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 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 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-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.

Second Reading in Senate October 23, 2018

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.

First Reading in House of Commons November 15, 2016
(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-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-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.

Second Reading in Senate October 31, 2018

C-48, Oil Tanker Moratorium Act

This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12 500 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 12 500 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 Senate May 9, 2018

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.

Third Reading in Senate October 29, 2018
(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 Senate December 12, 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 35.‍1(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 Senate April 26, 2018

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.

Second Reading in Senate and Referral to Committee October 25, 2018

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.

Second Reading in Senate June 6, 2018
(CBA Privacy and Access Law Section, Ethics Subcommittee, Judicial Issues Subcommittee).

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 83.‍05, 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 83.‍221, 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 83.‍3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;
  4. repeal sections 83.‍28 and 83.‍29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‍31(1) and (1.‍1), 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 810.‍011 in the previous year; and
  6. authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‍2, 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 Senate June 20, 2018
(CBA Criminal Justice Section, Military Law Section, Immigration Law Section, Privacy Law Section)

C-62, An Act to amend the Federal Public Sector Labour Relations Act and other Acts

This enactment amends the Federal Public Sector 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 Federal Public Sector 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.

It 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 Federal Public Sector Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.

Second Reading in Senate October 16, 2018.

C-64, Wrecked, Abandoned or Hazardous Vessels Act

This enactment enacts the Wrecked, Abandoned or Hazardous Vessels Act, which promotes the protection of the public, of the environment, including coastlines and shorelines, and of infrastructure by regulating abandoned or hazardous vessels and wrecks in Canadian waters and, in certain cases, Canada’s exclusive economic zone, and by recognizing the responsibility and liability of owners for their vessels.

The Act, among other things,

  1. implements the Nairobi International Convention on the Removal of Wrecks, 2007;
  2. requires owners of vessels of 300 gross tonnage and above, and unregistered vessels being towed, to maintain wreck removal insurance or other financial security;
  3. prohibits vessel abandonment unless it is authorized under an Act of Parliament or of the legislature of a province or it is due to a maritime emergency;
  4. prohibits the leaving of a dilapidated vessel in the same place for more than 60 days without authorization;
  5. authorizes the Minister of Transport or the Minister of Fisheries and Oceans to order the removal of a dilapidated vessel left on any federal property;
  6. authorizes the Minister of Fisheries and Oceans to take measures to prevent, mitigate or eliminate hazards posed by vessels or wrecks and to hold the owner liable;
  7. authorizes the Minister of Transport to take measures with respect to abandoned or dilapidated vessels and to hold the owner liable;
  8. establishes an administration and enforcement scheme, including administrative monetary penalties; and
  9. authorizes the Governor in Council to make regulations respecting such matters as excluding certain vessels from the application of the Act, setting fees and establishing requirements for salvage operations, the towing of vessels and the dismantlement or destruction of vessels.

The enactment also re-enacts and revises provisions related to the International Convention on Salvage, 1989 and to the receiver of wreck. The enactment strengthens the protection of owners of certain wrecks in cases where the owner is unknown or cannot be located and maintains regulatory powers related to the protection and preservation of wrecks having heritage value.

Finally, it makes related and consequential amendments to other Acts.

Second Reading in Senate October 18, 2018
(CBA Maritime Law Section)

C-65, An 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

Part 1 of this enactment amends the Canada Labour Code to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the work place.

Part 2 amends Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of Part II of the Canada Labour Code to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members.

Part 3 amends a transitional provision in the Budget Implementation Act, 2017, No. 1.

Royal Assent October 25, 2018

C-68, an Act to Amend the Fisheries Act and other Acts in consequence

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

  1. require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of traditional knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act;
  2. add a purpose clause and considerations for decision-making under that Act;
  3. empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes;
  4. provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry;
  5. empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish;
  6. empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity;
  7. empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish;
  8. prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and
  9. update and strengthen enforcement powers, as well as establish an alternative measures agreements regime.

The enactment also makes consequential amendments to other Acts.

First Reading in Senate June 20, 2018
(CBA Environmental, Energy and Resources Law and Aboriginal Law Sections)

C-69, an Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act

  1. names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
  2. provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
  3. prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
  4. establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
  5. authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
  6. establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
  7. provides for public participation and for funding to allow the public to participate in a meaningful manner;
  8. sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
  9. provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
  10. provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
  11. provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
  12. provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
  13. sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.

Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.

The Canadian Energy Regulator Act, among other things,

  1. provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
  2. ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
  3. provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
  4. provides for the regulation of international power lines and certain interprovincial power lines;
  5. provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
  6. provides for the regulation of access to lands;
  7. provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
  8. sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.

Part 2 also repeals the National Energy Board Act.

Part 3 amends the Navigation Protection Act to, among other things,

  1. rename it the Canadian Navigable Waters Act;
  2. provide a comprehensive definition of navigable water;
  3. require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
  4. require that an owner apply for an approval for a major work in any navigable water;
  5. set out the factors that the Minister must consider when deciding whether to issue an approval;
  6. provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
  7. provide the Minister with powers to address obstructions in any navigable water;
  8. amend the criteria and process for adding a reference to a navigable water to the schedule;
  9. require that the Minister establish a registry; and
  10. provide for new measures for the administration and enforcement of the Act.

Part 4 makes consequential amendments to Acts of Parliament and regulations.

First Reading in Senate June 20, 2018
(CBA Environmental, Energy and Resources Law and Aboriginal Law Sections)

C-71, an Act to amend certain Acts and Regulations in relation to firearms

Part 1 of this Act amends the Firearms Act to, among other things,

  1. remove the reference to the five-year period, set out in subsection 5(2) of that Act, that applies to the mandatory consideration of certain eligibility criteria for holding a licence;
  2. require, when a non-restricted firearm is transferred, that the transferee’s firearms licence be verified by the Registrar of Firearms and that businesses keep certain information related to the transfer; and
  3. remove certain automatic authorizations to transport prohibited and restricted firearms.

