Focus on Parliament

CBA Focus on Parliament is a regular compendium of federal government bills, draft regulations, selected private members’ bills and other government initiatives. The CBA Legislation and Law Reform department has compiled this list for leaders of CBA Sections, Forums and Committees, as an overview of recent federal issues on which they may wish to comment. The government’s summary and a link to the full text are included.

Chances are that you have already discussed the issues of interest with your CBA staff lawyer. Any CBA group already working on a response is listed after the summary. If your Section, Forum or Committee wishes to contribute to a CBA submission on any of these initiatives, please contact your staff lawyer.

GOVERNMENT BILLS

C-5, Economic Action Plan 2015 Act, No. 1

This enactment repeals Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, which authorizes the Treasury Board to establish and modify, despite the Public Service Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.

First Reading in House of Commons February 5, 2016

C-12, Canadian Forces Members and Veterans Re-establishment and Compensation Act

This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,

  1. replace “permanent impairment allowance” with “career impact allowance”;
  2. replace “totally and permanently incapacitated” with “diminished earning capacity”;
  3. increase the percentage in the formula used to calculate the earnings loss benefit;
  4. specify when a disability award becomes payable and clarify the formula used to calculate the amount of a disability award;
  5. increase the amounts of a disability award; and
  6. increase the amount of a death benefit.

In addition, it contains transitional provisions that provide, among other things, that the Minister of Veterans Affairs must pay, to a person who received a disability award or a death benefit under that Act before April 1, 2017, an amount that represents the increase in the amount of the disability award or the death benefit, as the case may be.

It also makes consequential amendments to the Children of Deceased Veterans Education Assistance Act, the Pension Act and the Income Tax Act.

First Reading in House of Commons March 24, 2016

C-17, Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act

This enactment amends the Yukon Environmental and Socio-economic Assessment Act, in particular by repealing the provisions

  1. that authorize the federal minister to delegate any of his or her powers, duties and functions under that Act to the territorial minister;
  2. that exempt projects and existing projects from the requirement of a new assessment when an authorization is renewed or amended and there are no significant changes to the original project as previously assessed;
  3. that establish time limits for assessments; and
  4. that authorize the federal minister to issue binding policy directions to the Yukon Environmental and Socio-economic Assessment Board.

The enactment also amends the Yukon and Nunavut Regulatory Improvement Act by repealing the transitional provision relating to the application of time limit provisions enacted by that Act to projects in respect of which the evaluation, screening or review had begun before that Act came into force but for which no decision had yet been made.

Second Reading in House of Commons and Referral to Indigenous and Northern Affairs Committee June 20, 2017

C-21, An Act to amend the Customs Act

This enactment amends the Customs Act to authorize the Canada Border Services Agency to collect, from prescribed persons and prescribed sources, personal information on all persons who are leaving or have left Canada. It also amends the Act to authorize an officer, as defined in that Act, to require that goods that are to be exported from Canada are to be reported despite any exemption under that Act. In addition, it amends the Act to provide officers with the power to examine any goods that are to be exported. Finally, it amends the Act to authorize the disclosure of information collected under the Customs Act to an official of the Department of Employment and Social Development for the purposes of administering or enforcing the Old Age Security Act.

First Reading in House of Commons June 15, 2016

C-23, Preclearance Act, 2016

This enactment implements the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (the Agreement), done at Washington on March 16, 2015, to provide for the preclearance in each country of travellers and goods bound for the other country.

Part 1 of the enactment authorizes United States preclearance officers to conduct preclearance in Canada of travellers and goods bound for the United States and, among other things, it

  1. authorizes a federal Minister to designate preclearance areas and preclearance perimeters in Canada, in which preclearance may take place;
  2. provides United States preclearance officers with powers to facilitate preclearance;
  3. establishes that the exercise of any power and performance of any duty or function by a United States preclearance officer is subject to Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act;
  4. authorizes Canadian police officers and the officers of the Canada Border Services Agency to assist United States preclearance officers in the exercise of their powers and performance of their duties and functions;
  5. allows a traveller bound for the United States to withdraw from the preclearance process, unless the traveller is detained under Part 1; and
  6. limits the ability to request the extradition or provisional arrest of a current or former United States preclearance officer.

Part 2 of the enactment provides for the preclearance in the United States, by Canadian officers, of travellers and goods bound for Canada. Among other things, Part 2

  1. specifies how the Immigration and Refugee Protection Act will apply to travellers bound for Canada who are in preclearance areas and preclearance perimeters in the United States, and extends the application of other Canadian legislation that relates to the entry of persons and importation of goods into Canada to those preclearance areas and preclearance perimeters;
  2. authorizes the Governor in Council to make regulations adapting, restricting or excluding the application of provisions of the Immigration and Refugee Protection Act and that other Canadian legislation in preclearance areas and preclearance perimeters;
  3. prevents, as required under the Agreement, the exercise of powers of Canadian officers under Canadian law with respect to questioning or interrogation, examination, search, seizure, forfeiture, detention and arrest in preclearance areas and preclearance perimeters, as similar powers will be conferred under the laws of the United States on Canadian officers;
  4. allows a traveller bound for Canada to withdraw from the preclearance process, unless the traveller is detained under the laws of the United States;
  5. deems an act or omission committed in a preclearance area or preclearance perimeter to be committed in Canada, if the act or omission would constitute, in Canada, an offence relating to the entry of persons or importation of goods into Canada; and
  6. grants the Attorney General of Canada the exclusive authority to commence and conduct a prosecution of a Canadian officer with respect to an act or omission committed in the United States.

Part 3 of the enactment makes related amendments to the Criminal Code to provide United States preclearance officers with an exemption from criminal liability under the Criminal Code and the Firearms Act with respect to the carriage of firearms and other regulated items. It also amends the Criminal Code to provide for a stay of proceedings against a United States preclearance officer when the Government of the United States provides notice under paragraph 14 of Article X of the Agreement.

Part 4 of the enactment makes a consequential amendment to the Customs Act, repeals the Preclearance Act and contains the coming-into-force provision.

First Reading in Senate June 22, 2017

(CBA Air and Space Law, Criminal Justice, Immigration Law, Maritime Law and Privacy Law Sections)

C-24, An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act

This enactment amends the Salaries Act to authorize payment, out of the Consolidated Revenue Fund, of the salaries for eight new ministerial positions. It authorizes the Governor in Council to designate departments to support the ministers who occupy those positions and authorizes those ministers to delegate their powers, duties or functions to officers or employees of the designated departments. It also makes a consequential amendment to the Financial Administration Act.

Second Reading in House of Commons and Referral to Government Operations and Estimates Committee June 12, 2017

C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act

Part 1 amends the Canada Business Corporations Act, the Canada Cooperatives Act and the Canada Not-for-profit Corporations Act to, among other things,

  1. reform some aspects of the process for electing directors of certain corporations and cooperatives;
  2. modernize communications between corporations or cooperatives and their shareholders or members;
  3. clarify that corporations and cooperatives are prohibited from issuing share certificates and warrants, in bearer form; and
  4. require certain corporations to place before the shareholders, at every annual meeting, information respecting diversity among directors and the members of senior management.

