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.

Concurrence at Report Stage in House of Commons May 9, 2018

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

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

Committee Reporting Bill without Amendments in Senate April 17, 2018

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

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

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

Royal Assent May 1, 2018

Third Reading in Senate March 22, 2018
(CBA Business Law, CCCA, Charities and Not-for-profit Law, and Competition Law Sections and Women Lawyers Forum)

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

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

First Reading in House of Commons October 19, 2016

(CBA Pensions and Benefits Section)

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

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

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

First Reading in House of Commons October 21, 2016.

(CBA Criminal Justice Section)

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

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

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

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

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

This enactment amends the Canada Elections Act to

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

First Reading in House of Commons November 24, 2016

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

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

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

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

First Reading in House of Commons November 28, 2016 

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

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

First Reading in House of Commons February 9, 2017

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

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

First Reading in House of Commons March 8, 2017

C-42, Veterans Well-being Act

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

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

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

Finally, it makes consequential amendments to other Acts.

First Reading in House of Commons March 24, 2017

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

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

First Reading in House of Commons March 24, 2017

C-45, Cannabis Act

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

La loi a pour objectif de restreindre l’accès des jeunes au cannabis, de protĂ©ger la santĂ© et la sĂ©curitĂ© publiques par l’Ă©tablissement d’exigences strictes en ce qui a trait Ă  la sĂ©curitĂ© et Ă  la qualitĂ© des produits et de dĂ©courager les activitĂ©s criminelles par l’imposition d’importantes sanctions pĂ©nales aux personnes agissant en dehors du cadre juridique. Elle vise Ă©galement Ă  allĂ©ger le fardeau du système de justice pĂ©nale relativement au cannabis.

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

The Act

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

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

In addition, it repeals Part XII.‍1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.

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

Finally, it makes consequential amendments to other Acts.

Committee Report Adopted in Senate May 30, 2018
(CBA Criminal Justice, Municipal Law and Health Law Sections)

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

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

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

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

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

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

Committee Report Presented with Amendments in Senate May 31, 2018
(CBA Criminal Justice Section)

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

This enactment amends the Export and Import Permits Act to

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

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

Foreign Affairs and International Development Committee Reporting Bill with Amendments in House of Commons March 20, 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-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts

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

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

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

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

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

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

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

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

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

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

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

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

Royal Assent May 23, 2018
(CBA Competition Law Section and Air and Space Law Sections))

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

This enactment amends the Canada Elections Act to

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

Second Reading in Senate May 3, 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.

Second Reading in Senate May 10, 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.

Concurrence at Report Stage in House of Commons May 31, 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.

First Reading in Senate December 7, 2017.
CBA Privacy and Access Law Section)

C-59, An Act respecting national security matters

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

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

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

Part 4 amends the Canadian Security Intelligence Service Act to

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

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

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

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

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

  1. make certain procedural modifications to the terrorist listing regime under section 83.‍05, 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.

Public Safety and National Security Committee Reporting Bill with Amendments in House of Commons May 3, 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 House of Commons and Referred to Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities February 1, 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.

House of Commons Committee on Transport, Infrastructure and Communities Reporting Bill with Amendments March 2, 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.

First Reading in Senate May 8, 2018

C-66, Expungement of Historically Unjust Convictions Act

This enactment creates a procedure for expunging certain historically unjust convictions and provides for the destruction or removal of the judicial records of those convictions from federal repositories and systems. It gives the Parole Board of Canada jurisdiction to order or refuse to order expungement of a conviction. The enactment deems a person who is convicted of an offence for which expungement is ordered never to have been convicted of that offence. The enactment provides that an application for an expungement order may be made in respect of convictions involving consensual sexual activity between same-sex persons related to the offences of gross indecency, buggery and anal intercourse. The enactment provides that the Governor in Council may add certain offences to the schedule and establish criteria that must be satisfied for expungement of a conviction to be ordered. The enactment also makes related amendments to other Acts.

Third Reading in Senate May 30, 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.

Committee Reporting Bill with Amendments in House of Commons May 30, 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.

Committee on Environment and Sustainable Development Reporting Bill with Amendments in House of Commons May 29, 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.