Part 1 also amends the Criminal Code to repeal the authority of the Governor in Council to prescribe by regulation that a prohibited or restricted firearm be a non-restricted firearm or that a prohibited firearm be a restricted firearm and, in consequence, the Part

  1. repeals certain provisions of regulations made under the Criminal Code; and
  2. amends the Firearms Act to grandfather certain individuals and firearms, including firearms previously prescribed as restricted or non-restricted firearms in those provisions.

Furthermore, Part 1 amends section 115 of the Criminal Code to clarify that firearms and other things seized and detained by, or surrendered to, a peace officer at the time a prohibition order referred to in that section is made are forfeited to the Crown.

Part 2, 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 Senate September 25, 2018

C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts

This enactment amends the Criminal Code to, among other things,

  1. modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
  2. provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
  3. abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
  4. increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
  5. restrict the availability of a preliminary inquiry to offences punishable by imprisonment for life and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
  6. hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
  7. remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
  8. allow the court to exempt an offender from the requirement to pay a victim surcharge if the offender satisfies the court that the payment would cause the offender undue hardship, provide the court with guidance as to what constitutes undue hardship, 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 those types of offences would be disproportionate in the circumstances, require courts to provide reasons for granting any exception for certain administration of justice offences or any exemption from the requirement to pay a victim surcharge and clarify that the amendments described in this paragraph apply to any offender who is sentenced after the day on which they come into force, regardless of whether or not the offence was committed before that day; and 
  9. remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and 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.

The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,

  1. set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
  2. set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
  3. limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
  4. remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
  5. remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.

Finally, the enactment amends among other Acts 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 and also makes consequential amendments to other Acts.

Committee Reporting Bill with Amendments in House of Commons November 2, 2018
(CBA Criminal Justice Section)

C-76, Elections Modernization Act

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment

  1. adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;
  2. creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and
  3. creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.

The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment

  1. establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
  2. broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;
  3. creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;
  4. amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;
  5. amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;
  6. allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;
  7. removes limitations on public education and information activities conducted by the Chief Electoral Officer;
  8. removes 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
  9. extends voting hours on advance polling days.

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment

  1. removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;
  2. limits election periods to a maximum of 50 days;
  3. removes administrative barriers in order to facilitate the hiring of election officers;
  4. authorizes 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;
  5. removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
  6. replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
  7. removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;
  8. replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;
  9. relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides 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 of 10 years;
  10. provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16,17 and 18 of the Act and certain other provisions of the Act;
  11. provides the Commissioner of Canada Elections with the authority to lay charges;
  12. provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;
  13. clarifies offences relating to
    1. the publishing of false statements,
    2. participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and
    3. impersonation; and
  14. implements a number of measures to harmonize and streamline political financing monitoring and reporting.

The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.

The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.

It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.

Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

First Reading in Senate October 31, 2018

C-77, an Act to amend the National Defence Act and make related and consequential amendments to other Acts

This enactment amends provisions of the National Defence Act governing the military justice system.

It adds a new Division, entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have a right to information, protection, participation and restitution in respect of service offences. It adds or amends several definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim’s behalf for the purposes of that Division.

It amends Part III of that Act to, among other things,

  1. specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at summary hearings;
  2. protect the privacy and security of victims and witnesses in proceedings involving certain sexual offences;
  3. specify factors that a military judge is to take into consideration when determining whether to make an exclusion order;
  4. make testimonial aids more accessible to vulnerable witnesses;
  5. allow witnesses to testify using a pseudonym in appropriate cases;
  6. on application, make publication bans for victims under the age of 18 mandatory;
  7. in certain circumstances, require a military judge to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor;
  8. provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
  9. provide for different ways of presenting victim impact statements;
  10. allow for military impact statements and community impact statements to be considered for all service offences;
  11. provide, as a principle of sentencing, that particular attention should be given to the circumstances of Aboriginal offenders;
  12. provide for the creation, in regulations, of service infractions that can be dealt with by summary hearing;
  13. provide for a scale of sanctions in respect of service infractions and for the principles applicable to those sanctions;
  14. provide for a six-month limitation period in respect of summary hearings; and
  15. provide superior commanders, commanding officers and delegated officers with jurisdiction to conduct a summary hearing in respect of a person charged with having committed a service infraction if the person is at least one rank below the officer conducting the summary hearing.

Finally, the enactment makes related and consequential amendments to certain Acts. Most notably, it amends the Criminal Code to include military justice system participants in the class of persons against whom offences relating to intimidation of a justice system participant can be committed.

Second Reading in House of Commons and Referral to Committee October 15, 2018

C-78, an Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

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

  1. replace terminology related to custody and access with terminology related to parenting;
  2. establish a non-exhaustive list of criteria with respect to the best interests of the child;
  3. create duties for parties and legal advisers to encourage the use of family dispute resolution processes;
  4. introduce measures to assist the courts in addressing family violence;
  5. establish a framework for the relocation of a child; and
  6. simplify certain processes, including those related to family support obligations.

The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things,

  1. allow the release of information to help obtain and vary a support provision;
  2. expand the release of information to other provincial family justice government entities;
  3. permit the garnishment of federal moneys to recover certain expenses related to family law; and
  4. extend the binding period of a garnishee summons.

The enactment also amends those two Acts to implement

  1. the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19,1996; and
  2. the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23,2007.

The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things,

  1. give priority to family support obligations; and
  2. simplify the processes under the Act.

Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.

Second Reading in House of Commons and Referral to Committee October 4, 2018
(CBA Family Law, Children and Youth Law, Constitutional and Human Rights Law, French Speaking Lawyers, and ADR Sections)

C-79, Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act

This enactment implements the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on March 8, 2018.

The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 13 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.

Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement.

Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement.

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

Royal Assent October 25, 2018

C-81, Accessible Canada Act

This enactment enacts the Accessible Canada Act in order to enhance the full and equal participation of all persons, especially persons with disabilities, in society. This is to be achieved through the progressive realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, particularly by the identification, removal and prevention of barriers.

Part 1 of the Act establishes the Minister’s mandate, powers, duties and functions.

Part 2 of the Act establishes the Canadian Accessibility Standards Development Organization and provides for its mandate and structure and its powers, duties and functions.

