The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its

THIRD REPORT

Your committee, to which was referred Bill S-6, An Act respecting regulatory modernization, has, in obedience to the order of reference of April 28, 2022, examined the said bill and now reports the same with the following amendments:

1.Delete clauses 132 to 152, pages 54 to 73.

2.Clause 159, page 76: Add the following after line 1:

“and under a written agreement or arrangement that defines the elements of personal information, the purpose for disclosure, any limits on secondary use and onward transfer of personal information, and other relevant details,”.

3.Clause 160, page 77: Replace line 8 with the following:

“for the purposes of cooperation, where such disclosure would be made under a written agreement or arrangement that defines the elements of personal information, the purpose for disclosure, any limits on secondary use and onward transfer of personal information, and other relevant details.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

Observations to the third report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-6)

While the committee supports the intent of Bill S-6, it believes that regulatory modernization of legislation must occur more quickly and on a much wider scale than what was proposed in the bill. Based on the testimony it heard, the committee suggests that the government consider the following measures in order to improve and accelerate federal regulatory modernization:

• introducing an economic and competitive lens for regulations;

• measuring the quantity and overall cost of regulations;

• setting targets for regulatory reduction that apply to all federal legislation, regulations and policies; and

• examining whether certain streamlined measures that were introduced during the COVID-19 pandemic should be continued.

As noted by this committee and other Senate committees involved in examining Bill S-6, a number of witnesses expressed their dissatisfaction with the limited or, in some cases, the lack of government consultations on the regulatory changes proposed in Bill S-6. Since extensive and inclusive consultations lead to better regulations by allowing the government to gather valuable expertise and feedback, the committee urges the government to improve its consultation process for the regulatory modernization by including more diverse stakeholders, using online consultations more frequently and reaching out to stakeholders sooner in its regulatory development process.

Lastly, given the complexity of the proposed changes and the importance of regulatory modernization, our committee and the other Senate committees felt that there was not enough time to properly examine the bill.

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its

SEVENTH REPORT

Your committee, which was authorized by the Senate on Thursday, April 28, 2022 to study the subject matter of those elements contained in Part 8 of Bill S-6, An Act respecting regulatory modernization, now tables its final report.

Your committee heard from Immigration, Refugees and Citizenship Canada that the proposed amendments in Bill S-6 would remain subject to the Canadian Charter of Rights and Freedoms and the Privacy Act. However, your committee also heard from legal experts who shared concerns about the lack of limitations and restrictions in the proposed amendments to the Department of Immigration and Citizenship Act and the Immigration and Refugee Protection Act contained in Part 8 of Bill S-6.

One witness recommended specific amendments to Bill S-6:

•that the proposed new section 5.5 of the Department of Immigration and Citizenship Act include language restricting it subject to sections 4, 5, 6, 7, and 8 of the Privacy Act, and limited to circumstances where such disclosure is in the public interest, considering the special circumstances faced by foreign nationals and permanent residents;

•that the regulations in the proposed section 5.7 of the Department of Immigration and Citizenship be subject to sections 4, 5, 6, 7 and 8 of the Privacy Act; and

•that the proposed amendment to the Immigration and Refugee Protection Act also include language restricting it subject to sections 4, 5, 6, 7 and 8 of the Privacy Act, and limited to circumstances where such disclosure is in the public interest, considering the special circumstances faced by foreign nationals and permanent residents.

Witnesses also recommended additional language in the proposed section 5.5 (c) of the Department of Immigration and Citizenship Act specifying that it applies only to documents showing the status or identity of an individual, and excludes the information and documents provided by an individual pursuant to section 10(1) of the Immigration and Refugee Protection Regulations. For greater certainty, a witness also recommended adding this language into the amendment to the Immigration and Refugee Protection Act, limiting the disclosure of information to identity and status of an individual.

Your committee suggests that these proposed changes to Bill S-6 be reflected upon as the bill is considered at committee and in the House of Commons.

Your committee heard that the provisions in Part 8 of Bill S-6 will provide for enhanced disclosure and information sharing between Immigration, Refugees and Citizenship Canada and other federal and provincial departments, governments and agencies. However, your committee also notes concerns about gaps in the legislation, including with regards to privacy protections, informed consent and updates to disclosure and oversight mechanisms.

Your committee received a letter from the Privacy Commissioner of Canada with his assessment of Part 8 of Bill S-6. In particular, your committee notes with interest the Privacy Commissioner’s perspective that disclosures of personal information under certain provisions of the Privacy Act be subject to written information-sharing agreements, which include a definition of the personal information to be shared as well as the specific purpose for sharing. Such agreements should also limit the secondary use and onward transfer of protected information, as well as outline other measures to be included in the regulations like specific safeguards, retention periods and accountability measures. Your committee therefore suggests that future consideration of Part 8 of Bill S-6 include how information-sharing agreements meeting the Privacy Commissioner’s standards be implemented.

