.

I have not included any amendments that had an opportunity before committee, although they were rejected. I have put forward only amendments that were not possible to have been imagined, constructed or drafted, because the witnesses who raised the issues testified before the committee after the deadline for the submission of my amendments.

Bill C-59--Selection of Report Stage AmendmentsPoints of OrderGovernment Orders

1:55 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

I assure the member that her points will be taken into account in the ruling.

The hon. parliamentary secretary to the government House leader is rising on a point of order.

Bill C-59--Selection of Report Stage AmendmentsPoints of OrderGovernment Orders

1:55 p.m.

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I will be very brief. I just want to inform the Chair and my colleague from Saanich—Gulf Islands, since I was not aware of the point of order prior to her standing in this place and I was somewhat tardy getting into the House to listen to her entire argument, the government will be reserving its comments until we have had a chance to see her entire point in transcript form and will reserve comments and make a due and considered response at our first opportunity.

Bill C-59--Selection of Report Stage AmendmentsPoints of OrderGovernment Orders

1:55 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

I thank the member for that.

Resuming debate. The hon. member for Toronto—Danforth will have three minutes before we move to members' statements.

The House resumed consideration of S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, as reported (without amendment) from the committee and of the motion in group no. 1.

Incorporation by Reference in Regulations ActGovernment Orders

1:55 p.m.

NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, I will be correspondingly brief in my speech.

I have spoken on Bill S-2 before. I join my colleagues from Gatineau and Charlottetown in indicating that this bill is a sleeper. It would have major implications for the health of our democracy, and it deserves to receive a lot more attention in the media than it has.

The ability of governments to use ambulatory incorporation by reference to smuggle in over time rule changes processed by outside agencies, transnational and private agencies, or even mixed agencies on which governments sit, and the possibility of that would be greatly enhanced by this piece of legislation. Ultimately, it is a piece of legislation that would continue a whole variety of actions by the government over the last four years as a majority and almost ten years in government that seriously undermine our democracy.

I would suggest that, rather than go in this direction, we have to think seriously about how to beef up the current joint committee on the scrutiny of regulations in the Senate and the House of Commons. We should possibly consider the need for an officer of Parliament. I would suggest that a commissioner for statutory and international instruments is probably something that needs to be discussed. It would be an officer who would make sure that the House is not just on top of static incorporation by reference, but incorporation by reference of external documents as they occur. It would then make sure, in the reporting fashion, that the House knows that something has changed that may be of consequence but that the House has had no say in until that point in time.

I indicate that such a commissioner, for example, would look at both statutory instruments, regulations and their like, and international instruments, treaties and their like, because in the globalizing legal environment in which the government is operating, it is those two features, executive action and transnational action, that are increasingly joining hands and taking away governing space from publicly elected legislators.

The bottom line is that this bill needs safeguards. Some four amendments were brought forward by the official opposition in committee. All of them were rejected, as usual, by the government. If we took the problems that the official opposition had and still has with the bill seriously, we would be looking at how to enhance the oversight and review functions of this body over the regulation-making authorities, not undermining it, as Bill S-2 would.

Incorporation by Reference in Regulations ActGovernment Orders

1:55 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

The hon. member will have seven minutes to complete his speech when we return to this bill for further debate.

TaxationStatements By Members

1:55 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, I rise in the House today in support of hard-working Canadian families who form the cornerstone of our society. As a basic unit of any successful nation, families drive our economy, build our communities and provide our children with moral, social and financial stability. I firmly believe that when the family unit is healthy, when families prosper, all Canadians prosper. I stand here today in support of our government's commitment to help families.

In our most recent budget, we introduced a number of initiatives that will help millions of Canadian families, including those who live in southeastern Manitoba. Since forming government, we have cut taxes over 160 times. This will result in a typical two-earner Canadian family receiving tax relief and increased benefits of up to $6,600 this year. Some examples of these tax credits include the family tax cut, the universal child care benefit and the children's fitness credit.

I have received many supportive comments on our government's low-tax initiative from families all across my riding of Provencher. They are encouraging us to work hard and continue to deliver results for families.