Part 3 of the Act authorizes the Accessibility Commissioner to provide the Minister with information, advice and written reports in respect of the administration and enforcement of the Act. It also requires the Accessibility Commissioner to submit an annual report on his or her activities under the Act to the Minister for tabling in Parliament.

Part 4 of the Act imposes duties on regulated entities that include the duty to prepare accessibility plans and progress reports in consultation with persons with disabilities, the duty to publish those plans and reports and the duty to establish a feedback process and to publish a description of it.

Part 5 of the Act provides for the Accessibility Commissioner’s inspection and other powers, including the power to make production orders and compliance orders and the power to impose administrative monetary penalties.

Part 6 of the Act provides for a complaints process for, and the awarding of compensation to, individuals that have suffered physical or psychological harm, property damage or economic loss as the result of — or that have otherwise been adversely affected by — the contravention of provisions of the regulations.

Part 7 of the Act provides for the appointment of the Chief Accessibility Officer and sets out that officer’s duties and functions, including the duty to advise the Minister in respect of systemic or emerging accessibility issues.

Part 8 of the Act authorizes the Governor in Council to make regulations, including regulations to establish accessibility standards and to specify the form of accessibility plans and progress reports. It also provides, among other things, for the designation of the week starting on the last Sunday in May as National AccessAbility Week.

Part 9 of the Act provides for the application of certain provisions of the Act to parliamentary entities, without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.

Parts 10 and 11 of the Act make related and consequential amendments to certain Acts.

Second Reading in House of Commons September 26, 2018

C-82, Multilateral Instrument in Respect of Tax Conventions Act

This enactment implements a multilateral instrument in respect of conventions for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

The multilateral instrument is an international treaty developed as part of the G20 and OECD’s project to tackle base erosion and profit shifting (BEPS). The purpose of the multilateral instrument is to modify, in their application, tax conventions between two or more parties to the multilateral instrument so as to further the objectives of the tax convention. The multilateral instrument operates alongside tax conventions to modify them in their application; it does not directly modify the text of the tax conventions. The multilateral instrument will apply to a Canadian bilateral double tax convention only if both parties to the convention notify the depositary that the convention is intended to be covered by the multilateral instrument. The Secretary-General of the OECD is the depositary of the multilateral instrument. The implementation of the multilateral instrument requires the enactment of this Act.

Second Reading in House of Commons and Referral to Committee October 15, 2018

C-83, an Act to amend the Corrections and Conditional Release Act and another Act

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

  1. eliminate the use of administrative segregation and disciplinary segregation;
  2. authorize the Commissioner to designate a penitentiary or an area in a penitentiary as a structured intervention unit for the confinement of inmates who cannot be maintained in the mainstream inmate population for security or other reasons;
  3. provide less invasive alternatives to physical body cavity searches;
  4. affirm that the Correctional Service of Canada has the obligation to support the autonomy and clinical independence of registered health care professionals;
  5. provide that the Correctional Service of Canada has the obligation to provide inmates with access to patient advocacy services;
  6. provide that the Correctional Service of Canada has an obligation to consider systemic and background factors unique to Indigenous offenders in all decision-making; and
  7. improve victims’ access to audio recordings of parole hearings.

This enactment also amends the English version of a provision of the Criminal Records Act.

Second Reading and Referral to Committee in House of Commons October 23, 2018

C-84, An Act to amend the Criminal Code (bestiality and animal fighting)

This enactment amends the Criminal Code to

  1. define “bestiality”;
  2. expand the scope of the offence of encouraging, aiding or assisting at the fighting or baiting of animals or birds so that the offence
    1. includes promoting, arranging, receiving money for or taking part in the fighting or baiting of animals or birds, and
    2. also applies with respect to the training, transporting or breeding of animals or birds for fighting or baiting; and
  3. expand the scope of the offence of building, making, maintaining or keeping a cockpit so that the offence applies with respect to any arena for animal fighting.

Second Reading and Referral to Committee in the House of Commons October 29, 2018

C-85, an Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts

This enactment amends the Canada-Israel Free Trade Agreement Implementation Act in order to implement the Canada – Israel Free Trade Amending Protocol 2018 signed on May 28, 2018.

In order to modernize the text of the Act and by that reflect the amendments brought about by the Protocol, this enactment repeals the preamble to that Act and amends the definition of Agreement, the provision setting out the purpose of the Act and the provisions related to the operation of the institutional and administrative aspects of the Agreement. It also amends that Act in order to confer on the Governor in Council the power to make orders in accordance with the amended Agreement.

Finally, the enactment amends certain Acts to bring them into conformity with Canada’s obligations resulting from the amendments brought about by the Protocol.

First Reading in House of Commons October 23, 2018

C-86, Budget Implementation Act, 2018, No. 2

Part 1 implements certain income tax and related measures by

  1. introducing rules intended to provide greater certainty with respect to various tax consequences arising from certain foreign divisive reorganizations;
  2. ensuring that the existing cross-border anti-surplus stripping rule cannot be circumvented through transactions involving the use of partnerships or trusts;
    introducing rules to prevent misuse of the foreign accrual property income regime through the use of tracking interests involving foreign affiliates;
  3. ensuring consistency between the trading or dealing in indebtedness rules and the investment business rules within the foreign accrual property income regime;
  4. ensuring that the at-risk rules apply appropriately at each level of a tiered partnership structure;
  5. providing that the Minister of Public Safety and Emergency Preparedness can determine international operational missions for the purpose of the deduction available for income earned by members of the Canadian Forces or police officers on such missions;
  6. amending the synthetic equity arrangement rules and securities lending arrangement rules to prevent the artificial generation of losses through the use of equity-based financial instruments;
  7. ensuring that social assistance payments under certain programs do not preclude individuals from receiving the Canada Child Benefit;
  8. ensuring that an individual who is eligible to receive the Canada Workers Benefit can receive the benefit without having to claim it;
  9. introducing a refundable tax credit for the purposes of the climate action incentive;
  10. providing allocation rules for losses applied against Part IV taxes;
  11. preventing the creation of artificial losses on shares held as mark-to-market property by financial institutions;
  12. revising the rules relating to the non-partisan political activities of charities;
  13. ensuring that a taxpayer is subject to a three-year extended reassessment period in respect of any income, loss or other amount arising in connection with a foreign affiliate of the taxpayer;
  14. providing the Canada Revenue Agency with an extended reassessment period of an additional three years, to the extent that the reassessment relates to the adjustment of a loss carryback for transactions involving a taxpayer and non-resident non-arm’s length persons;
  15. extending the reassessment period of a taxpayer by the period of time during which a requirement for information or compliance order is contested;
  16. requiring that information returns in respect of a taxpayer’s foreign affiliates be filed within 10 months after the end of the taxpayer’s taxation year;
  17. enabling the disclosure of taxpayer and other confidential tax information to Canada’s bilateral mutual legal assistance treaty partners for the purposes of non-tax criminal investigations and prosecutions of certain serious crimes; and
  18. providing a deduction for employee contributions to the enhanced portion of the Quebec Pension Plan.