Second Reading and Referral to Committee in House of Commons March 28, 2018

C-74, Budget Implementation Act

Part 1 implements certain income tax measures proposed or referenced in the February 27,2018 budget by

  1. ensuring appropriate tax treatment of amounts received under the Veterans Well-being Act;
  2. exempting from income amounts received under the Memorial Grant for First Responders;
  3. lowering the small business tax rate and making consequential adjustments to the dividend gross-up factor and dividend tax credit;
  4. reducing the business limit for the small business deduction based on passive income and restricting access to dividend refunds on the payment of eligible dividends;
  5. preventing the avoidance of tax through income sprinkling arrangements;
  6. removing the risk score requirement and increasing the level of income that can be deducted for Canadian armed forces personnel and police officers serving on designated international missions;
  7. introducing the Canada Workers Benefit;
  8. expanding the medical expense tax credit to recognize expenses incurred in respect of an animal specially trained to perform tasks for a patient with a severe mental impairment;
  9. indexing the Canada Child Benefit as of July 2018;
  10. extending, for one year, the mineral exploration tax credit for flow-through share investors;
  11. extending, by five years, the ability of a qualifying family member to be the plan holder of an individual’s Registered Disability Savings Plan;
  12. allowing transfers of property from charities to municipalities to be considered as qualifying expenditures for the purposes of reducing revocation tax;
  13. ensuring that appropriate taxpayers are eligible for the Canada Child Benefit and that information related to the Canada Child Benefit can be shared with provinces and territories for certain purposes; and
  14. extending, by five years, eligibility for Class 43.‍2.

Part 2 implements certain excise measures proposed in the February 27,2018 budget by

  1. advancing the existing inflationary adjustments for excise duty rates on tobacco products to occur on an annual basis rather than every five years; and
  2. increasing excise duty rates on tobacco products to account for inflation since the last inflationary adjustment in 2014 and by an additional $1 per carton of 200 cigarettes, along with corresponding increases to the excise duty rates on other tobacco products.

Part 3 implements a new federal excise duty framework for cannabis products proposed in the February 27,2018 budget by

  1. requiring that cannabis cultivators and manufacturers obtain a cannabis licence from the Canada Revenue Agency;
  2. requiring that all cannabis products that are removed from the premises of a cannabis licensee to be entered into the Canadian market for retail sale be affixed with an excise stamp;
  3. imposing excise duties on cannabis products to be paid by cannabis licensees;
  4. providing for administration and enforcement rules related to the excise duty framework;
  5. providing the Governor in Council with authority to provide for an additional excise duty in respect of provinces and territories that enter into a coordinated cannabis taxation agreement with Canada; and
  6. making related amendments to other legislative texts, including ensuring that any sales of cannabis products that would otherwise be considered as basic groceries are subject to the GST/HST in the same way as sales of other types of cannabis products.

Part 4 amends the Pension Act to authorize the Minister of Veterans Affairs to waive, in certain cases, the requirement for an application for an award under that Act.

It also amends the Veterans Well-being Act to, among other things,

  1. replace the earnings loss benefit, career impact allowance, supplementary retirement benefit and retirement income security benefit with the income replacement benefit;
  2. replace the disability award with pain and suffering compensation; and
  3. create additional pain and suffering compensation.

Finally, it makes consequential amendments to other Acts.

Part 5 enacts the Greenhouse Gas Pollution Pricing Act and makes the Fuel Charge Regulations.

Part 1 of that Act sets out the regime for a charge on fossil fuels. The fuel charge regime provides that a charge applies, at rates set out in Schedule 2 to that Act, to fuels that are produced, delivered or used in a listed province, brought into a listed province from another place in Canada, or imported into Canada at a location in a listed province. The fuel charge regime also provides relief from the fuel charge, through rebate and exemption certificate mechanisms, in certain circumstances. The fuel charge regime also sets out the registration requirements for persons that carry out certain activities relating to fuels subject to the charge. Part 1 of that Act also contains administrative provisions and enforcement provisions, including penalties, offences and collection provisions. Part 1 of that Act also sets out a mechanism for distributing revenues from the fuel charge. Part 1 of that Act also provides the Governor in Council with authority to make regulations for purposes of that Part, including the authority to determine which province, territory or area is a listed province for purpose of that Part.