Part 2 amends the Competition Act to expand the concept of affiliation to a broader range of business organizations.

First Reading in Senate June 21, 2017

(CBA Business Law, CCCA, Charities and Not-for-profit Law, and Competition Law Sections and Women Lawyers Forum)

C-27, An Act to amend the Pension Benefits Standards Act, 1985

This enactment amends the Pension Benefits Standards Act, 1985 to provide a framework for the establishment, administration and supervision of target benefit plans. It also amends the Act to permit pension plan administrators to purchase immediate or deferred life annuities for former members or survivors so as to satisfy an obligation to provide pension benefits if the obligation arises from a defined benefit provision.

First Reading in House of Commons October 19, 2016

(CBA Pensions and Benefits Section)

C-28, An Act to amend the Criminal Code (victim surcharge)

This enactment amends the victim surcharge provisions in the Criminal Code to

  1. allow the court to exempt an offender from the payment of a victim surcharge in cases where the offender satisfies the court that the payment would cause the offender undue hardship and to provide the court with guidance with respect to what constitutes undue hardship;
  2. provide that a victim surcharge is to be paid for each offence, with an exception for certain administration of justice offences if the total amount of surcharges imposed on an offender for these types of offences would be disproportionate in the circumstances;
  3. require courts to provide reasons for the application of any exception for certain administration of justice offences or any exemption from the payment of a victim surcharge; and
  4. clarify that these amendments apply to any offender who is sentenced after the day on which the amendments come into force, regardless of whether or not the offence was committed before that day.

First Reading in House of Commons October 21, 2016.

(CBA Criminal Justice Section)

C-32, An Act related to the repeal of section 159 of the Criminal Code

This enactment amends the Criminal Code to repeal section 159 and to provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid. It also makes consequential amendments to that Act, the Corrections and Conditional Release Act and the Youth Criminal Justice Act.

Second Reading in Senate and Referral to Foreign Affairs and International Trade Committee March 7, 2017

(CBA Sexual Orientation and Gender Identity Community Forum and Criminal Justice Section)

C-33, An Act to amend the Canada Elections Act and to make consequential amendments to other Acts

This enactment amends the Canada Elections Act to

  1. remove limitations on public education and information activities conducted by the Chief Electoral Officer;
  2. establish a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
  3. authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
  4. remove the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
  5. replace, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
  6. remove two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years, and the requirement that they intend to return to Canada to resume residence in the future; and
  7. relocate the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provide that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term

First Reading in House of Commons November 24, 2016

C-34, An Act to amend the Public Service Labour Relations Act and other Acts

This enactment amends the Public Service Labour Relations Act to restore the procedures for the choice of process of dispute resolution including those involving essential services, arbitration, conciliation and alternative dispute resolution that existed before December 13, 2013.

It also amends the Public Sector Equitable Compensation Act to restore the procedures applicable to arbitration and conciliation that existed before December 13, 2013.

It repeals provisions of the Economic Action Plan 2013 Act, No. 2 that are not in force that amend the Public Service Labour Relations Act, the Canadian Human Rights Act, and the Public Service Employment Act and it repeals not in force provisions of the Economic Action Plan 2014 Act, No. 1 that amend those provisions.

First Reading in House of Commons November 28, 2016 

C-36, An Act to amend the Statistics Act

This enactment amends the Statistics Act to strengthen the independence of Statistics Canada, including by providing for the appointment of the Chief Statistician to hold office during good behaviour and by assigning to the Chief Statistician the powers related to methods, procedures and operations of Statistics Canada. It also establishes a transparent process to issue directives to the Chief Statistician concerning those methods, procedures and operations or the statistical programs. In addition, it establishes the Canadian Statistics Advisory Council, no longer requires the consent of respondents to transfer their Census information to Library and Archives Canada and repeals imprisonment as a penalty for any offence committed by a respondent. Finally, it amends certain provisions by modernizing the language of the Act to better reflect current methods of collecting statistical information.

First Reading in Senate June 21, 2017

C-38, An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons)

This enactment amends An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days.

First Reading in House of Commons February 9, 2017

C-39, An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things, remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada. It also repeals section 159 of that Act and provides that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid. It also makes consequential amendments to the Corrections and Conditional Release Act and the Youth Criminal Justice Act.

First Reading in House of Commons March 8, 2017

C-42, Veterans Well-being Act

This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,

  1. specify to whom career transition services may be provided under Part 1 of the Act and authorize the Governor in Council to make regulations respecting those services;
  2. create a new education and training benefit that will provide a veteran with up to $80,000 for a course of study at an educational institution or for other education or training that is approved by the Minister of Veterans Affairs;
  3. end the family caregiver relief benefit and replace it with a caregiver recognition benefit that is payable to a person designated by a veteran;
  4. authorize the Minister of Veterans Affairs to waive the requirement for an application for compensation, services or assistance under the Act in certain cases;
  5. set out to whom any amount payable under the Act is to be paid if the person who is entitled to that amount dies before receiving it; and
  6. change the name of the Act.

The enactment also amends the Pension Act and the Department of Veterans Affairs Act to remove references to hospitals under the jurisdiction of the Department of Veterans Affairs as there are no longer any such hospitals.

Finally, it makes consequential amendments to other Acts.

First Reading in House of Commons March 24, 2017

C-43, An Act respecting a payment to be made out of the Consolidated Revenue Fund to support a pan-Canadian artificial intelligence strategy

This enactment authorizes a payment to be made out of the Consolidated Revenue Fund to the Canadian Institute for Advanced Research to support a pan-Canadian artificial intelligence strategy.

First Reading in House of Commons March 24, 2017

C-45, Cannabis Act

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.

La loi a pour objectif de restreindre l’acc√®s des jeunes au cannabis, de prot√©ger la sant√© et la s√©curit√© publiques par l’√©tablissement d’exigences strictes en ce qui a trait √† la s√©curit√© et √† la qualit√© des produits et de d√©courager les activit√©s criminelles par l’imposition d’importantes sanctions p√©nales aux personnes agissant en dehors du cadre juridique. Elle vise √©galement √† all√©ger le fardeau du syst√®me de justice p√©nale relativement au cannabis.

The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.

The Act

  1. establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;
  2. enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;
  3. authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;
  4. prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;
  5. provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;
  6. includes mechanisms to deal with seized cannabis and other property;
  7. authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;
  8. permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;
  9. authorizes the Minister to fix, by order, fees related to the administration of the Act; and
  10. authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.

This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.

In addition, it repeals Part XII.‚Äć1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.

It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.

Finally, it makes consequential amendments to other Acts.

Second Reading in House of Commons and Referral to Health Committee June 8, 2017

(CBA Criminal Justice, Municipal Law and Health Law Sections)

C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts

Part 1 amends the provisions of the Criminal Code that deal with offences and procedures relating to drug-impaired driving. Among other things, the amendments

  1. enact new criminal offences for driving with a blood drug concentration that is equal to or higher than the permitted concentration;
  2. authorize the Governor in Council to establish blood drug concentrations; and
  3. authorize peace officers who suspect a driver has a drug in their body to demand that the driver provide a sample of a bodily substance for analysis by drug screening equipment that is approved by the Attorney General of Canada.

