Pursuant to notice of June 3, 2019, 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provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed: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 (2nd Supp):

-Parts II and III;

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 provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;

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

4.Preclearance Act, S.C. 1999, c. 20:

-section 37;

5.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;

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

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

7.Marine Liability Act, S.C. 2001, c. 6:

-section 45;

8.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;

9.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;

10.Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

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

-Part 18 other than section 125;

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

-subsection 27(2), section 102, subsections 166(2), 239(2), 322(2) and 392(2);

13.An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6:

-section 28, subsections 30(1) and (3),88(1) and (3) and 164(1) and (3) and section 362;

14.Budget Implementation Act, 2008, S.C. 2008, c. 28:

-sections 150 and 162;

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

-sections 394, 399, and 401 to 404;

16.An Act to amend the Indian Oil and Gas Act, S.C. 2009, c. 7:

-sections 1 to 3; and

17.An Act to amend the Transportation of Dangerous Goods Act, 1992, S.C. 2009, c. 9:

-section 5.

She said: Honourable senators, this is a very serious motion. I rise today to move Motion No. 277 to resolve that one complete act and certain provisions of other acts not be repealed, pursuant to section 3 of the Statutes Repeal Act. I’ve been moving this motion in this chamber for several years now.

Thus, I hereby call on the Senate to ensure that this act and its provisions, which have not come into force since their enactment, are not repealed pursuant to the Statutes Repeal Act.

Before I go any further, I would first like to remind you what this motion is all about.

This motion, technical in nature, stems from a bill introduced by Senator Banks, Bill S-207, the Statutes Repeal Act, which received Royal Assent in 2008 and came into force two years later. The bill seeks to clean up federal legislation by repealing any act or provision of an act that has not come into force for 10 years.

Section 2 of the Statutes Repeal Act requires that the Minister of Justice table an annual report before both houses of Parliament on any of the first five sitting days in each calendar year. This report would list 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.

The annual report of this year, the ninth since the Royal Assent of the acts, was tabled on February 1, 2019, in the House of Commons and February 22, 2019, in the Senate.

This report listed a total of 18 acts or provision of Acts of Parliament assented to nine years or more before December 31, 2018, and not in force on that day. To make something short, this bill, when you have after nine years a provision of a bill that is not enforced, the bill of Senator Banks proposed that in the next calendar year this bill or part of the bill is erased, is abrogated without any debate.

Under this bill, the Minister of Justice writes to each minister to say, this bill or provision of the bill is going to be abrogated, do you need it? If the minister raises his hand and says I need it, it’s in the motion. There is a report and then there is the motion.

This report listed a total of 18 acts or provisions of Acts of Parliament assented to nine years or more before December 31, 2018, and not in force on that day.

Under section 3 of the Statutes Repeal Act, any act or provision listed in the annual report, as I said, will be repealed on December 31 of the year the report was tabled. The repeal is done automatically by the operation of the Statutes Repeal Act.

However, these acts and provisions can be saved from repeal if they are brought into force before that day or if one of the Houses of Parliament adopts a resolution to exempt them from repeal. One of them — the House of Commons or the Senate. Indeed, the motion before you deal specifically with the latter case that a minister recommends that an act or a certain provision of an act be deferred.

You may recall that I moved such a motion in December, and you are no doubt wondering why I’m doing so now, so early in the year. The reason is quite simple, which is that Parliament will very soon be dissolved, the election will be called and we don’t know when we will be back. We may be back in December, but we may not come back until January. If we return after December, in January, the acts slated for repeal will have been repealed before the ministers were able to introduce legislation.

This year, the motion is moved earlier with the goal of adopting a resolution before the adjournment of Parliament in the summer. Given that Parliament may not convene this fall due to the upcoming election, proceeding early with the Statutes Repeal Act motion will help to ensure that these important deferrals will happen before the December 31 deadline.