Part 2 of that Act sets out the regime for pricing industrial greenhouse gas emissions. The industrial emissions pricing regime requires the registration of any facility that is located in a province or area that is set out in Part 2 of Schedule 1 to that Act and that either meets criteria specified by regulation or voluntarily joins the regime. The industrial emissions pricing regime requires compliance reporting with respect to any facility that is covered by the regime and the provision of compensation for any amount of a greenhouse gas that the facility emits above the applicable emissions limit during a compliance period. Part 2 of that Act also sets out an information gathering regime, administrative powers, duties and functions, enforcement tools, offences and related penalties, and a mechanism for distributing revenues from the industrial emissions pricing regime. Part 2 of that Act also provides the Governor in Council with the authority to make regulations for the purposes of that Part and the authority to make orders that amend Part 2 of Schedule 1 by adding, deleting or amending the name of a province or the description of an area.

Part 3 of that Act authorizes the Governor in Council to make regulations that provide for the application of provincial laws concerning greenhouse gas emissions to works, undertakings, lands and waters under federal jurisdiction.

Part 4 of that Act requires the Minister of the Environment to prepare an annual report on the administration of the Act and to cause it to be tabled in each House of Parliament.

Part 6 amends several Acts in order to implement various measures.

Division 1 of Part 6 amends the Financial Administration Act to establish the office of the Chief Information Officer of Canada and to provide that the President of the Treasury Board is responsible for the coordination of that Officer’s activities with those of the other deputy heads of the Treasury Board Secretariat. It also amends the Act to ensure Crown corporations with no borrowing authority are able to continue to enter into leases and to specify that leases are not considered to be transactions to borrow money for the purposes of Crown corporations’ statutory borrowing limits.

Division 2 of Part 6 amends the Canada Deposit Insurance Corporation Act in order to modernize and enhance the Canadian deposit insurance framework to ensure it continues to meet its objectives, including financial stability.

Division 3 of Part 6 amends the Federal-Provincial Fiscal Arrangements Act to renew Fiscal Equalization Payments to the provinces and Territorial Formula Financing Payments to the territories for a five-year period beginning on April 1,2019 and ending on March 31,2024, and to authorize annual transition payments of $1,270,000 to Yukon and $1,744,000 to the Northwest Territories for that period. It also amends the Act to allow Canada Health Transfer deductions to be reimbursed when provinces and territories have taken the steps necessary to eliminate extra-billing and user fees in the delivery of public health care.

Division 4 of Part 6 amends the Bank of Canada Act to ensure that the Bank of Canada may continue to buy and sell securities issued or guaranteed by the government of the United Kingdom if that country ceases to be a member state of the European Union.

Division 5 of Part 6 amends the Currency Act to expand the objectives of the Exchange Fund Account to include providing a source of liquidity for the government of Canada. It also amends that Act to authorize the payment of funds from the Exchange Fund Account into the Consolidated Revenue Fund.

Division 6 of Part 6 amends the Bank of Canada Act to require the Bank of Canada to make adequate arrangements for the removal from circulation in Canada of its bank notes that are worn or mutilated or that are the subject of an order made under paragraph 9(1)‍(b) of the Currency Act. It also amends the Currency Act to provide, among other things, that

  1. bank notes are current if they are issued under the authority of the Bank of Canada Act;
  2. the Governor in Council may, by order, call in certain bank notes; and
  3. bank notes that are called in by order are not current.

Division 7 of Part 6 amends the Payment Clearing and Settlement Act in order to implement a framework for resolution of clearing and settlement systems and clearing houses, and to protect information related to oversight, by the Bank of Canada, of clearing and settlement systems.

Division 8 of Part 6 amends the Canadian International Trade Tribunal Act to, among other things,

  1. create the position of Vice-chairperson of the Canadian International Trade Tribunal;
  2. provide that former permanent members of the Tribunal may be re-appointed to one further term as a permanent member; and
  3. clarify the rules concerning the interim replacement of the Chairperson of the Tribunal and provide for the interim replacement of the Vice-chairperson of the Tribunal.