Part 1 also amends the Mutual Legal Assistance in Criminal Matters Act to, among other things, define the term “agreement” as applying, among other things, to tax information exchange agreements and tax treaties to which Canada is a party, and provide for orders to produce financial information for the purposes of investigation and prosecution of certain offences set out in subsection 462.‍48(1.‍1) of the Criminal Code. The enactment also amends paragraph 462.‍48(2)‍(c) of the Criminal Code to provide that information may also be gathered under Part IX of the Excise Tax Act and under the Excise Act, 2001.

Part 2 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by

  1. replacing the requirement that GST/HST be collected on a sale of carbon emission allowances with a requirement that the purchaser self-assess that GST/HST;
  2. extending the assessment period for group registered education savings plan trusts that make a special relieving election in respect of their past HST liability;
  3. introducing GST/HST rules in respect of investment limited partnerships;
  4. clarifying the intended tax policy of excluding books that are sold by a public service body from the GST/HST rebate for printed books;
  5. introducing amendments similar to those to the Income Tax Act to extend the assessment period of a person by the period of time during which a requirement for information or compliance order is contested; and
  6. introducing amendments similar to those to the Income Tax Act to enable the disclosure of confidential information to Canada’s bilateral mutual legal assistance treaty partners, or to Canadian police officers, for the purposes of non-tax criminal investigations and prosecution of certain serious crimes.

Part 3 implements certain excise measures by

  1. broadening the refund regime in respect of excise tax on diesel fuel to allow a vendor to apply for a refund where a purchaser will use excise tax-paid diesel fuel to generate electricity, if certain conditions are met;
  2. introducing an anti-avoidance excise measure relating to the taxation of cannabis in respect of the rules establishing the value of a cannabis product on which an ad valorem duty is calculated;
  3. introducing amendments to the Air Travellers Security Charge Act and the Excise Act, 2001 that are similar to those to the Income Tax Act to extend the assessment period of a person by the period of time during which a requirement for information or compliance order is contested;
  4. introducing amendments to the Excise Act, 2001 that are similar to those to the Income Tax Act to enable the disclosure of confidential information to Canada’s bilateral mutual legal assistance treaty partners, or to Canadian police officers, for the purposes of non-tax criminal investigations and prosecution of certain serious crimes; and
  5. making housekeeping amendments to the Excise Act, 2001 in order to ensure consistency between the English and French version of the legislation.

Part 4 enacts and amends several Acts in order to implement various measures.

Division 1 of Part 4 amends the Customs Tariff in order to simplify it and reduce the administrative burden for Canadian businesses and the Government of Canada by consolidating similar tariff items that have the same tariff rates and removing end-use provisions where appropriate. The amendments also clarify existing tariff provisions and make other technical amendments.

Division 2 of Part 4 amends the Canada Pension Plan to modify the calculation of the amount to be attributed for a year in which a contributor is a family allowance recipient and their first or second additional contributory period begins or ends.
Subdivision A of Division 3 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things,

  1. establish thresholds below which the acquisition of control of certain entities, or the acquisition or increase of a substantial investment in them, does not require the approval of the Superintendent of Financial Institutions;
  2. allow financial institutions to invest in the Canadian business growth fund; and
  3. ensure that customers can provide consent electronically to receive electronic documents.
  4. It also corrects a reference to the Insurance Companies Act in the Budget Implementation Act, 2018, No. 1.

Subdivision B of Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things,

  1. make technical amendments to clarify the method of calculating insured deposits, to remove outdated references, to repeal certain provisions not yet in force and to clarify that withdrawals made following the amalgamation of two or more member institutions or the continuance as a federal credit union will be considered to be made from pre-existing deposits and that the separation of accounts following the amalgamation is limited to a period of two years;
  2. exclude amounts borrowed by the Canada Deposit Insurance Corporation under paragraph 60.‍2(2)‍(c) of the Financial Administration Act from the calculation of the Corporation’s total principal indebtedness; and
  3. clarify that the liquidator of a member institution of the Canada Deposit Insurance Corporation must not apply the law of set-off or compensation to a claim related to insured deposits.

It also repeals two sections of the Financial System Review Act.

Subdivision C of Division 3 of Part 4 amends the Office of the Superintendent of Financial Institutions Act, the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things, clarify that providing legally privileged information to the Superintendent of Financial Institutions does not constitute a waiver of the privilege.

Division 4 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to remove the right of persons to decide not to proceed further with importing or exporting currency or monetary instruments that are required to be reported.

Division 5 of Part 4 amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act to, among other things, allow for the application, within the offshore area, of the provincial greenhouse gas pricing regime and to confer powers and impose duties and functions on the Canada–Newfoundland and Labrador Offshore Petroleum Board for the application of that regime. It also amends the Greenhouse Gas Pollution Pricing Act to provide that the provincial regime does not apply if the offshore area is mentioned in Part 2 of Schedule 1 to that Act. Finally, it amends the Offshore Health and Safety Act to postpone the repeal of certain regulations.

Division 6 of Part 4 amends the Canada Business Corporations Act to set out criteria for identifying individuals with significant control over a corporation.

The Division also sets out a requirement for a corporation that meets certain criteria to keep a register of individuals with significant control and requirements respecting the information to be recorded in it. Finally, the Division includes applicable offences and punishments.