Part 2 repeals the provisions of the Criminal Code that deal with offences and procedures relating to conveyances, including those provisions enacted by Part 1, and replaces them with provisions in a new Part of the Criminal Code that, among other things,

  1. re-enact and modernize offences and procedures relating to conveyances;
  2. authorize mandatory roadside screening for alcohol;
  3. establish the requirements to prove a person’s blood alcohol concentration; and
  4. increase certain maximum penalties and certain minimum fines.

Part 3 contains coordinating amendments and the coming into force provision.

Second Reading in House of Commons and Referral to Justice and Human Rights Committee May 31 , 2017

(Criminal Justice Section)

C-47, An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)

This enactment amends the Export and Import Permits Act to

  1. define the term “broker” and to establish a framework to control brokering that takes place in Canada and that is undertaken by Canadians outside Canada;
  2. authorize the making of regulations that set out mandatory considerations that the Minister is required to take into account before issuing an export permit or a brokering permit;
  3. set May 31 as the date by which the Minister must table in both Houses of Parliament a report of the operations under the Act in the preceding year and a report on military exports in the preceding year;
  4. increase the maximum fine for a summary conviction offence to $250,000;
  5. replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the Automatic Firearms Country Control List by a requirement that a country may be added to the list only on the recommendation of the Minister made after consultation with the Minister of National Defence; and
  6. add a new purpose for which an article may be added to an Export Control List.

The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183.

First Reading in House of Commons April 13, 2017

C-48, Oil Tanker Moratorium Act

This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12‚ÄĮ500 metric tons of crude oil or persistent oil as cargo from stopping, or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12‚ÄĮ500 metric tons of those oils as cargo.

The Act also prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers.
Finally, the Act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of five million dollars.

First Reading in House of Commons May 12, 2017

C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts

This enactment amends the Canada Transportation Act in respect of air transportation and railway transportation.

With respect to air transportation, it amends the Canada Transportation Act to require the Canadian Transportation Agency to make regulations establishing a new air passenger rights regime and to authorize the Governor in Council to make regulations requiring air carriers and other persons providing services in relation to air transportation to report on different aspects of their performance with respect to passenger experience or quality of service. It amends the definition of Canadian in that Act in order to raise the threshold of voting interests in an air carrier that may be owned and controlled by non-Canadians while retaining its Canadian status, while also establishing specific limits related to such interests. It also amends that Act to create a new process for the review and authorization of arrangements involving two or more transportation undertakings providing air services to take into account considerations respecting competition and broader considerations respecting public interest.

With respect to railway transportation, it amends the Act to, among other things,

  1. provide that the Canadian Transportation Agency will offer information and informal dispute resolution services;
  2. expand the Governor in Council’s powers to make regulations requiring major railway companies to provide to the Minister of Transport and the Agency information relating to rates, service and performance;
  3. repeal provisions of the Act dealing with insolvent railway companies in order to allow the laws of general application respecting bankruptcy and insolvency to apply to those companies;
  4. clarify the factors that must be applied in determining whether railway companies are fulfilling their service obligations;
  5. shorten the period within which a level of service complaint is to be adjudicated by the Agency;
  6. enable shippers to obtain terms in their contracts dealing with amounts to be paid in relation to a failure to comply with conditions related to railway companies’ service obligations;
  7. require the Agency to set the interswitching rate annually;
  8. create a new remedy for shippers who have access to the lines of only one railway company at the point of origin or destination of the movement of traffic in circumstances where interswitching is not available;
  9. change the process for the transfer and discontinuance of railway lines to, among other things, require railway companies to make certain information available to the Minister and the public and establish a remedy for non-compliance with the process;
  10. change provisions respecting the maximum revenue entitlement for the movement of Western grain and require certain railway companies to provide to the Minister and the public information respecting the movement of grain; and
  11. change provisions respecting the final offer arbitration process by, among other things, increasing the maximum amount for the summary process to $2 million and by making a decision of an arbitrator applicable for a period requested by the shipper of up to two years.

It amends the CN Commercialization Act to increase the maximum proportion of voting shares of the Canadian National Railway Company that can be held by any one person to 25%.

It amends the Railway Safety Act to prohibit a railway company from operating railway equipment and a local railway company from operating railway equipment on a railway unless the equipment is fitted with the prescribed recording instruments and the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects. This enactment also specifies the circumstances in which the prescribed information that is recorded can be used and communicated by companies, the Minister of Transport and railway safety inspectors.

It amends the Canadian Transportation Accident Investigation and Safety Board Act to allow the use or communication of an on-board recording, as defined in subsection 28(1) of that Act, if that use or communication is expressly authorized under the Aeronautics Act, the National Energy Board Act, the Railway Safety Act or the Canada Shipping Act, 2001.

It amends the Canadian Air Transport Security Authority Act to authorize the Canadian Air Transport Security Authority to enter into agreements for the delivery of screening services on a cost-recovery basis.

It amends the Coasting Trade Act to enable repositioning of empty containers by ships registered in any register. These amendments are conditional on Bill C-30, introduced in the 1st session of the 42nd Parliament and entitled the Canada‚ÄďEuropean Union Comprehensive Economic and Trade Agreement Implementation Act, receiving royal assent and sections 91 to 94 of that Act coming into force.

It amends the Canada Marine Act to permit port authorities and their wholly-owned subsidiaries to receive loans and loan guarantees from the Canada Infrastructure Bank.

These amendments are conditional on Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled the Budget Implementation Act, 2017, No. 1, receiving royal assent.

Finally, it makes related and consequential amendments to the Bankruptcy and Insolvency Act, the Competition Act, the Companies’ Creditors Arrangement Act, the Air Canada Public Participation Act, the Budget Implementation Act, 2009 and the Fair Rail for Grain Farmers Act.

Second Reading in House of Commons and Referral to Transport, Infrastructure and Communities Committee June 19, 2017
(CBA Competition Law Section)

C-50, An Act to amend the Canada Elections Act (political financing)

This enactment amends the Canada Elections Act to

  1. enact an advertising and reporting regime for fundraising events attended by Ministers, party leaders or leadership contestants; and
  2. harmonize the rules applicable to contest expenses of nomination contestants and leadership contestants with the rules applicable to election expenses of candidates.

Second Reading in House of Commons and Referral to Procedure and House Affairs Committee June 15, 2017

C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act

This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of the complainant’s or a witness’s record when in the possession of the accused.

This enactment also amends the Department of Justice Act to require that the Minister of Justice cause to be tabled, for every government Bill introduced in either House of Parliament, a statement of the Bill’s potential effects on the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.

Finally, it makes consequential amendments to the Criminal Records Act.

Second Reading in House of Commons and Referral to Justice and Human Rights Committee June 1, 2017
(CBA Criminal Justice Section)

C-52, An Act to amend Chapter 6 of the Statutes of Canada, 2012

This enactment, among other things,

  1. amends the Ending the Long-gun Registry Act, by repealing the amendments made by the Economic Action Plan 2015 Act, No. 1, to retroactively restore the application of the Access to Information Act and the Privacy Act to the records related to the registration of non-restricted firearms until the day on which this enactment receives royal assent;
  2. provides that the Access to Information Act and the Privacy Act continue to apply to proceedings that were initiated under those Acts before that day until the proceedings are finally disposed of, settled or abandoned; and
  3. directs the Commissioner of Firearms to provide the minister of the Government of Quebec responsible for public security with a copy of such records, at that minister’s request.