Division 9 of Part 6 amends the Canadian High Arctic Research Station Act to, among other things, provide that the Canadian High Arctic Research Station is to be considered an agent corporation for the purpose of the transfer of the administration of federal real property and federal immovables under the Federal Real Property and Federal Immovables Act. It also provides that the Order entitled Game Declared in Danger of Becoming Extinct is deemed to have continued in force and to have continued to apply in Nunavut, as of April 1,2014.

Division 10 of Part 6 amends the Canadian Institutes of Health Research Act in order to separate the roles of President of the Canadian Institutes of Health Research and Chairperson of the Governing Council, to merge the responsibility to establish policies and to limit delegation of certain Governing Council powers, duties and functions to its members or committees or to the President.

Division 11 of Part 6 amends the Red Tape Reduction Act to permit an administrative burden imposed by regulations to be offset by the reduction of another administrative burden imposed by another jurisdiction if the reduction is the result of regulatory cooperation agreements.

Division 12 of Part 6 provides for the transfer of certain employees and disclosure of information to the Communications Security Establishment to improve cyber security.

Division 13 of Part 6 amends the Department of Employment and Social Development Act to provide the Minister of Employment and Social Development with legislative authority respecting service delivery to the public and to make related amendments to Parts 4 and 6 of that Act.

Division 14 of Part 6 amends the Employment Insurance Act to modify the treatment of earnings received by claimants while they are in receipt of benefits.

Division 15 of Part 6 amends the Judges Act to authorize the salaries for the following new judges, namely, six judges for the Ontario Superior Court of Justice, one judge for the Saskatchewan Court of Appeal, 39 judges for the unified family courts (as of April 1,2019), one judge for the Federal Court and a new Associate Chief Justice for the Federal Court. This division also makes consequential amendments to the Federal Courts Act.

Division 16 of Part 6 amends certain Acts governing federal financial institutions and related Acts to, among other things,

  1. extend the scope of activities related to financial services in which federal financial institutions may engage, including activities related to financial technology, as well as modernize certain provisions applicable to information processing and information technology activities;
  2. permit life companies, fraternal benefit societies and insurance holding companies to make long-term investments in permitted infrastructure entities to obtain predictable returns under the Insurance Companies Act;
  3. provide prudentially regulated deposit-taking institutions, such as credit unions, with the ability to use generic bank terms under the Bank Act, subject to disclosure requirements, as well as provide the Superintendent of Financial Institutions with additional enforcement tools under the Bank Act and the Office of the Superintendent of Financial Institutions Act, and clarify existing provisions of the Bank Act; and
  4. modify sunset provisions in certain Acts governing federal financial institutions to extend by five years, after the day on which this Act receives royal assent, the period during which those institutions may carry on business.

Division 17 of Part 6 amends the Western Economic Diversification Act to remove the requirement of the Governor in Council’s approval for the Minister of Western Economic Diversification to enter into an agreement with the government of a province, or with a provincial agency, respecting the exercise of the Minister’s powers and the carrying out of the Minister’s duties and functions.

Division 18 of Part 6 amends the Parliament of Canada Act to give each House of Parliament the power to make regulations related to maternity and parental arrangements for its own members.

Division 19 of Part 6 amends the Canada Pension Plan to, among other things,

  1. eliminate age-based restrictions on the survivor’s pension;
  2. fix the amount of the death benefit at $2,500;
  3. provide a benefit to disabled retirement pension beneficiaries under the age of 65;
  4. protect retirement and survivor’s pension amounts under the additional Canada Pension Plan for individuals who are disabled;
  5. protect benefit amounts under the additional Canada Pension Plan for parents with lower earnings during child-rearing years;
  6. maintain portability between the Canada Pension Plan and the Act respecting the Québec Pension Plan; and
  7. authorize the making of regulations to support the sustainability of the additional Canada Pension Plan.

Division 20 of Part 6 amends the Criminal Code to establish a remediation agreement regime. Under this regime, the prosecutor may negotiate a remediation agreement with an organization that is alleged to have committed an offence of an economic character referred to in the schedule to Part XXII.‍1 of that Act and the proceedings related to that offence are stayed if the organization complies with the terms of the agreement.

Committee Reporting Bill with Amendments in House of Commons May 28, 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.

First Reading in House of Commons March 29, 2018

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.