Subdivision A of Division 7 of Part 4 amends the Patent Act in order to

  1. provide a regulation-making authority for the establishment of requirements for written demands relating to patents;
  2. specify that an act committed for the purpose of experimentation relating to the subject matter of a patent is not an infringement of the patent and that licencing commitments that bind the owner of a standard-essential patent or the holder of a certificate of supplementary protection that sets out such a patent bind any subsequent owners or holders;
  3. expand the rights of a person in respect of a claim in a patent who meets the requirements to be considered a prior user;
  4. ensure that patent prosecution histories may be admissible into evidence for certain purposes;
  5. clarify when a late fee must be paid in respect of divisional applications as well as when the confidentiality period begins in the case where a request for priority is deemed never to have been made.

Subdivision B of Division 7 of Part 4 amends the Trade-marks Act to, among other things,

  1. add bad faith as a ground of opposition to the registration of a trade-mark and for the invalidation of a trade-mark registration;
  2. prevent the owner of a registered trade-mark from obtaining relief for acts done contrary to section 19, 20 or 22 of that Act during the first three years after the trade-mark is registered unless the trade-mark was in use in Canada during that period or special circumstances exist that excuse the absence of use;
  3. clarify that the prohibitions in subparagraph 9(1)‍(n)‍(iii) and section 11 of that Act do not apply with respect to a badge, crest, emblem or mark that was the subject of a public notice of adoption and use as an official mark if the entity that made the request for the public notice is not a public authority or no longer exists; and
  4. modernize the conduct of various proceedings before the Registrar of Trade-marks, including by providing the Registrar with additional powers in such proceedings.

It also makes certain housekeeping amendments to provisions of the Trade-marks Act that are enacted by the Economic Action Plan 2014 Act, No. 1 and the Combating Counterfeit Products Act.

Subdivision C of Division 7 of Part 4 amends the Copyright Act in order to specify that certain information is not permitted to be included within a notice under the notice and notice regime and to provide for a regulation-making power to prohibit further types of information from being included within such a notice.

Subdivision D of Division 7 of Part 4 enacts the College of Patent Agents and Trade-mark Agents Act. That Act establishes the College of Patent Agents and Trade-mark Agents, which is to be responsible for the regulation of patent agents and trade-mark agents in the public interest. That Act, among other things,

  1. requires that individuals obtain a licence in order to act as patent agents or trade-mark agents and that licensees comply with a code of professional conduct;
  2. authorizes the College’s Investigations Committee to receive complaints and conduct investigations into whether a licensee has committed professional misconduct or was incompetent;
  3. authorizes the College’s Discipline Committee to impose disciplinary measures if it decides that a licensee has committed professional misconduct or was incompetent; and
  4. creates new offences of claiming to be a patent agent or trade-mark agent and unauthorized representation before the Patent Office or the Office of the Registrar of Trade-marks.

That Subdivision also makes consequential amendments to certain Acts.

Subdivision E of Division 7 of Part 4 amends the Bankruptcy and Insolvency Act to provide that intellectual property users may preserve their usage rights when intellectual property rights are sold or disposed of in an insolvency proceeding or when the agreement relating to such property rights is disclaimed or resiliated in such a proceeding. It also amends the Companies’ Creditors Arrangement Act to provide that intellectual property users may preserve their usage rights when intellectual property rights are sold or disposed of.

Subdivision F of Division 7 of Part 4 amends the Access to Information Act and the Privacy Act to provide that the head of a government institution may refuse to disclose, under either of those Acts, information that is subject to the privilege set out in section 16.‍1 of the Patent Act or section 51.‍13 of the Trade-marks Act. It makes a related amendment to the Pest Control Products Act.

Subdivision G of Division 7 of Part 4 amends the National Research Council Act to clarify that the National Research Council of Canada has the authority to dispose of all forms of intellectual property that it develops, including future rights to such property and to provide the Council with the authority to dispose of real, personal, movable and immovable property, complementing the current provision in the Act that allows it to acquire such property.

Subdivision H of Division 7 of Part 4 amends the Copyright Act in order to modernize the legislative framework relating to the Copyright Board so as to improve the timeliness and clarity of its proceedings and decision-making processes. More specifically, it repeals spent provisions and

  1. codifies the Board’s mandate and establishes decision-making criteria;
  2. establishes new timelines in respect of Board matters, including earlier filing dates for proposed tariffs and longer effective periods for approved tariffs, and empowers the Governor in Council to make additional timelines by regulation;
  3. formalizes case management of Board proceedings;
  4. reduces the number of matters that must be considered by the Board;
  5. streamlines procedural steps across different tariff contexts, maintaining differences between them only where necessary;
  6. amends relevant enforcement provisions, including the availability of statutory damages for certain parties in respect of Board-set royalty rates and enforcement of Board-set terms and conditions; and
  7. modernizes existing language and structure for greater clarity and consistency.

Division 8 of Part 4 amends the Employment Insurance Act to, among other things, increase the maximum number of weeks for which parental benefits may be paid if these benefits are divided between claimants. It also amends the Canada Labour Code to, among other things, increase the aggregate amount of leave that may be taken by employees under sections 206.‍1 and 206.‍2 if that leave is divided between employees.

Division 9 of Part 4 enacts the Canadian Gender Budgeting Act in order to state the Government’s policy of promoting gender equality and inclusiveness by taking gender and diversity into consideration in the budget process. It also establishes related reporting requirements.

Division 10 of Part 4 amends the Bank Act to strengthen provisions that apply to a bank or an authorized foreign bank in relation to the protection of customers and the public. It implements enhancements in the areas of corporate governance, responsible business conduct, disclosure and transparency, and redress. It also amends the Financial Consumer Agency of Canada Act to strengthen the mandate of the Financial Consumer Agency of Canada and grant additional powers to that Agency.

Division 11 of Part 4 amends the First Nations Land Management Act to give effect to amendments to the Framework Agreement on First Nation Land Management respecting, among other things, procedures for obtaining community approval of a land code, the lands to which a land code may apply, the addition of lands to First Nation land by order of the Minister and the transfer of capital moneys.

Division 12 of Part 4 amends the First Nations Fiscal Management Act to, among other things,

  1. enable more Aboriginal organizations and First Nations to benefit from the provisions of the Act in order to strengthen their financial management systems and give them access to long-term financing;
  2. address certain administrative issues identified by the bodies established under the Act; and
  3. provide another option for First Nations to access moneys held by Her Majesty for their use and benefit.