First Reading in House of Commons June 9, 2017

C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act

This enactment amends the Oceans Act to, among other things,

  1. clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of protected areas;
  2. empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas;
  3. provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it;
  4. provide that the Governor in Council and Minister cannot use the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.‚Äć1(2);
  5. update and strengthen the powers of enforcement officers;
  6. update the Act’s offence provisions, in particular to increase the amount of fines and to provide that ships may be subject to the offence provisions; and
  7. create new offences for a person or ship that engages in prohibited activities within a marine protected area designated by an order or that contravenes certain orders.

This enactment also makes amendments to the Canada Petroleum Resources Act to, among other things,

  1. expand the Governor in Council’s authority to prohibit an interest owner from commencing or continuing a work or activity in a marine protected area that is designated under the Oceans Act;
  2. empower the competent Minister under the Canada Petroleum Resources Act to cancel an interest that is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that may be so designated; and
  3. provide for compensation to the interest owner for the cancellation or surrender of such an interest.

First Reading in House of Commons June 15, 2017

C-56, An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act

This enactment amends the Corrections and Conditional Release Act to, among other things,

  1. reintroduce the expression “least restrictive” in certain provisions of the Act;
  2. provide that an inmate must be released from administrative segregation before the end of the 21st day of that confinement, unless the institutional head orders that the inmate is to remain in administrative segregation;
  3. provide that an independent external reviewer, appointed by the Minister of Public Safety and Emergency Preparedness, will review the case of an inmate who is ordered to remain in administrative segregation after that 21st day and in other circumstances;
  4. provide that the independent external reviewer shall, after the review, make a recommendation to the institutional head as to whether or not the inmate should be released from administrative segregation;
  5. provide that, 18 months after the amendments referred to in paragraph (b) come into force, the 21-day limit referred to in that paragraph is reduced to a 15-day limit;
  6. provide that the head of the appropriate regional headquarters of the Correctional Service of Canada shall, in the circumstances prescribed by regulation, order that an inmate is to be released from, or to remain in, administrative segregation;
  7. provide for a comprehensive review of the legislative and regulatory reforms to the administrative segregation regime, to be conducted five years after those reforms take effect; and
  8. reintroduce the requirement that the Parole Board of Canada hold hearings following a suspension, termination or revocation of parole or statutory release.

This enactment also amends the Abolition of Early Parole Act to provide that the accelerated parole review process under the Corrections and Conditional Release Act continues to apply to offenders in respect of an offence committed before the day on which the Abolition of Early Parole Act came into force.

First Reading in House of Commons June 19, 2017

C-57, An Act to amend the Federal Sustainable Development Act

This enactment amends the Federal Sustainable Development Act to make decision making related to sustainable development more transparent and subject to accountability to Parliament.

First Reading in House of Commons June 19, 2017

C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

This enactment amends the Access to Information Act to, among other things,

  1. authorize the head of a government institution to decline to act on a request for access to a record for various reasons, including because it is vexatious or made in bad faith, and give the person who made the request the right to make a complaint to the Information Commissioner if their request is declined;
  2. authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith;
  3. clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy;
  4. authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and give parties the right to apply to the Federal Court for a review of the matter;
  5. create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts;
  6. require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward;
  7. authorize government institutions to provide to other government institutions services related to requests for access to records; and
  8. expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule.
    It amends the Privacy Act to, among other things,
  9. create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff;
  10. authorize government institutions to provide to other government institutions services related to requests for personal information; and
  11. expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.

It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.

First Reading in House of Commons June 19, 2017
CBA Privacy and Access Law Section)

C-59, An Act respecting national security matters

Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.

Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, admendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.

Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.

Part 4 amends the Canadian Security Intelligence Service Act to

  1. add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;
  2. add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;
  3. provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;
  4. exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;
  5. create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;
  6. make amendments to the warrant regime that are related to datasets; and
  7. implement measures for the management of datasets.

Part 5 amends the Security of Canada Information Sharing Act to, among other things,

  1. emphasize that the Act addresses only the disclosure of information and not its collection or use;
  2. clarify the definition of “activity that undermines the security of Canada”;
  3. clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;
  4. provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;
  5. require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and
  6. require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.

Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.

Part 7 amends the Criminal Code to, among other things,

  1. make certain procedural modifications to the terrorist listing regime under section 83.‚Äć05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;
  2. change the offence of advocating or promoting terrorism offences in general, in section 83.‚Äć221, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;
  3. raise one of the thresholds for imposing a recognizance with conditions under section 83.‚Äć3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;
  4. repeal sections 83.‚Äć28 and 83.‚Äć29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‚Äć31(1) and (1.‚Äć1), which require annual reports on such hearings;
  5. require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.‚Äć011 in the previous year; and
  6. authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‚Äć2, to make orders for the protection of witnesses.

Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order.

Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the sixth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.

First Reading in the House of Commons June 20, 2017
(CBA Criminal Justice Section, Military Law Section, Immigration Law Section, Privacy Law Section)

S-2, Strengthening Motor Vehicle Safety for Canadians Act

This enactment amends the Motor Vehicle Safety Act for the purpose of strengthening the enforcement and compliance regime to further protect the safety of Canadians and to provide additional flexibility to support advanced safety technologies and other vehicle innovations. It provides the Minister of Transport with the authority to order companies to correct a defect or non-compliance and establishes a tiered penalty structure for offences committed under the Act. The enactment also makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.

First Reading in House of Commons February 9, 2017

S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration)

This enactment amends the Indian Act to provide new entitlements to registration in the Indian Register in response to the decision in Descheneaux c. Canada (Procureur général) that was rendered by the Superior Court of Quebec on August 3, 2015, and to provide that the persons who become so entitled also have the right to have their name entered in a Band List maintained by the Department of Indian Affairs and Northern Development.

Third Reading in House of Commons June 21, 2017
(CBA Aboriginal Law Section)

S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. As well, it adds new provisions to the Act, including in respect of inspection and seizure.

Part 1 also makes consequential amendments to the Food and Drugs Act and the Canada Consumer Product Safety Act.

Part¬†2¬†of this enactment amends the¬†Non-smokers’ Health Act¬†to regulate the use of vaping products in the federal workplace and on certain modes of transportation.

First Reading in House of Commons June 15, 2017

PRIVATE MEMBERS BILLS PAST SECOND READING

S-202, Shared Parenting Act

This enactment amends the Divorce Act to provide for parenting plans that set out the responsibilities and authority of each spouse with respect to the care, development and upbringing of a child of the marriage. A parenting plan may be included in an application for a custody or access order brought by one or both spouses under the Act.

The new provisions also set out the fundamental principles of shared parenting that are to be included in a parenting plan, although the court may approve a plan that does not include all the listed principles if satisfied that doing so is in the best interests of the child.

