Legal and Constitutional Affairs

Tuesday, December 12, 2023

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to table its

TWENTY-FIRST REPORT

Your committee, to which was referred the document entitled “Proposals to correct certain anomalies, inconsistencies, out-dated terminology and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes and Regulations of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect”, tabled in the Senate on June 20, 2023, has, in obedience to its order of reference of Wednesday, June 21, 2023, examined the said proposals and now reports the same, with the following comments.

The Miscellaneous Statute Law Amendment (MSLA) Program is a periodic legislative exercise to correct anomalies, inconsistencies, outdated terminology or errors that have crept into the statutes. It provides a process for facilitating the passing of minor non-controversial amendments. Four key criteria must be met in order for any proposed amendments to be included in the Department of Justice’s proposals document; namely, the proposals must not:

•be controversial;

• involve the spending of public funds;

•prejudicially affect the rights of persons; or

•create a new offence or subject a new class of persons to an existing offence.

As a result of this program, a proposal is referred to the House of Commons Standing Committee on Justice and Human Rights and the Standing Senate Committee on Legal and Constitutional Affairs. If either committee considers a proposed amendment to be controversial or to not meet the other criteria, it is to be withdrawn. Each committee may also add new proposals for the other to consider, providing that they meet the above-noted criteria.

Once the committees have reported on their review of the proposals, a Miscellaneous Statute Law Amendment bill is tabled. The bill is subject to ordinary enactment procedures; however, since the amendments have already been approved by both committees, it usually receives three readings without debate.

Your committee held one meeting and heard from seven departmental officials in reviewing this proposal.

As a result of this review, your committee recommends the removal of four proposals, and the correction of duplicated text in a fourth proposal.

Clause 27 amends the French version of the Criminal Code, and contains the words “notamment par la déliverance de permis” twice in the proposed amendment.

Your committee recommends that this duplication be corrected and removed from the proposed amendment, at the request of the department.

Clause 58 amends the French version of the Pension Benefits Standards Act, 1985. These amendments have already been given Royal Assent as part of the Budget Implementation Act, 2023, No. 1, which was introduced and passed after the MSLA proposals document was tabled.

Your committee recommends that clause 58 be withdrawn from further consideration.

Clauses 61 and 62 amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act to replace references to the Trial Division of the Supreme Court of Newfoundland and Labrador with the Supreme Court of Newfoundland and Labrador. These proposals duplicate amendments that are contained in Bill C-49, An Act to amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts. Bill C-49 was introduced in the House of Commons on 30 May 2023 and is currently at second reading in that House.

Your committee recommends that these proposals be withdrawn from further consideration, at the request of the department.

Clause 70 amends the Canadian Dairy Commission Act to remove the mandatory retirement age of 70 for members of the Canadian Dairy Commission. Your committee recommends that this clause be withdrawn from further consideration, as it constitutes a substantive amendment and goes beyond the scope of the MSLA process. It should instead be introduced through the regular legislative process to allow for a fuller study of the proposed amendment.

Respectfully submitted,