Division 13 of Part 4 amends the Export and Import Permits Act to give the Minister of Foreign Affairs the authority to issue an import allocation for goods that are included on the Import Control List under subsection 5(6) of that Act.

Division 14 of Part 4 enacts the Pay Equity Act to establish a proactive process for the achievement of pay equity by the redressing of the systemic gender-based discrimination experienced by employees who occupy positions in predominantly female job classes. The new Act requires federal public and private sector employers that have 10 or more employees to establish and maintain a pay equity plan within set time frames so as to identify and correct differences in compensation between predominantly female and predominantly male job classes for which the work performed is of equal value. The new Act provides for the powers, duties and functions of a Pay Equity Commissioner, which include facilitating the resolution of disputes, conducting compliance audits and investigating disputes, objections and complaints, as well as making orders and imposing administrative monetary penalties for violations of that Act. The new Act also requires the Pay Equity Commissioner to report annually to Parliament on the administration and enforcement of the new Act.

Division 14 also amends the Parliamentary Employment and Staff Relations Act to provide for the application of the Pay Equity Act to parliamentary employers with certain adaptations and without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.

It also makes the Minister of Labour responsible for the administration of the Federal Contractors Program for Pay Equity.
Finally, it makes related and consequential amendments to certain Acts and repeals the section of the Budget Implementation Act, 2009 that enacts the Public Sector Equitable Compensation Act.

Subdivision A of Division 15 of Part 4 amends the Canada Labour Code to, among other things,

  1. provide five days of paid leave for victims of family violence, a personal leave of five days with three paid days, an unpaid leave for court or jury duty and a fourth week of annual vacation with pay for employees who have completed at least 10 consecutive years of employment;
  2. eliminate minimum length of service requirements for leaves and general holiday pay and reduce the length of service requirement for three weeks of vacation with pay;
  3. prohibit differences in rate of wages based on the employment status of employees;
  4. address continuity of employment issues when a work, undertaking or business becomes federally regulated or in cases of contract retendering; and
  5. update group and individual termination provisions by increasing the minimum notice of termination.

Subdivision B of Division 15 of Part 4 amends the Canada Labour Code to allow the Minister of Labour to designate a Head of Compliance and Enforcement who will exercise most of the powers and perform most of the duties and functions that are related to the administration and enforcement of Parts II, III and IV of the Code.

Division 16 of Part 4 amends the Wage Earner Protection Program Act to, among other things, increase the maximum amount that may be paid to an individual under the Act, expand the definition of eligible wages, expand the conditions under which a payment may be made under the Act and create additional requirements related to Her Majesty in right of Canada’s right of subrogation in respect of payments made under the Act.

Division 17 of Part 4 amends the Bretton Woods and Related Agreements Act, the European Bank for Reconstruction and Development Agreement Act and the Official Development Assistance Accountability Act to harmonize the periods within which the reports under those Acts must be laid before Parliament in order to better communicate Canada’s international development efforts. It also repeals the definition of “official development assistance” in the Official Development Assistance Accountability Act and confers the power to define this expression by regulation.

Division 17 also enacts the International Financial Assistance Act, which provides the Minister of Foreign Affairs and the Minister for International Development with powers, duties and functions to support the delivery of a sovereign loans program, an international assistance innovation program and a federal international assistance program that promotes the mitigation of or adaptation to climate change through repayable contributions.

Division 18 of Part 4 enacts the Department for Women and Gender Equality Act which, among other things, establishes the Department for Women and Gender Equality to assist the Minister responsible for that department in exercising or performing the Minister’s powers, duties and functions that extend to and include all matters relating to women and gender equality, including the advancement of equality in respect of sex, sexual orientation, or gender identity or expression and the promotion of a greater understanding of the intersection of sex and gender with other identity factors. It also contains transitional provisions. Finally, Division 18 makes consequential amendments to other Acts.

Division 19 of Part 4 enacts the Addition of Lands to Reserves and Reserve Creation Act which authorizes a Minister, designated by the Governor in Council, to set apart lands as reserves for the use and benefit of First Nations. The Division also repeals Part 2 of the Manitoba Claim Settlements Implementation Act and the Claim Settlements (Alberta and Saskatchewan) Implementation Act.

Division 20 of Part 4 amends section 715.‍42 of the Criminal Code to require the publication of any decision not to publish a remediation agreement or order related to that agreement and of any decision related to the review of such a decision, to specify that the court may make the first decision subject to a condition, including one related to the duration of non-publication, and to allow anyone to request a review of that decision.
Division 21 of Part 4 enacts the Poverty Reduction Act, which sets out two targets for poverty reduction in Canada.

Division 22 of Part 4 amends the Canada Shipping Act, 2001 to, among other things,

  1. authorize the Governor in Council to make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities;
  2. authorize the Minister of Transport to
    1. make an interim order to mitigate risks to marine safety or to the marine environment, and
    2. exempt any person or vessel from the application of any provision of that Act or the regulations if doing so would allow the undertaking of research and development that may enhance marine safety or environmental protection;
  3. increase the maximum amount of an administrative penalty that the Governor in Council may fix by regulation;
  4. authorize the Minister of Fisheries and Oceans, pollution response officers and accompanying persons to enter private property in the case of a discharge of oil from a vessel or oil handling facility; and
  5. double the administration monetary penalties for certain violations.

Division 23 of Part 4 amends the Marine Liability Act to modernize the Ship-source Oil Pollution Fund, including, among other things,

  1. removing the Fund’s per-occurrence limit of liability;
  2. in the event that the Fund is depleted, authorizing the temporary transfer to the Fund of funds from the Consolidated Revenue Fund;
  3. modernizing the Fund’s levy so that the Fund is replenished by receivers and exporters of oil;
  4. ensuring that the Fund’s liability for claims for economic losses caused by oil pollution aligns with international conventions;
  5. providing that the Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of preventive measures when the occurrence for which those costs and expenses were incurred has not yet created a grave and imminent threat of causing oil pollution damage;
  6. authorizing the provision of up-front emergency funding out of the Fund to the Minister of Fisheries and Oceans for significant oil pollution incidents;
  7. creating an expedited, simplified process for small claims to the Fund; and
  8. providing for administrative monetary penalties for contraventions of specified or designated provisions under that Act.

