Bill S-8

1st Session, 37th Parliament,

49 Elizabeth II, 2001

senate of canada

BILL S-8

An Act to maintain the principles relating to the role of the Senate as established by the Constitution of Canada

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

WHEREAS the Constitution Act, 1867 established Canada as a federal state with a constitution similar in principle to that of the United Kingdom; and

WHEREAS the Constitution Act, 1867 established the Parliament of Canada consisting of the Queen, the Senate and the House of Commons and provided that the powers, privileges and immunities of the Senate and the House of Commons should be as defined by Act of Parliament, but not exceeding those held at the time by the House of Commons of the United Kingdom; and

WHEREAS an essential element of the constitutional settlement was the establishment of a Senate with members appointed to give expression to the federal principle of regional equality in representation; and

WHEREAS the Senate has a role in relation to legislation, its passage and review, that should be equal to that of the House of Commons, except in those cases where the Constitution Act, 1867 makes specific provision for the House of Commons to have a unique role or initiative, such as in financial matters; and

WHEREAS many Acts of Parliament exclude the Senate from that equal role and from the exercise of its proper responsibility, which has tended to reduce its legal authority and thereby undermine the constitutional principle of representation;

WHEREAS Parliament has a duty to ensure that the role of the Senate is not diminished by unequal provisions respecting legislation, contrary to the principles of the Constitution of Canada.

Access to Information Act

1. Subsection 75(2) of the Access to Information Act is replaced by the following:

(2) The committee designated or established by Parliament for the purpose of subsection (1) shall, not later than July 1, 1986, undertake a comprehensive review of the provisions and operation of this Act, and shall within a year after the review is undertaken or within such further time as the House or Houses of Parliament that have members on the committee designated or established pursuant to subsection (1) may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.

Atlantic Fisheries Restructuring Act

2. Subsection 8(2) of the Atlantic Fisheries Restructuring Act is replaced by the following:

(2) In preparing the annual report required by this section, the Minister shall take into account any recommendations made by any committee of the Senate or of the House of Commons established or designated to consider matters related to fisheries.

Auditor General Act

3. (1) The portion of subsection 7(1) of the Auditor General Act before paragraph (a) is replaced by the following:

7. (1) The Auditor General shall report annually to Parliament and may make, in addition to any special report made under subsection 8(1) or 19(2) and the Commissioner’s report under subsection 23(2), not more than three additional reports in any year to Parliament

(2) The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following:

(2) Each report of the Auditor General under subsection (1) shall call attention to anything that he considers to be of significance and of a nature that should be brought to the attention of Parliament, including any cases in which he has observed that

(3) Subsections 7(3) to (5) of the Act are replaced by the following:

(3) Each annual report by the Auditor General to Parliament shall be submitted to the Speakers of the Senate and the House of Commons on or before December 31 in the year to which the report relates and the Speakers shall lay each such report before their respective Houses forthwith after receiving it or, if the House is not then sitting, on any of the first fifteen days on which the House is sitting after the Speaker receives it.

(4) Where the Auditor General proposes to make an additional report under subsection (1), the Auditor General shall send written notice to the Speaker of each House of the subject-matter of the proposed report.

(5) Each additional report of the Auditor General made under subsection (1) shall be submitted to each House on the expiration of thirty days after the notice is sent pursuant to subsection (4) or any longer period that is specified in the notice and the Speakers shall lay each such report before their respective Houses forthwith after receiving it or, if the House is not then sitting, on any of the first fifteen days on which the House is sitting after the Speaker receives it.

(4) Section 8 of the Act is replaced by the following:

8. (1) The Auditor General may make a special report to Parliament on any matter of pressing importance or urgency that, in the opinion of the Auditor General, should not be deferred until the presentation of the next report under subsection 7(1).

(2) Each special report of the Auditor General to Parliament made under subsection (1) or 19(2) shall be submitted to the Speakers of both Houses and shall be laid by each Speaker before their respective Houses after receiving it, or if the House is not then sitting, on the first day next thereafter that the House sits.

(5) Section 18 of the Act is replaced by the following:

18. The Auditor General may designate a senior member of his staff to sign on his behalf any opinion that he is required to give and any report other than his annual report on the financial statements of Canada made pursuant to section 64 of the Financial Administration Act and his reports to Parliament under this Act, and any member so signing an opinion or report shall indicate beneath his signature his position in the office of the Auditor General and the fact that he is signing on behalf of the Auditor General.

