Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, with leave of the Senate and notwithstanding rule 5-5(g), I move:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, December 6, 2022, at 2 p.m.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate), pursuant to notice of November 30, 2022, moved:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2^nd Supp.):

-Part II;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following sections of the schedule: 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16) and 85;

3.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

4.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

5.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-subsections 107(1) and (3) and section 109;

6.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

7.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

8. Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

9.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsection 27(2), section 102, subsections 239(2), 322(2) and 392(2);

10.Budget Implementation Act, 2009, S.C. 2009, c. 2:

-sections 394, 399 and 401 to 404;

11.Payment Card Networks Act, S.C. 2010, c. 12, s. 1834:

-sections 6 and 7;

12.An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23:

-sections 47 to 51, 55 and 68, subsection 89(2) and section 90.

13.Financial System Review Act, S.C. 2012, c. 5:

-sections 54 and 56 to 59;

14.An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, S.C. 2012, c. 7:

-subsections 7(2) and 14(2) to (5);

15.Protecting Canada’s Immigration System Act, S.C. 2012, c. 17:

-sections 70 to 77;

16.Jobs, Growth and Long-term Prosperity Act, S.C. 2012, c. 19:

-sections 432, 433, 459, 460, 462 and 463; and

17.Jobs and Growth Act, 2012, S.C. 2012, c. 31:

-sections 361 to 364.

She said: Honourable senators, I am speaking to you today in support of the motion that this chamber adopt a resolution, before December 31, to defer the repeal of one act and the provisions of 16 other acts that are listed in this motion. I am asking the Senate to resolve that this act and these provisions, which have not come into force since they were enacted, not be repealed by operation of the Statutes Repeal Act.

Before going into the details of this motion, please let me give you some general information about the Statutes Repeal Act.

[English]

The Statutes Repeal Act was enacted in 2008 and came into force two years later. The act is a housekeeping measure for federal statutes and seeks to ensure the effective maintenance of federal legislation through the regular repeal of provisions that are not in force and that are no longer needed.

Section 2 of the Statutes Repeal Act requires that the Minister of Justice tables an annual report before both houses of Parliament on any of the first five sitting days in each calendar year. This report lists the acts of Parliament or provisions of acts of Parliament not yet enforced that were enacted nine years or more before December 31 of the previous calendar year.

Under the Statutes Repeal Act, every act or provision listed in the report is automatically repealed on December 31 of the year in which the report is tabled unless it comes into force on or before that date or unless, during that year, either house of Parliament adopts a resolution exempting them from repeal.

[Translation]

The twelfth annual report under the Statutes Repeal Act was tabled on February 3, 2022 in the House of Commons and on February 8, 2022 in the Senate.

Following the tabling of the report, the Department of Justice contacted the departments responsible for the act and provisions listed in the report to verify whether their repeal should be deferred.

This year, certain provisions of six acts will be automatically repealed on December 31 by operation of the Statutes Repeal Act because the responsible ministers have not recommended that their repeal be deferred.

Thirteen ministers have recommended the deferral of repeal of one complete act and provisions of certain other acts for which they are responsible.

Honourable senators, before I continue, I would like to draw your attention to a background document my office has shared with yours. Since my allotted speaking time is limited, the background document explains the purpose of the Statutes Repeal Act and includes an annex that lists the one act and provisions of 16 other acts for which ministers have recommended the deferral of repeals, including the reasons for the recommended deferrals. I hope this will give both new and seasoned senators a better understanding of this annual statute repeal process. That being said, I wish to provide some general information about this year’s recommended repeal deferrals.

The Minister of Foreign Affairs is recommending the deferrals of repeal of one complete act, the Comprehensive Nuclear Test‑Ban Treaty Implementation Act.

The Minister of Intergovernmental Affairs, Infrastructure and Communities, the Minister of Agriculture and Agri-Food, the Minister of Innovation, Science and Industry, the Minister of Labour, the Minister of National Defence, the Minister of Northern Affairs and the Minister of Seniors have each recommended deferral of repeal for certain provisions of one act under their responsibility.

The President of the Treasury Board, the Minister of Transport and the Minister of Public Services and Procurement are each recommending a deferral of repeal for certain provisions of two acts under their responsibility.

[English]

Finally, the Minister of Finance and the Minister of Justice are each recommending a deferral of repeal for certain provisions of three acts for which they are responsible.

The reasons for deferring repeal include that an external event must occur before the legislation can be brought into force or repealed, such as the coming into force of an international treaty or the enactment of legislation by the provinces and territories; proposed legislation repealing, replacing or bringing into force the not-in-force provisions is currently under way; matters currently being adjudicated must be dealt with; approvals are necessary for bringing the provisions into force or completing regulations; necessary policy work or consultations must be completed and failure to defer repeal could have a negative impact on international relations, relations with Indigenous peoples or with the provinces and territories.

The Statutes Repeal Act provides that repeal deferrals are valid for one year — so I’ll be back next year, hopefully. You never know, right? As such, any act or provision whose repeal is deferred this year will appear again in the next year’s annual report.

[Translation]

It is important that the resolution be adopted before December 31, 2022. Otherwise, the act and provisions of other acts listed in the motion will be automatically repealed by operation of the Statutes Repeal Act. This could lead to inconsistency in federal legislation. The repeal of certain provisions could also cause tension between the federal government and the provinces and territories and affect Canada’s international relations.

Furthermore, if the act and provisions of other acts listed in the motion were repealed on December 31, federal departments would need to address the resulting legislative gaps by introducing new bills. Those bills would have to go through the entire legislative process, from policy formulation to Royal Assent, which I am sure senators will agree would be a time‑consuming and costly exercise.

In conclusion, I am asking you to support the motion and vote in favour of a resolution that the act and provisions of other acts listed in the motion not be repealed on December 31 of this year by application of the Statutes Repeal Act.

Thank you. Meegwetch.

The Hon. the Speaker: Honourable senators, I have the honour to inform the Senate that the Clerk of the Senate has received a certificate from the Registrar General of Canada showing that Margo Greenwood has been summoned to the Senate.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, with leave of the Senate and notwithstanding rule 5-13(2), I move :

That the Senate do now adjourn.

The Hon. the Speaker: Honourable senators, I wish to draw your attention to the presence in the gallery of the Honourable Senator Greenwood’s three sons, Jacob Hanley, Reid Church and Aaron Neilson, as well as her granddaughter, Everly Church. They are accompanied by family and friends, including the Honourable Carolyn Bennett, Minister of Mental Health and Addictions and Associate Minister of Health.

On behalf of all honourable senators, I welcome you to the Senate of Canada.

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Gagné, bill placed on the Orders of the Day for second reading two days hence.)

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

The Hon. the Speaker: Is leave granted, honourable senators?

The Hon. the Speaker: Honourable senators, when shall this bill, as amended, be read the third time?

(On motion of Senator Miville-Dechêne, bill, as amended, placed on the Orders of the Day for third reading at the next sitting of the Senate.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Plett, for the second reading of Bill S-221, An Act to amend the Governor General’s Act (retiring annuity and other benefits).

The Hon. the Speaker: Is it agreed, honourable senators?

The Hon. the Speaker: Senator Plett, did you want to ask a question? There are 40 seconds left. In order to have time to answer, Senator Kutcher would have to ask for five minutes.

Are you asking for five minutes to answer questions, Senator Kutcher?

The Hon. the Speaker: I’m sorry, Senator Kutcher, but your time has expired. Are you asking for more time?

The Hon. the Speaker: I hear a no. Extra time is not granted.

(On motion of Senator Martin, debate adjourned.)