The enactment also requires a court to satisfy itself that reasonable arrangements have been made for the parenting of any children of a marriage before granting a divorce under the Act.

Second Reading in Senate and Referral to Legal and Constitutional Affairs Committee October 6, 2016

(CBA Family Law Section)

S-203, Ending the Captivity of Whales and Dolphins Act

This enactment amends the Criminal Code to create offences respecting cetaceans in captivity. It also amends the Fisheries Act to prohibit the taking of a cetacean into captivity and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to prohibit the import of a cetacean into Canada and the export of a cetacean from Canada.

Second Reading in Senate and Referral to Fisheries and Oceans Committee November 23, 2016

S-205, An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts

This enactment provides for the appointment of an Inspector General of the Canada Border Services Agency with the authority to report on and make recommendations concerning the Agency’s activities and the capacity to receive and investigate complaints about the Agency.

Third Reading in Senate October 25, 2016

S-209, An Act to amend the Official Languages Act (communications with and services to the public)

This enactment amends the Official Languages Act to introduce the concept of equal quality of communications and services offered by federal institutions in each official language.

The enactment modifies the criteria used to determine if there is a significant demand for communications and services in either official language.

The enactment specifies the locations where federal institutions have a duty to provide communications and services in both official languages.

The enactment provides for a review of the regulations enacted under Part IV of the Act after every decennial census.

The provisions on prior consultation are applied more specifically to regulations that provide for exceptions to the application of Part IV of the Act in certain circumstances or to certain bodies.

Second Reading in Senate and Referral to Official Languages Committee November 17, 2016

S-210, An Act to amend An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts

This enactment amends An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts by repealing its short title.

Second Reading in Senate and Referral to Social Affairs, Science and Technology Committee February 2, 2017.

S-211, National Sickle Cell Awareness Day Act

This enactment designates the nineteenth day of June in each and every year as “National Sickle Cell Awareness Day”.

Health Committee Reporting Bill without Amendment in House of Commons May 9, 2017

S-212, Aboriginal Languages of Canada Act

This enactment recognizes the right of the aboriginal peoples of Canada to use, preserve, revitalize and promote their languages, and expresses the Government of Canada’s commitment to preserve, revitalize and promote aboriginal languages in Canada by protecting them and using them where appropriate.

It requires the designated Minister to take measures to implement this commitment, including measures to recognize and support the right of aboriginal governments to use and promote aboriginal languages; to encourage and support provincial and territorial governments and municipal, local and educational authorities to support aboriginal languages; to increase opportunities for aboriginal persons to learn and become more proficient in their languages; to increase the number of circumstances in which aboriginal languages are used and supported; and to foster a positive attitude among all Canadians toward aboriginal languages.

Second Reading in Senate and Referral to Aboriginal Peoples Committee December 1, 2016

S-213, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate)

This enactment amends the Constitution Act, 1867 to provide for the election of the Speaker and the Deputy Speaker of the Senate. It further amends the Constitution Act, 1867 to provide for a voting procedure in the Senate similar to the one used in the House of Commons, where the elected Speaker of that House may not vote except when the votes on a question are equally divided.

The enactment also makes related amendments to the Parliament of Canada Act.

Report Presented by Special Committee on Senate Modernization without Amendment in Senate March 28, 2017

S-214, Cruelty-Free Cosmetics Act

This enactment amends the Food and Drugs Act to prohibit cosmetic animal testing and the sale of cosmetics developed or manufactured using cosmetic animal testing. It also provides that no evidence derived from animal testing may be used to establish the safety of a cosmetic.

Second Reading in Senate and Referral to Social Affairs, Science and Technology Committee December 13, 2016

S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women)

This enactment amends the Criminal Code to require a court, when imposing a sentence for certain violent offences, to consider the fact that the victim is an Aboriginal woman to be an aggravating circumstance.

Third Reading in Senate December 15, 2016

S-218, Latin American Heritage Month Act

This enactment designates the month of October in each and every year as “Latin American Heritage Month”.

Second Reading in Senate and Referral to Social Affairs, Science and Technology Committee December 12, 2016

S-219, Non-Nuclear Sanctions Against Iran Act

This enactment provides for an ongoing analysis of the incidence of terrorist activity, support of terrorism, incitement to hatred, and human rights violations, emanating from Iran, the identification of Iranian officials who are responsible for such activities and the strengthening of Canada’s non-nuclear sanctions regime against Iran by

  1. requiring the Minister of Foreign Affairs to publish an annual report on Iran-sponsored terrorism, incitement to hatred, and human rights violations that includes a description of measures taken by the Government of Canada to address those activities;
  2. providing that the Special Economic Measures (Iran) Regulations apply in respect of the following, as if they were persons whose names are listed in Schedule 1 of those regulations:
    1. the Execution of Imam Khomenei’s Order (EIKO),
    2. Iranian officials named in the annual report as being persons the Minister believes to be responsible for terrorist activity, support of terrorism, incitement to hatred, or serious human rights violations, and
    3. other entities named in the annual report, including those that the Minister believes have been owned or controlled by EIKO or the Islamic Revolutionary Guard Corps (IRGC) or the officers of which have been acting on behalf of EIKO or the IRGC during the five preceding years;
  3. providing that Canada’s current sanctions regime against Iran cannot be eased unless two consecutive annual reports conclude that there is no credible evidence of terrorist activity or incitement to hatred emanating from Iran and that there has been significant progress in Iran in respect of human rights; and
  4. requiring the Minister of Public Safety and Emergency Preparedness to consider whether to recommend that the IRGC be named a listed entity (terrorist group) under the Criminal Code.

The enactment also provides for the freezing of assets of permanent residents and foreign nationals who are listed in the annual report as having been responsible for terrorist-related activities, incitement to hatred, or serious human rights violations, and amends the Immigration and Refugee Protection Act to render such persons whose actions would, if committed in Canada, have constituted an indictable offence, as well as persons who have served in the IRGC or the Basij-e Mostazafan, inadmissible under that Act.

Foreign Affairs and International Trade Committee Report Presented without Amendment in Senate April 4, 2017

S-224, Canada Prompt Payment Act

This enactment enacts the Canada Prompt Payment Act to provide for timely payment to contractors under construction contracts with government institutions, and to subcontractors under related subcontracts.

Third Reading in Senate May 4, 2017

S-225, An Act to amend the Controlled Drugs and Substances Act (substances used in the production of fentanyl)

This enactment amends Part 1 of Schedule VI to the Controlled Drugs and Substances Act to add certain substances used in the production of fentanyl, so that they will be regulated as Class A precursors.

Third Reading in Senate June 16, 2016

S-226, Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

This enactment enacts the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights. It also proposes related amendments to the Special Economic Measures Act and to the Immigration and Refugee Protection Act.

Second Reading in House of Commons and Referral to Foreign Affairs and International Development Committee June 13, 2017

S-228, Child Health Protection Act

This enactment amends the Food and Drugs Act to prohibit food and beverage marketing directed at persons under 13 years of age.