I will say that the scroll, because I will be repeating more of the items that I spoke of last year, I said at scroll that maybe you would like me to give a little speech. But the answer was unanimous from all the groups that I should do a complete review of all the items. In the motion there are more items than last year. Last year there were 14 items, this year there are 17 items. I’ll shorten the items, but I had the agreement at scroll that we should go through a speech which will talk about the items, because some are interested in them.

So the first item is related to —

With respect to Crown-Indigenous relations, the Minister of Crown-Indigenous Relations is, for the first time, recommending a deferral of repeal of certain provisions of the Act to Amend the Indian Oil and Gas Act, which significantly amends the Indian Oil and Gas Act of 1974 and which sets out a full legislative framework for the exploration or exploitation of oil and gas situated in First Nation lands.

The minister is recommending a deferral of repeal of these provisions so that the regulations can be completed. The 2009 legislation is expected to come into effect shortly after.

The Minister of Finance recommends that certain provisions in these two acts be maintained. The first act is An Act to amend certain Acts in relation to financial institutions. The provisions in question amend the definition of “solicitation” in the Banking Act, the Cooperative Credit Associations Act, the Insurance Companies Act and the Trust and Loan Companies Act.

A deferral of repeal is recommended in order to finish ongoing work to modernize the governance of federally regulated financial institutions.

The second deferral recommendation concerns provisions of An Act to amend the law governing financial institutions and to provide for related and consequential matters.

Section 28 of this act relates to the Bank Act Special Security regime. A deferral of repeal of section 28 is recommended in order for the department to develop regulations in this technical and complex area.

The remaining not in force provision of the act amends parallel sections of the Bank Act, the Cooperative Credit Associations Act and the Trust and Loan Companies Act to create a requirement for financial institutions to attempt communication with unclaimed balance holders via email, in addition to the current requirement of sending a notice to the persons recorded address.

Deferral of repeal of these provisions is recommended until the review of the federal financial sector framework is completed.

The Minister of Foreign Affairs recommends the deferral of the repeal of one complete act and one provision of another act.

The first recommendation concerns the Comprehensive Nuclear Test-Ban Treaty Implementation Act. This act could come into force when the Comprehensive Nuclear Test-Ban Treaty is in effect. However, this treaty must be ratified by 44 specified countries before coming into force, and eight of them have yet to ratify.

The second recommendation concerns section 37 of the Preclearance Act, which implements a bilateral treaty on air transport preclearance.

In March 2015, a new preclearance agreement was signed by Canada and the United States.

In December 2017, Bill C-23, Preclearance Act, 2016, received royal assent and was presented as making legislative changes required to implement the agreement. When the new Preclearance Act, 2016, goes into effect, it will nullify the obligations under the current act and repeal it, including section 37. The deferral of the section is therefore recommended until this bill comes into effect, which should be later this year.

The Minister of Health is recommending a deferral of sections 12 and 45 to 58 of the Assisted Human Reproduction Act as a result of a Supreme Court of Canada ruling which clarified the federal government’s role in the area of assisted human reproduction. A deferral of repeal is recommended until those provisions are brought into force, which is expected to be in 2019 for sections 45 to 58, and in spring 2020 for section 12.

The Minister of Intergovernmental and Northern Affairs and Internal Trade is recommending a deferral for certain provisions of three acts. The first recommendation concerns Part II, labour standards and Part III, occupational health and safety coverage in parliamentary workplaces, of the Parliamentary Employment and Staff Relations Act.

On October 25, 2018, Bill C-65, Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, received Royal Assent. Part 2 of Bill C-65 amends Part III of the PESRA, which is the Parliamentary Employment and Staff Relations Act.

A deferral of repeal of Part III of this act is recommended should the amendments not be brought into force by December 31, 2019.

In addition, Bill C-86, the Budget Implementation Act, 2018, No. 2, which received Royal Assent on December 13, 2018, enacts the Pay Equity Act to establish a proactive process for the achievement of pay equity in all federally regulated workplaces.