Committee members and witnesses shared concerns with regards to Immigration, Refugees and Citizenship Canada’s application timelines and service standards. Part 8 of Bill S-6 is intended to streamline parts of the immigration and resettlement process by providing for enhanced information use and sharing. Your committee heard that while the proposed amendments may increase efficiency internally, these changes will not improve processing times, reduce backlogs or affect service standards.

Your committee therefore notes its continued concern for persons hoping to work, study, and live in Canada who are negatively impacted by ongoing immigration applications.

Your committee heard that the existing scope of the disclosure parameters contained in Part 8 of Bill S-6 currently exceeds the basic requirements for identifying individuals and their status. Your committee recognizes the importance of balancing public interests with individual privacy and therefore suggests that the scope of these amendments be explicitly limited to documents and information showing identity or status.

Your committee had requested additional information from Immigration, Refugees and Citizenship Canada to supplement their testimony but did not receive a timely response. Your committee therefore suggests that the continuing study of Bill S-6, particularly Part 8, take into account these questions.

Your committee suggests that the Government of Canada undertake a comprehensive review of issues and barriers within Immigration, Refugees and Citizenship Canada and implement legislation correcting them in order to better serve its clients and Canadians.

Respectfully submitted,

The Standing Senate Committee on Agriculture and Forestry has the honour to table its

THIRD REPORT

Your committee, which was authorized to examine the the subject matter of those elements contained in Parts 4, 5 and 6 of Bill S-6, An Act respecting regulatory modernization, has, in obedience to the order of reference of Thursday, April 28, 2022, examined the said subject-matter and now reports as follows:

During two meetings on this pre-study held on May 5 and 12, 2022, the committee’s witnesses comprised government officials, as well as representatives from six business trade associations and one civil society organization. The committee also received six written briefs.

The committee is pleased to submit this pre-study report on Parts 4, 5 and 6 of Bill S-6.

THE COMMITTEE’S OBSERVATIONS

The committee supports Part 4’s proposed amendments to the Agricultural Products Marketing Act, as well as Part 5’s proposals to change the Feeds Act, the Seeds Act and the Health of Animals Act.

However, given Health Canada’s current consultations regarding modernization of the Pest Control Products Act (PCPA), the committee does not, at this time, support Part 6’s proposed amendments to the PCPA. In the committee’s opinion, because Health Canada’s efforts to modernize the PCPA will supersede certain issues addressed in Part 6 of Bill S-6, it seems premature to approve Part 6.

As well, the committee is mindful of the letter received from the Minister of Health on May 10, 2022, while the pre-study was under way. The letter indicated the Government of Canada’s intention to support an amendment to remove Part 6 from Bill S-6 when the Senate undertakes its clause-by-clause consideration.

Finally, as a more general matter, the committee believes that the Government of Canada should ensure that future consultation processes for regulatory modernization bills and initiatives meet several key criteria. In particular, the processes should be transparent, interactive and inclusive of all relevant stakeholders including both those who are well established in and those who are new entrants to a particular sector. In the committee’s view, such an approach would enhance coordination between and among federal departments and those stakeholders.

Respectfully submitted,

The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to table its

SECOND REPORT

Your committee, which was authorized to examine the the subject matter of those elements related to energy, the environment and natural resources contained in Parts 2 and 3 of Bill S-6, An Act respecting regulatory modernization, has, in obedience to the order of reference of Thursday, April 28, 2022, examined the said subject-matter and now reports as follows:

On May 13, 2022, your committee heard witnesses on the subject matter of the parts listed above and supports the amendments with, certain observations, proposed to:

•the Canada Oil and Gas Operations Act,

•the Canada Petroleum Resources Act,

•the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act,

•the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act,

•the Canada Lands Surveyors Act,

•the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, and

•the Species at Risk Act.

Observations to the Second Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill S-6)

Clauses 16 and 17

Several members of the committee are concerned that the proposed amendments to the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act could have a negative impact on government transparency and accountability.

These proposed amendments remove the requirement that draft regulations under these two Acts be published in the Canada Gazette and that interested parties be given a reasonable opportunity for commentary.

During the meeting, two witnesses from the Treasury Board of Canada Secretariat and Natural Resources Canada (NRCan) responded to this concern, explaining that any substantive regulatory changes under these Acts would still be published in the Canada Gazette through processes elaborated in the Cabinet Directive on Regulations.

The proposed amendments in Clauses 16 and 17, the witnesses explained, would give greater flexibility for future “minor and necessary” amendments. NRCan’s Forward Regulatory Plan details forthcoming proposals for regulatory changes under these Acts and includes consultation with stakeholders and the public before the changes are made.

