Mr. Speaker, it is a pleasure to rise in the House today to speak to the incorporation by reference in regulations act.
I feel I must pause for a moment and start from the very beginning. When I first arrived in Ottawa as a newly elected member of Parliament, scrutiny of regulations, or regs, as many call it, was the first committee that I served on. I was excited about it as I had expressed an interest prior on this particular committee and the very important work that it does. I soon discovered that some of my more experienced colleagues, upon hearing the news that I had joined the regs committee, were far more frequent to express condolences to me as opposed to congratulations.
Regs is not a committee that often makes headlines, and here I will digress for a brief moment. Shakespeare once famously wrote, “Thou crusty batch of nature”. As the member of Parliament for Papineau well knows, today we often express this sentiment much differently. The point I raise, as conveyed by Shakespeare, is it is not only what one says but rather how one says it that matters.
I submit that this same principle holds true for us as parliamentarians and more so when it comes to drafting technical legislation, although what we draft would probably not be seen as to rival Shakespeare. Though our intent may be clear, it is the language that we use that is of paramount importance. Unlike Shakespeare, government regulations should be able to evolve and adapt over time, along with technology and society, ensuring that the original intent be translated into language and standards that are clear and current. That is why I am here today supporting Bill S-12, the incorporation by reference in regulations act.
Members may ask what incorporation by reference is, aside from a potential new question in a future House of Commons' edition of Trivial Pursuit. Incorporation by reference, as outlined in Bill S-12, deals with a regulatory drafting technique. If the bill had a slogan attached to it, I would submit it would be called the “let us not reinvent the wheel act” when it comes to technical legislation and regulation. I would like to expand on that thought.
In Canada, we currently have many technical and highly regulated areas. Some examples of this include the regulation of medical devices, the control and collection of organs for donation and those regulations that govern shipbuilding standards. In many cases, these regulations may well be set by international or nationally recognized associations. The question is this. How do we encapsulate these regulations into legislation and, more rightfully, is there a more effective and efficient way to do that? Bill S-12 does exactly that. That is why I am here to support Bill S-12.
How does Bill S-12 work? In plain English the bill codifies the ability of government to use a commonly used drafting technique of incorporation by reference while clearly prescribing when and how the technique is to be used. Put another way, it enables regulations to incorporate external material without having to duplicate that material. by simply referencing it in the text of the regulation. This cuts down the onerous amount of material that would have to be included and duplicated in a number of regulations.
Further, by adding “as amended from time to time” to the reference of the external material, the regulation can stay current with any changes made to those standards without the regulation or legislation itself having to be amended or altered. This allows for regulations to be fluid, current and responsive. This in turn cuts down on unnecessary duplication of legislation and prevents regulations from becoming stale-dated.
Incorporation by reference is a widely used, common sense drafting technique, but this bill would legitimize it and place clear direction on its proper use.
I will provide another example of how this could work.
If a regulation provides that all hockey helmets must be manufactured in accordance with a particular Canadian Standards Association standard, the effect of that reference is to make that standard part of the regulation without actually needing to reproduce the text of the CSA standard in the regulation itself. The rules found in the Canadian Standards Association standard form part of the law, even though they are not repeated and reproduced in the regulation.
Frequently, technical standards like the Canadian Standards Association's standard used in this example are incorporated “as amended from time to time”. This means that when the Canadian Standards Association makes amendments to the standard to keep up to date with changes in technology or production methods or improvements in manufacturing and science, those changes are automatically included in the regulation; in other words, the changes made to the standard are incorporated into the regulation and become law without amending the text of the regulation. This is referred to as “ambulatory incorporation by reference”. Some people might refer to it as “dynamic incorporation by reference”.
In some cases and in certain circumstances, a legislator may desire a fluid parallel between legislation and regulation. In these circumstances, the regulations can still be frozen, based upon the regulations as they exist on a certain date. This is referred to as “static incorporation by reference”.
This means that only one particular version of the document is incorporated. In that case, regardless of what happens to the document after the regulations are made, it is only that version that is described in the regulation that is incorporated.
Incorporation by reference has become an essential tool and is increasingly relied upon by governments to more efficiently develop their regulations.
This approach also helps to standardize regulation in a universally understood language. That is of benefit to all.
Last year I was visited by representatives of the National Marine Manufacturers Association. One of the challenges expressed by the Canadian marine manufacturing industry is the difficulty they have in meeting different regulations in different markets that they need to access.
As members have heard before, I have said anything we can do to help Canadian industry access these markets, whether that means increased intergovernmental co-operation or collaboration, is a good thing and something I believe we should look at and support.
By incorporating the legislation of other jurisdictions with whom harmonization is desirable or by incorporating standards developed and respected internationally, regulations can minimize duplication and avoid repetition of the same material. It can avoid the need to reinvent the regulatory wheel, so to speak.
Incorporation by reference can minimize and even avoid undesirable barriers to trade, an issue that, as I pointed out earlier, has been identified by the Canadian National Marine Manufacturers Association.
Enactment of this legislation is a necessary, pertinent change for many of the reasons I have already outlined. These changes would also address the concerns raised by the Standing Joint Committee for the Scrutiny of Regulations that I referenced earlier.
I should also add that the joint committee will continue to have the mandate to scrutinize how incorporation by reference is being used in accordance with this bill.
I submit that the enactment of this legislation is a logical, necessary next step to incorporation by reference in regulations.
Before I close, I would like to share one further point.
I am reasonably confident that most members of the House support the principles of innovation. Marketplaces are changing at record speed. Technology and new economies are emerging rapidly. I am certain that many of us could all share examples of exciting new developments that occur in their ridings, yet increasingly when I meet with a new employer who has an exciting new product or service being offered, market access is often one of the biggest barriers to trade that is mentioned. That is in large part because regulation does not keep pace with innovation.
There are a lot of good things in Bill S-12. The Standing Joint Committee on the Scrutiny of Regulations has expressed concerns, and the government has listened to those concerns. There are more tools allowing for legislators to be able to choose, whether it be a dynamic form of incorporation by reference or a static one. Bill S-12 would allow us as legislators to have those tools for our regulatory process, not only to help open new markets but also to be able to respond to some of the international agreements that we have.
At one of the last meetings I attended with the scrutiny of regulations committee, an international accord was brought up. It is certainly a challenge for the committee and also for the government to keep up with the changes that are involved in that accord.
When the government presents something that is just common sense and is within our Canadian interest, something that would allow greater clarity and a greater understanding of the rules to allow us to be able to harmonize with other markets and encourage our industry to reach out and expand, while the term “incorporation by reference” may not make most people smile, it is an important thing.
I ask that every member in the House support Bill S-12 and move it on to the next stage. It is a common sense bill. It is a practical bill. I ask the House to support it.