First Reading in House of Commons October 29, 2018

S-6, Canada–Madagascar Tax Convention Implementation Act, 2018

This enactment implements the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and a related protocol.

The convention is generally patterned on the Model Tax Convention on Income and on Capital developed by the Organisation for Economic Co-operation and Development (OECD).

The convention has two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Once implemented, it will provide relief from taxation rules set out in, or related to, the Income Tax Act. That implementation requires the enactment of this Act.

First Reading in Senate October 16, 2018

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.

First Reading in House of Commons October 29, 2018

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-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence)

This enactment removes the justification in the Criminal Code available to schoolteachers, parents and persons standing in the place of parents of using force as a means of correction toward a pupil or child under their care.

It provides the Government with up to one year between the dates of royal assent and coming into force, which could be used to educate Canadians and to coordinate with the provinces.

Second Reading in Senate May 31, 2018

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-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.

Third Reading in Senate June 19, 2018

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.

First Reading in House of Commons October 18, 2018

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-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.

Third Reading in House of Commons September 19, 2018

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-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.

First Reading in House of Commons June 20, 2018

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-237, An Act to amend the Criminal Code (criminal interest rate)

This enactment amends the Criminal Code to reduce the criminal rate of interest from sixty per cent to the Bank of Canada’s overnight rate plus twenty per cent on credit advanced for certain purposes, which would include personal, family and household purposes. It maintains the criminal rate at sixty per cent on credit advanced for business or commercial purposes. However, business or commercial agreements under which the credit advanced equals or exceeds one million dollars are exempt from the offence of charging a criminal rate of interest.

Committee Report Adopted in Senate April 19, 2018

S-238, Ban on Shark Fin Importation Act

This enactment amends the Fisheries Act to prohibit the practice of shark finning. It also amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to prohibit the importation in Canada of shark fins that are not attached to the shark carcass.

Third Reading in Senate October 23, 2018

S-239, Eliminating Foreign Funding in Elections Act

This enactment amends the Canada Elections Act to broaden the prohibition on inducements of electors by non-residents and to clarify the meaning of “induce”. It also makes it an offence for a third party to accept a foreign contribution for any purposes related to an election and expands the list of foreign contributors in section 358.

Second Reading in Senate June 5, 2018

S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

First Reading in House of Commons October 30, 2018

S-243, Fairness for All Canadian Taxpayers Act (measuring the tax gap to fight international tax evasion)

This enactment amends the Canada Revenue Agency Act to require the Canada Revenue Agency to report on all convictions for tax evasion, including international tax evasion, and on the tax gap in the annual report it submits to the Minister of National Revenue for tabling in Parliament. It also requires the Minister to provide data on the tax gap to the Parliamentary Budget Officer.

Second Reading in Senate June 5, 2018

S-244, Kindness Week Act

This enactment designates the third week of February in each and every year as “Kindness Week”.

Second Reading in the Senate October 23, 2018

S-245, Trans Mountain Pipeline Project Act

This enactment declares the Trans Mountain Pipeline Project and related works to be works for the general advantage of Canada.

Bill Defeated at Second Reading in House of Commons October 24, 2018

S-252, Voluntary Blood Donations Act (An Act to amend the Blood Regulations)

This enactment amends the Blood Regulations to provide that an establishment, other than Canadian Blood Services, must not collect allogeneic blood for remuneration or benefit for the donor unless the blood collected is of a rare phenotype

Second Reading in Senate October 25, 2018

S-1002, Girl Guides of Canada Act

This enactment replaces An Act to Incorporate The Canadian Council of The Girl Guides Association, chapter 77 of the Statutes of Canada, 1917, with a new Act that continues the corporation known as “Girl Guides of Canada” and makes changes relating to its administration.

Second Reading in Senate November 1, 2018

S-1003, An Act to amend The United Church of Canada Act

This enactment amends the statute governing the corporation known as The United Church of Canada, The United Church of Canada Act, by amending a definition and by adding provisions necessary to effect a new governance structure.

Second Reading in Senate November 1, 2018

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.

Second Reading in Senate October 24, 2018

C-262, United Nations Declaration on the Rights of Indigenous Peoples Act

This enactment requires the Government of Canada to take all measures necessary to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples

First Reading in Senate May 31, 2018

C-281, an Act to establish National Local Food Day Act 

This enactment designates the Friday before Thanksgiving Day in each and every year as “National Local Food Day”.

Concurrence at Report Stage in House of Commons October 24, 2018

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

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

Royal Assent March 1, 2018

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.

Second Reading in House of Commons and Referral to Environment and Sustainable Development Committee March 23, 2017

C-326, An Act to amend the Department of Health Act (drinking water guidelines)

This enactment amends the Department of Health Act to require the Minister of Health to conduct a review of drinking water standards in member countries of the Organisation for Economic Co-operation and Development and, if appropriate, to make recommendations for amendments to national guidelines respecting drinking water.

First Reading in Senate October 4, 2018

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.

Second Reading in Senate May 31, 2018
(CBA Criminal Justice Section)

C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit)

This enactment amends the Department of Public Works and Government Services Act to provide the Minister with the authority to require an assessment of the benefits that a community derives from a construction, maintenance or repair project.

First Reading in Senate June 14, 2018

C-354, an Act to amend the Department of Public Works and Government Services Act

This enactment amends the Department of Public Works and Government Services Act to require that, in the awarding of certain contracts, preference be given to projects that promote the use of wood.

First Reading in Senate May 24, 2018

C-369, Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Indigenous Peoples Day)

This enactment amends certain Acts to make National Indigenous Peoples Day a holiday.

Second Reading and Referral to Committee in House of Commons September 26, 2018

C-374, an Act to amend the Historic Sites and Monuments Act

This enactment amends the Historic Sites and Monuments Act to increase the number of members of the Historic Sites and Monuments Board of Canada and to provide for First Nations, Inuit and Métis representation on the Board. It also modifies the en­titlements of Board members.