A deferral of the repeal of Part II of the Parliamentary Employment and Staff Relations Act is also recommended in order to maintain the possibility for the government to address other labour standard matters at a future time.

The second recommendation concerns sections 70 to 75 of the Yukon Act, which will allow the Yukon Government to appoint its own Auditor General and cease to use the services of Canada’s Auditor General. The Government of Yukon needs to establish a position of Auditor General before these provisions can be brought into force.

The other provisions of the Yukon Act for which a deferral of repeal is recommended are consequential amendments to other acts that should be brought into force when the federal Yukon Surface Rights Board Act is repealed and the Yukon Legislature enacts legislation in its place. To date, the territorial legislation is not yet in place.

The third recommendation, which is the first time that a repeal of appropriation was recommended, concerns sections 401 to 404 of the Budget Implementation Act, 2009, which amends the Federal Public Sector Labour Relations Act to include references to the Public Sector Equitable Compensation Act.

Sections 401 to 404 of the BIA 2009 were meant to support the implementation of the PSECA, but the recent BIA 2018, No. 2, enacted the Pay Equity Act as a replacement for the PSECA. A deferral of repeal is thus recommended until the PEA comes into force and the PSECA is repealed. The PEA is the Pay Equity Act, as you will recall.

Senator, your time has expired. Would you like five more minutes?

I hope to have enough time to finish my speech.

Is leave granted?

The Minister of Justice and Attorney General of Canada is recommending a deferral for certain provisions of three acts. The first concerns certain provisions of the Contraventions Act, which offers an alternative to the summary conviction procedure set out in the Criminal Code for the prosecution of federal offences designated as contraventions.

The Department of Justice has entered into agreements with most provinces to implement the federal contraventions regime through existing provincial penal schemes, but it is still in negotiations with Saskatchewan and Alberta. In the event that agreements cannot be reached with the remaining two provinces, the department may need to implement an autonomous federal penal scheme in those provinces by bringing into force the remaining provisions of the act, which is why a deferral of repeal is recommended.

The second recommendation concerns three outstanding provisions of the Modernization of Benefits and Obligations Act. The provisions in question would authorize a regulatory scheme to allow payment of parental benefits under the Employment Insurance Act, in the event of an unconstitutional exclusion caused by a determination of parentage under provincial and territorial laws. A deferral of repeal is recommended to allow the Government of Canada to complete its review of family-related laws.

The third recommendation, which is new this year as well, concerns clause 399 of Budget Implementation Act, 2009, which amends the Canadian Human Rights Act to provide that the Canadian Human Rights Commission does not have jurisdiction to deal with pay equity complaints made against an employer within the meaning of legislation that has never come into force, namely the Public Sector Equitable Compensation Act.

As I said earlier, Budget Implementation Act, 2018, No. 2, enacts the Pay Equity Act by replacing the Public Sector Equitable Compensation Act, rendering clause 399 null and void. Accordingly, deferring the repeal of clause 399 of Budget Implementation Act, 2009 is recommended to allow for it and the Public Sector Equitable Compensation Act to be repealed simultaneously.

The Minister of National Defence is recommending a deferral of repeal for certain provisions of two acts.

The first recommendation concerns certain provisions of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts. These amend the Canadian Forces Superannuation Act and relate to supplementary death benefits and elective service rules. They cannot be brought into force before the accompanying regulations are made. Hence, a deferral of repeal is recommended.

The second recommendation concerns section 150 of the Budget Implementation Act, 2008.

This provision amends the Canadian Forces Superannuation Act to provide authority for the Governor-in-Council to make regulations for the payment of interest when refunding amounts paid by a contributor that are in excess of amounts required under the Canadian Forces Superannuation Act. This provision cannot be brought into force before the supporting regulations are made.

The Minister of Public Safety and Emergency Preparedness recommends deferring the repeal of a single provision of one act.

I’m sorry to interrupt you, senator, but your time has expired again.