West Nipissing VolunteersStatements By Members

2 p.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I rise in tribute to the volunteers who make our communities strong and unique. I particularly want to acknowledge the hard work of the individuals who do this type of great work in and around West Nipissing. It is volunteers that make seniors suppers a success and showcase the compassionate and caring nature of our communities.

It really takes a small army of volunteers to organize events such as the River Country & Bluegrass Gathering, the River & Sky Camping and Music Festival, the St. Charles Fishing Derby, the West Nipissing Rock and Rib Fest, the Sturgeon Falls Music Festival and the St-Jean-Baptiste Day celebrations all around the region.

These events allow visitors a chance to see our unique and engaging culture, which blossoms in the summer months.

I also want to pay special tribute to super-volunteer Charlie Lang, who organizes so many of these events, including the famous Sturgeon Falls Fiddle Festival. I am sure all members will join me in saluting Charlie and all the volunteers who keep our communities thriving.

World War II VeteransStatements By Members

2 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, last month, it was my great privilege to travel around my riding of Chilliwack—Fraser Canyon to honour our living World War II veterans with a victory pin and certificate issued by the Prime Minister and the Minister of Veterans Affairs to commemorate the 75th anniversary of Canada's entry into the war.

I held events at the Pemberton, Lillooet, Hope and Chilliwack legions where 25 veterans gathered to receive this honour in the presence of their friends, families and comrades.

As we celebrated these living legends and Canadian heroes, I was reminded of one of my heroes, my late grandfather Bill Strahl, who joined the Royal Canadian Air Force during World War II when he was only 17 years old, a young man, but like thousands of others his age, old enough to know that he needed to join the fight against Nazi tyranny.

Many of the veterans we honoured were just boys and girls when they volunteered to defend this great country and the values we hold dear, but they quickly came of age as our greatest generation.

All gave some, some gave all. Lest we forget.

Robert KennyStatements By Members

June 9th, 2015 / 2 p.m.

Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, last weekend, New Brunswick lost one of its most respected citizens. Robert Kenny passed away at age 72, having fought a courageous battle against ALS for the past six years. Bob Kenny was a distinguished lawyer and community leader who leaves behind a legacy of generosity and service. In Fredericton, Bob was president of the YMCA, led a committee to build Fredericton's indoor pool and was a devoted baseball coach and player. Always a Red Sox fan, the dugout at Royals Field in Marysville is named in his honour.

Atlantic salmon conservation was another of Bob's passions. Last month, supported by his long-time friend Frank McKenna, the Nature Conservancy named a salmon pool after Bob on the Southwest Miramichi.

I ask colleagues to join me in expressing our sympathies to Bob's wife, Joan, and his daughters Brigette, Natalie and Mary Ellen.

Dalai LamaStatements By Members

2 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, July 6 will mark the 80th birthday of His Holiness the 14th Dalai Lama. A Nobel Peace Prize laureate and one of just six honorary Canadian citizens, His Holiness has devoted himself to spreading the values of love, peace and compassion.

He describes himself as a simple Buddhist monk, despite being revered all around the world as a champion of human rights. His Holiness preaches a “middle way” approach to conflict resolution based on non-violence, compromise and dialogue. He works tirelessly for the ultimate goal of allowing Tibetans to live freely and peacefully in an autonomous Tibet within the People's Republic of China.

On behalf of the Parliamentary Friends of Tibet, and the Tibetan Canadian community in my riding of Etobicoke—Lakeshore, as well as across the country, I would like to wish His Holiness a happy birthday.

Tashi Delek.

Aerospace IndustryStatements By Members

2:05 p.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, the aerospace industry is a high tech sector in which Canada has a unique expertise.

The Conservative government, however, does not seem to understand the strategic importance of that industry. Over a thousand jobs have been lost in the aerospace industry this year. Let us not forget that the Conservative government made $500 million in cuts to tax credits for research. The Conservatives botched the airplane and helicopter procurement process. As a result, there were cost overruns and the equipment was not delivered on time. Canadians deserve better.

The NDP has committed to investing in the aerospace industry by creating an innovation tax credit and extending the accelerated capital cost allowance. With regard to government procurement contracts, the NDP will hold an open and transparent bidding process and will work with the aerospace industry to ensure that we keep as many jobs here in Canada as possible. Canadians can count on us to protect these good jobs.