(6) Subsection 19(2) of the Act is replaced by the following:

(2) The Auditor General may make a special report to Parliament in the event that amounts provided for his office in the estimates submitted to Parliament are, in his opinion, inadequate to enable him to fulfil the responsibilities of his office.

(7) Section 21 of the Act is replaced by the following:

21. (1) A qualified auditor nominated by the Treasury Board shall examine the receipts and disbursements of the office of the Auditor General and shall report annually the outcome of his examinations to Parliament.

(2) Each report referred to in subsection (1) shall be submitted to the President of the Treasury Board on or before the 31st day of December in the year to which the report relates and the President of the Treasury Board shall cause each such report to be laid before both Houses of Parliament within fifteen days after receipt thereof by him or, if either House is not then sitting, on any of the first fifteen days next thereafter that the House is sitting.

(8) Paragraph 23(1)(a) of the Act is replaced by the following:

(a) the extent to which category I departments have met the objectives, and implemented the plans, set out in their sustainable development strategies laid before Parliament under section 24; and

(9) The portion of subsection 23(2) of the Act before paragraph (a) and paragraph (a) are replaced by the following:

(2) The Commissioner shall, on behalf of the Auditor General, report annually to Parliament concerning anything that the Commissioner considers should be brought to the attention of Parliament in relation to environmental and other aspects of sustainable development, including

(a) the extent to which category I departments have met the objectives, and implemented the plans, set out in their sustainable development strategies laid before Parliament under section 24;

(10) Subsection 23(3) of the Act is replaced by the following:

(3) The report required by subsection (2) shall be submitted to the Speaker of each House of Parliament and shall be laid before the Houses by their respective Speakers on any of the next fifteen days on which the House is sitting after the Speaker receives it.

(11) The portion of subsection 24(1) of the Act before paragraph (a) is replaced by the following:

24. (1) The appropriate Minister for each category I department shall cause the department to prepare a sustainable development strategy for the department and shall cause the strategy to be laid before Parliament

(12) Subsection 24(2) of the Act is replaced by the following:

(2) The appropriate Minister for the category I department shall cause the department’s sustainable development strategy to be updated at least every three years and shall cause each updated strategy to be laid before each House of Parliament on any of the next fifteen days on which the House is sitting after the strategy is updated.

(13) Subsection 24(4) of the Act is replaced by the following:

(4) On the recommendation of the appropriate Minister for a department that becomes a category I department after this subsection comes into force, the Governor in Council may, for the purpose of subsection (1), fix the day before which the sustainable development strategy of the department shall be laid before Parliament.

Canada Pension Plan

4. (1) Subsection 115(2) of the Canada Pension Plan is replaced by the following:

(2) In addition to any report required under this section, and in accordance with a request of the Minister of Finance, the Chief Actuary shall, whenever any Bill is introduced in or presented to the Senate or the House of Commons to amend this Act in a manner that would in the opinion of the Chief Actuary materially affect any of the estimates contained in the most recent report under this section made by the Chief Actuary, prepare, using the same actuarial assumptions and basis as were used in that report, a report setting forth the extent to which such Bill would, if enacted by Parliament, materially affect any of the estimates contained in that report.

(2) Subsection 115(8) of the Act is replaced by the following:

(8) Forthwith on the completion of any report under this section, the Chief Actuary shall transmit the report to the Minister of Finance, who shall cause the report to be laid before each House of Parliament on any of the first five days on which that House is sitting after the Minister receives it, and if at the time any report under this section is received by the Minister of Finance Parliament is then dissolved, the Minister of Finance shall forthwith cause a copy of the report to be published in the Canada Gazette.

Canadian Bill of Rights

5. Subsection 3(1) of the Canadian Bill of Rights is replaced by the following:

3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to Parliament by a Minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to each House of Parliament at the first convenient opportunity.

Canadian Security Intelligence Service Act

6. Subsection 34(1) of the Canadian Security Intelligence Service Act is replaced by the following:

34. (1) There is hereby established a committee, to be known as the Security Intelligence Review Committee, consisting of a Chairman and not less than two and not more than four other members, all of whom shall be appointed by the Governor in Council from among members of the Queen’s Privy Council for Canada who are not members of the Senate or the House of Commons, after consultation by the Prime Minister of Canada with the Leader of the Opposition in the Senate, the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House.

Carriage of Goods by Water Act

7. Subsection 5(2) of the Carriage of Goods by Water Act is replaced by the following:

(2) The Parliamentary committee shall undertake a comprehensive review of the report referred to in subsection (1) and shall report to the Senate and the House of Commons thereon, including a statement on the advisability of enacting the Hamburg Rules.