Second Reading in Senate and Referral to Social Affairs, Science and Technology Committee December 5, 2016

S-229, Underground Infrastructure Safety Enhancement Act

This enactment creates a federal underground infrastructure notification system that requires, among other things,

  1. operators of underground infrastructure that is federally regulated or that is located on federal land to register that underground infrastructure with a notification centre and provide information on it;
  2. persons planning to undertake a ground disturbance to make a locate request to the relevant notification centres; and
  3. operators of registered underground infrastructure, as a result of the locate request, to mark the location of the underground infrastructure on the ground, provide in writing any other accurate and clear description of the location of the underground infrastructure or indicate that the ground disturbance is not likely to cause damage to the underground infrastructure.

Finally, the enactment also provides a mechanism by which reserves and some other lands subject to the Indian Act can become subject to this notification system, after consultation with the council of any band in question.

Third Reading in Senate May 2, 2017

S-230, Drug-Impaired Driving Detection Act

This enactment amends the Criminal Code to authorize the use of an approved screening device to detect the presence of drugs in the body of a person who was operating a vehicle or who had the care or control of a vehicle. It also authorizes the taking of samples of bodily substances to determine the concentration of drugs in a person’s body, based on physical coordination tests and the result of the analysis conducted using an approved screening device.

First Reading in House of Commons February 9, 2017

(CBA Criminal Justice Section)

S-231, Journalistic Sources Protection Act

This enactment amends the Canada Evidence Act to protect the confidentiality of journalistic sources. It allows journalists to not disclose information or a document that identifies or is likely to identify a journalistic source unless the information or document cannot be obtained by any other reasonable means and the public interest in the administration of justice outweighs the public interest in preserving the confidentiality of the journalistic source.

The enactment also amends the¬†Criminal Code¬†so that only a judge of a superior court of criminal jurisdiction or a judge within the meaning of section¬†552¬†of that Act may issue a search warrant relating to a journalist. It also provides that a search warrant can be issued only if the judge is satisfied that there is no other way by which the desired information can reasonably be obtained and that the public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in the collection and dissemination of information. The judge must also be satisfied that these same conditions apply before an officer can examine, reproduce or make copies of a document obtained under a search warrant relating to a journalist.

Public Safety and National Security Committee Reporting the Bill with Amendments in the House of Commons June 20, 2017

S-232, Canadian Jewish Heritage Month Act

This enactment designates the month of May in each and every year as “Canadian Jewish Heritage Month”.

First Reading in House of Commons May 29, 2017

S-234, An Act to amend the Parliament of Canada Act (Parliamentary Artist Laureate)

This enactment creates the position of Parliamentary Artist Laureate. It also corrects a reference to the Canada Council for the Arts in the English version of the Parliament of Canada Act.

Second Reading in Senate June 8, 2017

S-235, An Act to amend the Prohibiting Cluster Munitions Act (investments)

This enactment creates a new prohibition against investing in an entity that has breached a prohibition relating to cluster munitions, explosive submunitions and explosive bomblets.

Second Reading in Senate June 13, 2017

S-236, Recognition of Charlottetown as the Birthplace of Confederation Act

An Act to recognize Charlottetown as the birthplace of Confederation

Third Reading in the Senate June 21, 2017

C-210, An Act to amend the National Anthem Act (gender)

This enactment amends the¬†National Anthem Act¬†to substitute the words “of us” for the words “thy sons” in the English version of the national anthem, thus making it gender neutral.

Social Affairs, Science and Technology Committee Report on Bill without Amendment in Senate December 15, 2016

C-211, Federal Framework on Post-Traumatic Stress Disorder Act

This enactment requires the Minister of Health to convene a conference with the Minister of National Defence, the Minister of Veterans Affairs, provincial and territorial government representatives responsible for health and representatives of the medical community and patients’ groups for the purpose of developing a comprehensive federal framework to address the challenges of recognizing the symptoms and providing timely diagnosis and treatment of post-traumatic stress disorder.

First Reading in Senate June 19, 2017

C-240, An Act to amend the Income Tax Act (tax credit ‚ÄĒ first aid)

This enactment amends the Income Tax Act to provide a non-refundable tax credit to individuals who complete a first aid or other health and safety instructional program or course.

Second Reading in House of Commons and Referral to Finance Committee October 26, 2016

C-243, National Maternity Assistance Program Strategy Act

The purpose of this enactment is to provide for the development and implementation of a national maternity assistance program strategy and to amend the Employment Insurance Act in order to allow a claimant to begin using her maternity benefits 15 weeks before the week in which her confinement is expected if she is unable to perform the duties of her regular or usual employment or of other suitable employment because her current job functions may pose a risk to her health or to that of her unborn child and her employer is unable to modify her job functions or reassign her to another job.

First Reading in Senate June 14, 2017

C-277, Framework on Palliative Care in Canada Act

This enactment provides for the development and implementation of a framework designed to guarantee all Canadians access to high-quality palliative care.

First Reading in Senate May 31, 2017

C-305, An Act to amend the Criminal Code (mischief)

This enactment amends the Criminal Code to add to the offence of mischief relating to religious property the act of mischief in relation to property that is used for educational purposes, for administrative, social, cultural or sports activities or events or as a residence for seniors.

Legal and Constitutional Affairs Committee Report Presented without Amendment in Senate June 21, 2017

C-309, Gender Equality Week Act

This enactment designates the first week in October in each and every year as “Gender Equality Week”.

First Reading in Senate June 22, 2017

C-311, An Act to amend the Holidays Act (Remembrance Day)

This enactment amends the Holidays Act to make Remembrance Day a legal holiday.‚Äć

Concurrence at Report Stage in House of Commons March 21, 2017

C-323, An Act to amend the Income Tax Act (rehabilitation of historic property)

This enactment amends the Income Tax Act to establish a tax credit for expenses related to the rehabilitation of a historic property. It also establishes a tax deduction for the capital cost of property used in the course of such a rehabilitation.

First Reading in Senate June 21, 2017

C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault)

This enactment amends the Judges Act to restrict eligibility for judicial appointment to individuals who have completed comprehensive sexual assault education. It also requires the Canadian Judicial Council to report on continuing education seminars in matters related to sexual assault law. Furthermore, it amends the Criminal Code to require a court to provide written reasons in sexual assault decisions.

First Reading in Senate May 16, 2017
(CBA Criminal Justice Section)

PROPOSED REGULATIONS

Arctic Shipping Safety and Pollution Prevention Regulations

Statutory authority: Arctic Waters Pollution Prevention Act; Canada Shipping Act, 2001
Sponsoring department: Department of Transport
Date of publication: Saturday, July 1, 2017
Comment Period: 75 days (until September 21, 2017)

Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VII ‚ÄĒ Flight Crew Member Hours of Work and Rest Periods)

Statutory authority: Aeronautics Act
Sponsoring department: Department of Transport
Date of publication: Saturday, July 1, 2017
Comment Period: 90 days (until October 1, 2017)

Regulations Amending the Canadian Aviation Regulations (Unmanned Aircraft Systems)

Statutory authority: Aeronautics Act
Sponsoring department: Department of Transport
Date of publication: Saturday, July 15, 2017
Comment Period: 90 days (until October 13, 2017)

Breach of Security Safeguards Regulations

Statutory authority: Personal Information Protection and Electronic Documents Act
Sponsoring department: Department of Industry
Date of publication: Saturday, September 2, 2017
Comment Period: 30 days (until October 2, 2017)

Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules

Statutory authority: Citizenship Act and Immigration and Refugee Protection Act
Sponsoring department: Courts Administration Service
Date of publication: Saturday, September 9, 2017
Comment Period: 60 days (until November 8, 2017)

GOVERNMENT CONSULTATIONS

View complete list of government consultations.