Are you asking for five more minutes?

Yes.

Is leave granted, honourable senators?

I told you I would have written a shorter speech, but everyone agreed at scroll that they wanted me to do the long one.

That provision is clause 162 of Budget Implementation Act, 2008, which amends the Royal Canadian Mounted Police Superannuation Act to provide for the payment of interest on the reimbursement of an overpayment by a contributor to the RCMP pension fund and gives the Governor in Council the power to make regulations respecting the circumstances in which interest is to be paid. This provision cannot come into force until regulations are made, so deferring the repeal would enable the RCMP to complete its consultations.

The Minister of Public Services and Procurement and Accessibility recommends deferring the repeal of certain provisions of part 18 of Budget Implementation Act, 2005, which amends several provisions of the Department of Public Works and Government Services Act to provide the minister with exclusive authority to enter into contracts for services, as she currently does for goods.

Delaying would provide the time needed to hold government-wide consultations.

The Minister of Transport is recommending a deferral of repeal for certain provisions of two acts.

The first concerns section 45 of the Marine Liability Act. That provision will give effect to the Hamburg Rules, which is an international convention on the carriage of goods by sea adopted by the United Nations in 1978. However, the Hamburg Rules have not been ratified by Canada’s major trading partners.

In 2017, the Department of Transport completed a report including recommendations on modernizing Canada’s carriage of goods by water. A deferral of repeal is recommended to allow for the review and modernization of Canada’s legislation to continue.

The second recommendation, another novelty, concerns section 5 of An Act to amend the Transportation of Dangerous Goods Act, 1992. This amendment was meant to address transportation security clearance, and more specifically, a U.S. security clearance requirement that requires licensed commercial motor vehicle drivers who are transporting dangerous goods into and within the U.S. in truckload quantities to have a security clearance.

Even though there is a temporary agreement in place, a long-term TSC program still needs to be implemented for Canada. A deferral of repeal of section 5 will allow time to conduct analysis, hold stakeholder consultation, recommend a cost-effective approach and obtain cabinet approval and financial support.

The President of the Treasury Board and Minister of Digital Government is recommending a deferral of repeal for certain provisions of the two acts.

The first recommendation has to do with certain provisions of the Public Sector Pension Investment Board Act that address supplementary death benefits for the Canadian Armed Forces. These provisions amend the Canadian Forces Superannuation Act to permit regulations to be made prescribing the amount of supplementary death benefits payable and the amount of premiums.

Given that these provisions cannot be brought into force before the necessary regulations are made, a deferral is recommended.

The second recommendation, which is new, has to do with clause 394 of the Budget Implementation Act, 2009, which enacts the Public Sector Equitable Compensation Act or PSECA.

As I mentioned earlier, Budget Implementation Act, No. 2, includes provisions to repeal PSECA, which has been replaced by the Pay Equity Act. PSECA will be repealed once all of the pay equity complaints filed under section 11 of the Canadian Human Rights Act, or CHRA, have been fully dealt with. The repeal of this provision is necessary so that the complaints filed under the CHRA can be dealt with.

To conclude, under the Statutes Repeal Act, repeal deferrals are valid for only one year. Any act or provision of an act whose repeal is deferred this year will be included in the next annual report. Next year it won’t be me.

It is important that we adopt this motion because if we do not adopt it before this Parliament ends —

No, worse than that. All of the acts and provisions that I just listed will be repealed, and that could lead to inconsistency in federal legislation and we’ll have to adopt them again. The repeal of certain provisions could even result in federal-provincial-territorial stresses and impact Canada’s international relations.

I therefore encourage you, dear colleagues, to adopt this motion quickly.

I don’t think you heard, Your Honour, because of the revelry, but we called “on division” on that.

It will be recorded as “on division.”

Is it your pleasure, honourable senators, to adopt the motion?

Some Hon. Senators: Agreed.

An Hon. Senator: On division.

(Motion agreed to, on division.)