Citizenship Act

8. Subsection 19.1(1) of the Citizenship Act is replaced by the following:

19.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the Senate, the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 19(4), (5) and (6).

Copyright Act

9. Subsection 92(2) of the Copyright Act is replaced by the following:

(2) The report stands referred to the committee of both Houses of Parliament, that is designated or established for that purpose, which shall

(a) as soon as possible thereafter, review the report and undertake a comprehensive review of the provisions and operation of this Act; and

(b) report to both Houses of Parliament within one year after the laying of the report of the Minister or any further time that both Houses of Parliament may authorize.

An Act to amend the Criminal Code (production of records in sexual offence proceedings)

10. Subsection 3.1(2) of An Act to amend the Criminal Code (production of records in sexual offence proceedings) is replaced by the following:

(2) The committee designated or established by Parliament for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operations of this Act, and shall, within one year after the review is undertaken, or within such further time as both Houses of Parliament may authorize, submit a report to Parliament thereon including such recommendations pertaining to the continuation of those sections and changes required therein as the committee may wish to make.

Department of Justice Act

11. Subsection 4.1(1) of the Department of Justice Act is replaced by the following:

4.1 (1) Subject to subsection (2), the Minister shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the Senate or the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Minister shall cause any such inconsistency to be reported to the Senate and the House of Commons at the first convenient opportunity.

Employment Equity Act

12. Section 44 of the Employment Equity Act is replaced by the following:

44. (1) Five years after the coming into force of this Act, and at the end of every five year period thereafter, a comprehensive review of the provisions and operation of this Act including the effect of those provisions shall be undertaken by such committee of the Senate or the House of Commons or of both Houses as may be designated or established by Parliament for that purpose.

(2) A committee shall, within six months after the completion of a review referred to in subsection (1), submit a report on its review to the House or Houses of Parliament that have members on the committee, including a statement of any changes the committee would recommend.

Employment Insurance Act

13. (1) Subsection 3(4) of the Employment Insurance Act is replaced by the following:

(4) Each report shall be referred to such committee of the Senate or the House of Commons or of both Houses as may be designated or established by Parliament for that purpose.

(2) Subsections 153(3) to (6) of Act are replaced by the following:

(3) The Minister shall cause the regulations to be tabled in the Senate and the House of Commons within three sitting days after the day on which they are made.

(4) The regulations come into force on the 10th sitting day after the day on which they are tabled, or on any later day specified in the regulations, unless a motion to repeal them, signed by not fewer than 30 members of the House in question is filed either with the Speaker of the Senate or the House of Commons, before the 10th sitting day.

(5) If a motion to repeal the regulations is filed in accordance with subsection (4), it shall be taken up and considered by the House in which it was filed within five sitting days after the day on which it is filed.

(6) The motion shall be taken up after the ordinary hour of daily adjournment, for a period of not more than four hours, and at the end of the debate the Speaker of the House in question shall, without delay or further debate or amendment, put every question necessary for the disposition of the motion.

(3) Subsection 153(9) of the Act is replaced by the following:

(9) For the purpose of this section, “sitting day” means a day on which the House in question is sitting.

Farm Income Protection Act

14. Subsection 6(2) of the Farm Income Protection Act is replaced by the following:

(2) An agreement laid before Parliament pursuant to subsection (1) shall be automatically referred to the committee of each House of Parliament designated or established to consider matters related to agriculture.

Financial Administration Act

15. (1) Subsection 30(3) of the Financial Administration Act is replaced by the following:

(3) Every warrant issued under this section shall be published in the Canada Gazette within thirty days after it is issued, and a statement showing all warrants issued under this section and the amounts of those warrants shall be laid by the President of the Treasury Board before both Houses of Parliament within fifteen days after the commencement of the next ensuing session of Parliament.

(2) Subsection 64(1) of the Act is replaced by the following:

64. (1) A report, called the Public Accounts, shall be prepared by the Receiver General for each fiscal year and the President of the Treasury Board shall cause it to be laid before both Houses of Parliament on or before December 31 next following the end of that fiscal year or, if the House is not then sitting, on any of the first fifteen days next thereafter that the House is sitting.