Consultation on Proposed Modification to Bioequivalence Standards for Multiphasic Modified-Release Drug Products (Health Canada)

This Notice serves to inform sponsors of drug submissions pursuant to Division C.08 of the Food and Drug Regulations (i.e., new drug and abbreviated new drug submissions), of proposed modifications to Health Canada's comparative bioavailability requirements when multiphasic plasma concentration profiles have been demonstrated to be integral to the product's therapeutic effect.

The consultation is open for comment until September 25, 2017

Notice - Access to Substances Temporarily Controlled under the CDSA (Health Canada)

You are invited to comment on our proposal to allow access for research to substances that are temporarily controlled under the Controlled Drugs and Substances Act (CDSA). The Minister of Health can place controls on a substance for up to two years if there are reasons to believe it: presents a significant risk to public health or public safety, might present a risk to public health or public safety and is being imported or distributed in Canada for no legitimate purpose. When a substance is under temporary control, it may not be: sold, sent, provided, imported, exported, delivered, produced, packaged or transported. At this time the regulations do not allow access for research purposes to substances under temporary control. We are proposing to make changes to Part J of the Food and Drug Regulations to allow for such access. The purpose of this consultation is to ask for comments on our intention to change Part J of the Food and Drug Regulations. These changes would allow access for research to substances that are under temporary control.

The consultation is open for comment until September 25, 2017

Regulatory Modernization Initiative (Canadian Transportation Agency)

The Agency is seeking to update the regulations it administers and various guidance material and tools to ensure that they keep pace with changes in business models, user expectations and best practices in the regulatory field. Over the coming months, the Agency will be consulting on how to advance these key goals:

  • Ensuring that industry’s obligations are clear, predictable, and relevant to a range of existing and emerging business practices.
  • Ensuring that the demands associated with compliance are only as high as necessary to achieve the regulations’ purposes.
  • Facilitating the efficient and effective identification and correction of instances of non-compliance.
  • The Agency plans to complete consultations and draft modernized regulations by the end of 2017, and implement the regulations in 2018.

The submission deadline for Phase 1 ‚Äď Accessible transportation was September 30, 2016. Phase 2- Air transportation is open for comment until September 29, 2017. A subsequent phase on consumer protection for rail transportation will be underway shortly.

 (CBA Air and Space Law Section)

A Consultation on Options for Reform to the Copyright Board of Canada(Innovation, Science and Economic Development Canada)

Several consultations and recent research have identified the need for timely decisions on the use of copyrighted content, particularly in light of the rapid technological advances. A government discussion paper presents 13 possible options for legislative and regulatory reforms.

The consultation is open for comment until September 29, 2017

Consultation on the Draft Guidance Document: Guidance for Manufacturers of Human Immunodeficiency Virus (HIV) Rapid Diagnostic Tests (RDTs) for use at the Point of Care or for Self-Testing (Health Canada)

Consultation on the Draft Guidance Document: Guidance for Manufacturers of Human Immunodeficiency Virus (HIV) Rapid Diagnostic Tests (RDTs) for use at the Point of Care or for Self-Testing This guidance document provides manufacturers of Class IV HIV rapid diagnostic tests intended to be used at the point of care and/or for self-testing (home use) with specific recommendations on: (1) the analytical and clinical data, and (2) device labelling, required to support a medical device licence application.

The consultation is open for comment until September 29, 2017.

Engagement on the future of the Freshwater Fish Marketing Corporation (Fisheries and Oceans Canada)

In August 2016, the province of Manitoba announced their withdrawal from the Freshwater Fish Marketing Act. Their withdrawal will likely take place in late 2017. In preparation for this, we would like to hear from affected stakeholders.

The consultation is open for comment until September 29, 2017.

Consultation: Guidelines on the reporting of grants and contributions awards (Treasury Board of Canada Secretariat)

This consultation seeks feedback on key deliverables that once achieved, will increase the transparency of government funding provided through Grants and Contributions, to worthwhile projects. Potential changes include decreasing the dollar amount for the reporting of Grants and Contributions awards, (currently for over $25,000), increasing and standardizing the information available, and centralizing information on the open.canada.ca portal.

The consultation is open for comment until September 30, 2017.

Consultation on a Technical, Policy and Licensing Framework for Spectrum in the 600 MHz Band (Innovation, Science and Economic Development Canada)

Subsequent to the initial consultation entitled SLPB-005-14, Consultation on Repurposing the 600 MHz Band, released in December 2014, and the resulting policy decisions announced in the document SLPB-004-15, Decision on Repurposing the 600 MHz Band, ISED is now seeking comments on the technical, policy and licensing considerations including auction format, rules and processes, as well as on conditions of licence for spectrum in the 600 MHz band.

The consultation is open for comment until October 2, 2017.

Tax Planning Using Private Corporations (Department of Finance Canada)

As committed in Budget 2017, this paper provides details about tax planning strategies involving the use of private corporations and sets out proposed policy responses to close loopholes and bring greater fairness to the tax system.

The consultation is open for comment until October 2, 2017.

Notice: Prescription Drug List (PDL): Multiple additions (Health Canada)

The purpose of this Notice of Amendment is to notify the additions of Cysteamine (Mercaptamine) and Nusinersen to the Human and Veterinary Prescription Drug Lists (PDL). These additions are effective at the time of posting.

The consultation is open for comment until October 6, 2017.

Let's talk whales (Department of Fisheries and Oceans)

Whales are a key part of the marine food web. The health of their populations is an indicator of the health of our oceans and the other marine life that lives in them. We want to hear from you on how we can work together for healthier oceans.

The consultation is open for comment until October 6, 2017.

New Oversight Framework for Retail Payments (Department of Finance)

Given the rapid pace of innovation in retail payment services, a new oversight framework is needed to ensure that payment services remain reliable and safe, and to help support the payment ecosystem to continue to develop faster, cheaper and more convenient methods of payment.

The consultation is open for comment until October 6, 2017.

Proposed rules for drones in Canada (Transport Canada)

Transport Canada is creating a safe environment where unmanned aircraft systems, more commonly known as drones, can continue to be flown, enjoyed and contribute to innovation while ensuring the success of this industry in Canada. This includes proposing new regulations for drones. Before these new regulations take flight and become law, we encourage Canadians to provide their feedback on Transport Canada's approach to drones.

The consultation is open for comment until October 13, 2017.

2021 Census of Agriculture Content Consultation (Statistics Canada)

Before each census, Statistics Canada initiates an extensive consultation program that allows data users and interested parties across Canada to share their views on how they use census data and the type of information they believe should be available from the census. Statistics Canada ensures that Census of Agriculture information remains relevant for the agriculture sector and organizations that use it. Therefore, Statistics Canada is seeking ideas for new or modified Census of Agriculture content, as well as data sources that could be used to supplement or replace current content and reduce respondent burden.