Second Reading and Referral to Committee in the House of Commons May 23 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.

First Reading in the House of Commons May 10, 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.

First Reading in the House of Commons May 22, 2018

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

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

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

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

Royal Assent May 23, 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.

Fisheries and Oceans Committee Report Adopted in  Senate April 26, 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-209, An Act to amend the Official Languages Act (communications with and services to the public)

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

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

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

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

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

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

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

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

Committee Reporting Bill without Amendments in the House of Commons May 10, 2018

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.

Social Affairs, Science and Technology Committee Report Adopted in Senate February 15, 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.

Third Reading in Senate December 15, 2016

S-218, Latin American Heritage Month Act

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

Committee Reporting Bill Without Amendments in House of Commons June 1, 2018

S-219, Non-Nuclear Sanctions Against Iran Act

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

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

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

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

S-224, Canada Prompt Payment Act

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

Third Reading in Senate May 4, 2017

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

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

Third Reading in Senate June 16, 2016

S-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.

Committee Reporting Bill with Amendments in House of Commons May 1, 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.

Third Reading in Senate May 8, 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.

Committee Report Adopted in Senate February 15, 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)

Second Reading in Senate and Referral to Committee in the Senate April 17, 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 May 3, 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.

First Reading in House of Commons May 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”.

Second Reading and Referral to Committee in House of Commons May 30, 2018

C-309, Gender Equality Week Act

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

Second Reading in Senate May 3, 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.

Concurrence at Report Stage in House of Commons May 23, 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.

Concurrence at Report Stage in House of Commons March 28, 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.

Concurrence at Report Stage in House of Commons April 25, 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 MĂ©tis representation on the Board. It also modifies the en­titlements of Board members.

First Reading in Senate May 24, 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-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 Contaminated Fuel Regulations

Statutory authority: Canadian Environmental Protection Act. 1999
Sponsoring departments: Environment, Health
Date of publication: Saturday, March 31, 2018
Comment Period: 75 days (until June 14, 2018)

Regulations Amending the Energy Efficiency Regulations, 2016

Statutory authority: Energy Efficiency Act
Sponsoring departments: Natural Resources
Date of publication: Saturday, March 31, 2018
Comment Period: 75 days (until June 14, 2018)

Military Airworthiness Investigation Regulations

Statutory authority: Aeronautics Act
Sponsoring departments: National Defence and Canadian Armed Forces
Date of publication: Saturday, April 14, 2018
Comment Period: 60 days (until June 14, 2018)

Regulations Amending the Metal Mining Effluent Regulations

Statutory authority: Fisheries Act
Sponsoring department: Department of the Environment
Date of publication: Saturday, May 19, 2018
Comment Period: 30 days (until June 18, 2018)

Indian Oil and Gas Regulations

Statutory authority: Indian Oil and Gas Act
Sponsoring departments: Department of Indigenous Services Canada, Department of Indian Affairs and Northern Development
Date of publication: Saturday, May 19, 2018
Comment Period: 90 days (until August 17, 2018)

Regulations Amending the Immigration and Refugee Protection Regulations

Statutory authority: Immigration and Refugee Protection Act
Sponsoring department: Department of Public Safety and Emergency Preparedness
Date of publication: Saturday, May 19, 2018
Comment Period: 30 days (until June 18, 2018)

Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (National Safety Marks and Importation)

Statutory authority: Motor Vehicle Safety Act
Sponsoring department: Department of Transport
Date of publication: Saturday, May 19, 2018
Comment Period: 75 days (until August 2, 2018

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations (Penalties and Schedules)

Statutory authority: Agriculture and Agri-Food Administrative Monetary Penalties Act
Sponsoring departments: Department of Health
Date of publication: Saturday, June 2, 2018
Comment Period: 75 days (until August 16, 2018)

Regulations Amending the Pest Control Products Regulations (Products not Intended for the Canadian Market)

Statutory authority: Pest Control Products Act
Sponsoring departments: Department of Health
Date of publication: Saturday, June 2, 2018
Comment Period: 75 days (until August 16, 2018)

GOVERNMENT CONSULTATIONS

View complete list of government consultations.