First Reading in Senate May 8, 2018

C-375, An Act to amend the Criminal Code (presentence report)

This enactment amends the Criminal Code to require that a presentence report contain information on any aspect of the offender’s mental condition that is relevant for sentencing purposes.

Concurrence at Report Stage in House of Commons September 19, 2018

C-376, Sikh Heritage Month Act

This enactment designates the month of April in each and every year as ″Sikh Heritage Month″.

Concurrence at Report Stage in House of Commons October 30, 2018

C-377, an Act to change the name of the electoral district of Chateauguay-Lacolle

This enactment changes the name of the electoral district of Châteauguay—Lacolle to “Châteauguay—Les Jardins-de-Napierville”.

First Reading in Senate May 22, 2018

C-391, Aboriginal Cultural Property Repatriation Act

This enactment provides for the development and implementation of a national strategy to enable the return of Aboriginal cultural property to the Aboriginal peoples of Canada.

Second Reading and Referral to Committee in House of Commons June 6, 2018

C-402, Riding Name Change Act, 2018

This enactment changes the names of 16 electoral districts (in Nova Scotia, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia).

First Reading in Senate May 8, 2018

PROPOSED REGULATIONS

Regulations Amending the Pest Control Products Regulations (Labelling)

Statutory authority: Pest Control Products Act 
Sponsoring department: Department of Health
Date of publication: Saturday, September 29, 2018
Comment Period: 75 days (until December 13, 2018)

Regulations Respecting Fees for the Review of Arrangements Involving Transportation Undertakings Providing Air Services

Statutory authority: Canada Transportation Act
Sponsoring department: Department of Transport
Date of publication: Saturday, October 13, 2018
Comment Period: 30 days (until November 12, 2018)

Additional Canada Pension Plan Sustainability Regulations

Statutory authority: Canada Pension Plan
Sponsoring department: Department of Finance
Date of publication: Saturday, October 20, 2018
Comment Period: 30 days (until November 19, 2018)

Calculation of Contribution Rates Regulations, 2018

Statutory authority: Canada Pension Plan
Sponsoring department: Department of Finance
Date of publication: Saturday, October 20, 2018
Comment Period: 30 days (until November 19, 2018)

Regulations Amending the Family Support Orders and Agreements Garnishment Regulations

Statutory authority: Family Orders and Agreements Enforcement Assistance Act
Sponsoring department: Department of Justice
Date of publication: Saturday, October 27, 2018
Comment Period: 30 days (until November 26, 2018)

Regulations Amending the Assisted Human Reproduction (Section 8 Consent) Regulations

Statutory authority: Assisted Human Reproduction Act 
Sponsoring department: Department of Health
Date of publication: Saturday, October 27, 2018
Comment Period: 75 days (until January 10, 2019)

Regulations on the Administration and Enforcement of the Assisted Human Reproduction Act

Statutory authority: Assisted Human Reproduction Act 
Sponsoring department: Department of Health
Date of publication: Saturday, October 27, 2018
Comment Period: 75 days (until January 10, 2019)

Reimbursement Related to Assisted Human Reproduction Regulations

Statutory authority: Assisted Human Reproduction Act 
Sponsoring department: Department of Health
Date of publication: Saturday, October 27, 2018
Comment Period: 75 days (until January 10, 2019)

Safety of Sperm and Ova Regulations

Statutory authority: Assisted Human Reproduction Act 
Sponsoring department: Department of Health
Date of publication: Saturday, October 27, 2018
Comment Period: 75 days (until January 10, 2019)

GOVERNMENT CONSULTATIONS

View complete list of government consultations.

Administering an expanded Integrity Regime

As it prepares to post a revised Integrity Regime in December, 2018, the Government of Canada is launching a public consultation to seek comments on the application of the proposed draft Policy and any of its requirements. The Integrity Regime helps ensure that the Government of Canada conducts business with ethical suppliers. It also creates an incentive for suppliers to maintain strong ethical standards and effective compliance frameworks.

The consultation is open for comment until November 13, 2018.

Share Your Thoughts: Proposed Amendments to the Secure Air Travel Regulations  (Public safety)

The purpose of this consultation is to obtain your feedback on amendments under consideration to the Secure Air Travel Regulations (SATR) in order to move towards an enhanced Passenger Protect Program (PPP).

The consultation is open for comment until November 25, 2018.

Reducing violent crime: A dialogue on handguns and assault weapons (Public Safety)

Keeping communities safe and reducing violent crime is a priority for the Government of Canada. This is why, in his Mandate letter, the Prime Minister has asked the Honourable Bill Blair, Minister of Border Security and Organized Crime Reduction, to lead an examination of a ban on handguns and assault weapons in Canada, while not impeding the lawful use of firearms by Canadians. The Government of Canada would like to hear your views. This will provide an excellent opportunity to identify gaps, challenges, and ideas to help inform future measures aimed at reducing violent crimes in Canada.

The consultation is open for comment until November 30, 2019.

Consultation on strengthening Canada's approach to substance use issues (Health Canada)

The purpose of this consultation is to ask Canadians for new and innovative ideas on how to further strengthen the federal government's health-focused approach to substance use issues through the Canadian Drugs and Substances Strategy (CDSS).

The consultation is open for comment until December 4, 2018.

Draft Intellectual Property Enforcement Guidelines  (Competition Bureau)

The Competition Bureau has published a draft version of its revised Intellectual Property Enforcement Guidelines (IPEGs) and invites interested parties to provide their comments. The IPEGs clarify the Bureau's approach to conducting investigations of alleged anti-competitive activities that involve intellectual property.

The consultation is open for comment until December 31, 2018.

Consultation on New Health Labelling for Tobacco Products (Health Canada)

The purpose of this consultation is to gather comments on considerations for new requirements for health labelling for tobacco products, including: label design; label size and placement; labels on cigarettes; requirements across all tobacco products; label rotation; and other considerations.

The consultation is open for comment until January 4, 2019.

Comment on a draft national fishery monitoring policy(Fisheries and Oceans Canada)

Fisheries and Oceans Canada is seeking feedback on drafts of a national fishery monitoring policy, and guidance on implementing the national fishery monitoring policy.

The consultation is open for comment until January 25, 2019.