The consultation is open for comment until October 13, 2017.

Proposed Revisions to the Canadian Table of Frequency Allocations (2017 edition)(Innovation, Science and Economic Development Canada)

Through this consultation paper, announced in Canada Gazette notice SMSE-005-17, Innovation, Science and Economic Development Canada (ISED) reviews the Canadian Table of Frequency Allocations (the Canadian Table) and makes proposals for its revision, taking into account the results of the 2015 World Radiocommunication Conference (WRC-15) and domestic requirements. The Canadian Table was modified in 2014, to incorporate the results of WRC-12 and to reflect changes to domestic spectrum policies. Subsequent changes have also been made since then to incorporate more recent spectrum policy decisions. In the accompanying Canada Gazette notice, ISED (referred to hereinafter as the Department) invites public comments on these proposals, as well as any input to ensure the completeness of the Canadian Table.

The consultation is open for comment until October 16, 2017.

Consultation on proposals for the regulation of vaping products (Health Canada)

This consultation document contains 10 proposed measures for vaping product regulations under the proposed Tobacco and Vaping Products Act (TVPA). These proposed measures range from specifying which information is to be displayed on labels and which information is to be reported to the department, to imposing further restrictions on permitted advertising and to authorizing statements on relative health risks. All interested organizations and individuals are invited to review the measures being considered, and to provide their feedback by October 27, 2017.

The consultation is open for comment until October 27, 2017.

Consultation on New Requirements for Wireless Device Testing Laboratories

The purpose of this consultation is to seek comments on proposed changes to the conformity assessment process related to wireless equipment subject to certification (Category I equipment). In this document, Innovation, Science and Economic Development Canada (ISED or the Department) is seeking comments related to conformity assessment on proposed: changes to allow accreditation bodies to be recognized by ISED and perform accreditation to testing laboratories located in non-MRA countries; changes to ISO/IEC 17025 scope of accreditation for testing laboratories; and transition period and renewal period for the accreditation of testing laboratories.

The consultation is open for comment until October 30, 2017.

Canada-U.S. Regulatory Cooperation Council Work Planning Consultation (Canada-U.S. Regulatory Cooperation Council)

The Canada-U.S. Regulatory Cooperation Council (RCC) Joint Forward Plan emphasizes stakeholder input and engagement in the development of RCC work plans. The purpose of this consultation is to provide an additional mechanism to seek stakeholder feedback on the prioritization of work plan initiatives currently being pursued between the CFIA and its U.S. regulatory counterparts, and solicit input on potential opportunities in the future.

The consultation is open for comment until October 31, 2017.

Generation Energy (Natural Resources Canada)

The Minister of Natural Resources has launched an ongoing and open dialogue with Canadians to discuss and define Canada's path to an affordable low-carbon energy future.

The consultation is open for comment until October 31, 2017.

Government Proposes Tax Relief for Farmers and Fishers Supplying Cooperatives (Department of Finance Canada)

The Department of Finance Canada announced that it intends to propose amendments to the Income Tax Act to ensure that qualifying farmers and fishers selling to agricultural and fisheries cooperatives are eligible for the small business deduction in respect of income from those sales.

The consultation opened for comment on May 5, 2017 and remains open at present.

Notice of intent with respect to amendments to regulations for managing movements of live fish (Fisheries and Oceans Canada)

The purpose of this notice is to outline Fisheries and Oceans Canada (DFO) intentions to amend section 56 of the Fishery (General) Regulations in order to clarify the scope of aquatic animal diseases regulated by DFO and the Canadian Food Inspection Agency, and reflect implementation of the National Aquatic Animal Health Program and amendments to regulations under the Health of Animals Act.

The consultation is open for comment until November 23, 2017.

Finding solutions: Reserve Lands and Environment Management Program Engagement 2017 (Indigenous and Northern Affairs Canada)

As part of its commitment to support First Nations governance and socio-economic development, INAC is seeking input on how the Reserve Lands and Environment Management Program (RLEMP) can better meet the needs of First Nations wanting to manage their own lands. Continuous program improvement is important to ensure that First Nation communities have the supports they need to manage their reserve lands.

The consultation is open for comment until November 30, 2017.

Participate in the update of the National Occupational Classification! (Employment and Social Development Canada)

Employment and Social Development Canada (ESDC) and Statistics Canada invite users of the National Occupational Classification (NOC), such as industry representatives and experts in the field of employment research, to submit proposals for changes to the NOC. All proposals received will be shared between ESDC and Statistics Canada, which will be working jointly on the update of the NOC.

The consultation is open for comment until November 30, 2017.

2021 Census of Population Content Consultation (Statistics Canada)

In ensuring that the census remains responsive to the most pressing and emerging data needs of the country, Statistics Canada will be conducting public consultations from September to December 2017. Listening to Canadians is an important step in the determination and finalization of content for the 2021 Census, and we encourage ‚Äéyou to consult the 2021 Census of Population Content Consultation webpage for more information on the process and how to participate. Statistics Canada consults with a broad range of stakeholders, conducts rigorous testing, considers the suitability of alternate or existing data sources, as well as maintaining continuity and comparability of data over time and across Canada, as part of the process to develop content options and recommendations.

The consultation is open for comment until December 8, 2017.

Targeted Stakeholder Engagement on potential Implementation Models for a Public Safety Broadband Network in Canada (Public Safety Canada and Innovation, Science and Economic Development Canada)

The Government of Canada is engaging diverse stakeholders and producing evidence-based analysis on implementation models for a potential Public Safety Broadband Network.

The consultation is open for comment until December 20, 2017.

The Regulatory Enrolment Process (REP) Functional Pilot for eCTD Format - Stage III (Health Canada)

In order to gain further experience with the regulatory enrolment process (REP) and to provide an opportunity for additional sponsors to begin using REP, Health Canada is announcing Stage III of the REP Functional Pilot for regulatory activities in electronic common technical document (eCTD) format.

The consultation is open for comment until March 16, 2018.

Sault Ste. Marie Canal National Historic Site (Parks Canada)

Parks Canada manages national parks and historic sites on behalf of all Canadians. For this reason, public input plays an important role in management planning. Parks Canada welcomes thoughts and ideas on the future of Sault Ste. Marie Canal, one of our nation's cultural treasures.

The consultation is open for comment until April 30, 2018.

Torngat Mountains National Park Draft Management Plan (Parks Canada)

The Cooperative Management Board and Parks Canada have prepared a draft management plan for Torngat Mountains National Park and are inviting the public to share their views and opinions on the new plan. The new management plan will guide the Cooperative Management Board and Parks Canada's decisions and actions in protecting, presenting and operating Torngat Mountains National Park over a 10 year period.

The consultation opened for comment on April 3, 2017 and remains open at present.

Safe Drinking Water for First Nations Act: Engagement 2017(Indian and Northern Affairs Canada)

Indigenous and Northern Affairs Canada and Health Canada will work with regional and national First Nation groups to: address their concerns regarding the Safe Drinking Water for First Nations Act; decide on a course of action, with respect to the shared objective of ensuring safe drinking water for the residents of First Nations communities.

The consultation opened for comment on May 29, 2017 and remains open at present.