Nevertheless, the committee believes that publishing of the regulatory amendments on the Canada Gazette, even for “minor” amendments, would constitute an extra layer of government transparency.

Respectfully submitted,

The Standing Senate Committee on Transport and Communications has the honour to table its

SECOND REPORT

Your committee, which was authorized to examine the subject matter of those elements related to transport and communications contained in Part 10 of Bill S-6, An Act respecting regulatory modernization, has, in obedience to the order of reference of Thursday, April 28, 2022, examined the said subject matter and now reports as follows:

The part listed above would amend the Canada Transportation Act to allow the Minister of Transport to make interim orders to amend regulations in certain circumstances. The interim order, which could be valid for up to three years, could only be made if the Minister considers that it is in the public interest and if it either implements an international standard or ensures compliance with Canada’s international obligations. The interim order would also have to be made publicly available, unless the Minister of Transport is of the opinion that its publication is inappropriate due to exceptional circumstances, such as if the publication compromises public safety.

On May 11, 2022, the committee heard witnesses from Transport Canada and the Treasury Board of Canada Secretariat on the subject matter of the part listed above. Associations representing all modes of transportation were also invited to appear, but they declined for various reasons.

During its meeting with the three officials, committee members asked questions about the three-year validity period for interim orders, the possibility that the Minister of Transport may not publish an interim order in exceptional circumstances and the reasons it would be beneficial to update certain regulations by order rather than by the normal process.

Having heard from government officials on the subject matter of the part listed above, your committee supports the amendment proposed to the Canada Transportation Act.

Respectfully submitted,

The Standing Senate Committee on Foreign Affairs and International Trade has the honour to table its

THIRD REPORT

Your committee, which was authorized to examine the subject matter of those elements contained in Part 9 of Bill S-6, An Act respecting regulatory modernization, has, in obedience to the order of reference of Thursday, April 28, 2022, examined the said subject matter and now reports as follows:

1.On May 5, 2022, your committee received testimony from the Treasury Board of Canada Secretariat and the Canada Border Services Agency on the subject matter of those elements contained in Part 9 of Bill S-6.

2.Your committee understands that Part 9 of Bill S-6 would amend section 164(1.1) of the Customs Act to allow the Governor in Council, on the recommendation of the Minister, to make regulations regarding the implementation of a trade agreement that is mentioned in column 1 of Part 5 of the Customs Act’s schedule. That schedule currently lists 15 trade agreements, which include the Canada–United States–Mexico Agreement and the Canada–European Union Comprehensive Economic and Trade Agreement. The amendment to section 164(1.1) of the Customs Act is designed to clarify authorities to make customs-related regulations, to promote the international alignment of such regulations, and to enhance and facilitate compliance with Canada’s customs rules.

3.James van Raalte, Executive Director, Regulatory Policy and Cooperation Directorate, Treasury Board of Canada Secretariat, provided a general overview of Bill S-6, which proposes to amend 29 pieces of legislation via 46 amendments. Mr. van Raalte explained that the bill was intended to reduce administrative burdens on businesses, facilitate digital interactions with government, streamline regulatory processes, and make cross-border trade easier by establishing more consistent and coherent rules across government. He noted that the bill was part of the government’s agenda to improve Canada’s regulatory system. According to Mr. van Raalte, all 46 of the proposed amendments in Bill S-6 are either stakeholder-driven or respond to issues raised by Parliament’s Standing Joint Committee for the Scrutiny of Regulations.

4.Janine Harker, Director, Commercial and Trade Policy Division, Strategic Policy Branch, Canada Border Services Agency, explained that the proposed amendment to section 164(1.1) of the Customs Act is intended to provide a clear overarching authority to make regulations to implement trade agreements. Specifically, she indicated that the amendment would simplify the process of drafting regulations to implement trade agreements “because the authority to do so will be unequivocal and clear.” According to Ms. Harker, among other things, a single enabling authority could simplify the process of amending regulations if a domestic court, tribunal or panel were to determine that existing regulations were inconsistent with the requirements under a trade agreement. She added that having a cohesive enabling authority would provide greater flexibility by ensuring that regulations drafted to implement trade agreements can address new or unforeseen requirements as they may arise.

5.Your committee has no objections to the amendments proposed in Part 9 of Bill S-6.

Respectfully submitted,

The Standing Senate Committee on Fisheries and Oceans has the honour to table its

SECOND REPORT

Your committee, which was authorized to examine the subject matter of those elements related to fisheries and oceans contained in Part 7 of Bill S-6, An Act respecting regulatory modernization has, in obedience to the order of reference of Thursday, April 28, 2022, examined the said subject matter and now reports as follows:

On May 3, 2022, your committee heard witnesses on the subject matter of the part listed above and supports the amendments proposed to the Coastal Fisheries Protection Act and the Fisheries Act.

Respectfully submitted,