Draft Immunity and Leniency Programs under the Competition Act  (Industry)

The purpose of the Competition Bureau's Immunity and Leniency Programs (Programs) is to uncover and stop criminal anti-competitive activity prohibited by the Competition Act and to deter others from engaging in similar behaviour. The Programs are administered jointly by the Director of Public Prosecutions (DPP) and the Commissioner of Competition (Commissioner). Under the Programs, the Competition Bureau (Bureau), headed by the Commissioner, is responsible for investigating alleged wrongdoing and making recommendations to the Public Prosecution Service of Canada (PPSC) to grant Immunity and Leniency. The PPSC, under the direction of the DPP, is responsible for the decision in accordance with the Public Prosecution Service of Canada Deskbook (PPSC Deskbook) principles as to whether charges should proceed, and the persons to be charged. These responsibilities are discharged by two independent agencies, the Bureau and the PPSC, in mutual recognition of the other's independence.

The consultation is open for comment until June 29, 2018.
(Competition Law)

Market Studies Information Bulletin (Draft for Public Consultation -- May 1, 2018 and June 29, 2018)  (Industry)

The Competition Bureau has issued this Market Studies Information Bulletin (Bulletin) to describe how market studies are used to promote competition, and to provide transparency to stakeholders regarding how the Bureau selects and conducts market studies. The Bulletin also describes how confidential information provided by stakeholders on a voluntary basis is treated and used by the Bureau in its market study work. While recognizing that the Bureau cannot foresee all circumstances that could arise in the course of a market study, this Bulletin is intended to provide certainty and predictability to stakeholders regarding the Bureau’s process in conducting market studies.

The consultation is open for comment until June 29, 2018.
(Competition Law)

Official Languages (Communications with and Services to the Public) Regulations Review  (Treasury Board)

Consultations are taking place in steps: - Direct engagement of minority language communities and other key stakeholders across Canada to begin to develop policy options for consideration by ministers; -survey open to all Canadians on the Canada.ca website; - table a proposed draft of the Regulations in the House of Commons in the fall of 2018 for parliamentary review and for broad public consultation

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

Palliative Care Consultation(Health Canada)

Health Canada has initiated a public consultation to collect input and ideas for the purpose of developing a framework on palliative care.

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

Consultation on a proposed Pathogens of Interest List  (Health Canada)

Antimicrobial resistant (AMR) infections are becoming more frequent and increasingly difficult to treat. As a result, AMR is now recognized as a growing public health threat in Canada and around the world. In order to combat this threat Health Canada proposes to use a Pathogens of Interest List, which would serve two purposes: 1) Inform sponsors of the bacterial pathogens in most urgent need of innovative therapeutic drugs and/or devices in Canada; and 2) Guide the development of new tools and policy approaches by Health Canada. We are invited to review the proposed Pathogens of Interest List and provide written comments.

The consultation is open for comment until July 1, 2018.

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

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

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

Moving Canada toward zero plastic waste (Environment, Health, Industry, Natural resources)

Share your ideas about how Canada can reduce plastic waste and marine litter, and help develop a federal-provincial-territorial approach to keep plastic within the economy and out of landfills and the environment.

The consultation opened for comment on April 22, 2018 and remains open at present.

Occupational Health and Safety (OHS) Regulations (Natural Resources Canada)

Natural Resources Canada is seeking public input to develop regulations to support the occupational health and safety (OHS) regime that came into force on December 31, 2014 with amendments to the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

The consultation opened for comment on September 1, 2017 and remains open at present.

Frontier and Offshore Regulatory Renewal Initiative (FORRI) - Framework Regulations (Natural Resources Canada)

Natural Resources Canada is seeking the public's comments on how to modernize the regulatory framework governing oil and gas activities in Canada's frontier and offshore oil and gas areas.

The consultation opened for comment on September 1, 2017 and remains open at present.

Creating Canada’s 4th Plan on Open Government 2018-20

Open government is about increasing transparency, participation, and collaboration to make government better. Every two years, we work with you to create a plan as part of our membership in the global open government partnership. Starting this fall, the Multi-stakeholder Forum will play a key role in this collaborative process We are now creating our 4th plan to be published in July 2018. This is your opportunity to help make government more open and responsive.

The consultation opened for comment in October 25, 2017 and remains open at present.