Hazardous Materials Information Review Act

16. Section 57 of the Hazardous Materials Information Review Act is replaced by the following:

57. On the expiration of two years after the coming into force of section 12 of the Hazardous Products Act, as enacted by this Act, that section shall stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose and the committee shall, as soon as practicable thereafter, undertake a comprehensive review of the exemptions provided by that section and shall, within one year after the review is undertaken or within such further time as the Senate and the House of Commons may authorize, submit a report thereon to Parliament including any recommendations pertaining to the continuation of any of those exemptions.

Immigration Act

17. (1) Subsection 39.1(1) of the Immigration Act is replaced by the following:

39.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the Senate and the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 39(5) and (6) to (10).

(2) Subsection 81.1(1) of the Act is replaced by the following:

81.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the Senate and the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 81(4) and (5) to (8).

International Centre for Human Rights and International Development Act

18. Subsection 7(2) of the International Centre for Human Rights and Democratic Development Act is replaced by the following:

(2) All appointments to the Board shall be made after consultation by the Minister with the Leader of the Opposition in the Senate, the Leader of the Opposition in the Commons and the leader of every other recognized party in the House of Commons.

International Development (Financial Institutions) Assistance Act

19. (1) Sections 5 to 8 of the International Development (Financial Institutions) Assistance Act are replaced by the following:

5. (1) An order of the Governor in Council under section 4 shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is made.

(2) An order referred to in subsection (1) shall come into force on the twentieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless, before that time,

(a) a motion to the effect that the order be confirmed, signed by a minister of the Crown, is filed with the Speaker of the Senate or the Speaker of the House of Commons; or

(b) if no motion has been filed under paragraph (a), a motion to the effect that the order be revoked, signed by not less than thirty members of the Senate or the House of Commons is filed with the Speaker of the House in question.

(3) Where a motion is filed as provided in subsection (2), the House in which it is filed shall, not later than the sixth day on which it sits following the filing of the motion, take up and consider the motion.

(4) A motion taken up and considered in accordance with subsection (3) shall be debated without interruption for not more than three hours and, on the conclusion of such debate or at the expiration of the third such hour, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

6. If a motion described in paragraph 5(2)(a) is taken up and considered in accordance with subsection 5(3) but is not adopted, the particular order to which the motion relates shall stand revoked.

7. If a motion described in paragraph 5(2)(b) is adopted, the particular order to which the motion relates shall stand revoked.

8. (1) If a motion described in paragraph 5(2)(a) is adopted, a message shall be sent from the House by which it was adopted to the other House informing the other House that the message has been so adopted and requesting that the motion be concurred in by the other House.

(2) Where a request for concurrence in a motion is made pursuant to subsection (1), the other House shall, not later than the fifth sitting day on which it sits following the receipt of the request, take up and consider the motion.

(3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of such debate or at the expiration of the third such hour, the Speaker shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in.

(4) If a motion taken up and considered in accordance with subsection (2) is concurred in, the particular order to which the motion relates comes into force immediately on the concurrence therein.

(5) If a motion taken up and considered in accordance with subsection (2) is not concurred in, the particular order to which the motion relates shall stand revoked.

(2) Section 9 of the Act is repealed.

Lobbyists Registration Act

20. Subsection 10.2(3) of the Lobbyists Registration Act is replaced by the following:

(3) The Code shall be referred to a committee of the Senate and a committee of the House of Commons before being published under subsection (4).

Migratory Birds Convention Act, 1994

21. Subsection 12(3) of the Migratory Birds Convention Act, 1994 is replaced by the following:

(3) Any amendment tabled in both Houses of Parliament pursuant to subsection (2) shall be debated in the Senate and in the House of Commons within the next twenty days on which the House in question sits after the amendment is tabled.

Ministries and Ministers of State Act

22. Section 6 of the Ministries and Ministers of State Act is replaced by the following:

6. (1) An order in council authorizing the issuance of a proclamation under section 2 or 4 shall not be made until the proposed text of the order in council has been laid before both Houses of Parliament by a member of the Queen’s Privy Council for Canada and the making of the order in council has been approved by a resolution of each House.

(2) Where the proposed text of an order in council has been laid before a House of Parliament pursuant to subsection (1), a motion in the House proposed by a member of the Queen’s Privy Council for Canada in accordance with the rules of the House, praying that the making of the order in council be approved, shall be debated in the House for not more than seven hours, after which time the question shall be decided in accordance with the rules of the House.

National Parks Act

23. Subsections 3(3) to (6) of the National Parks Act are replaced by the following:

(3) A notice of intention to issue a proclamation that is published in the Canada Gazette pursuant to subsection (2) shall stand tabled in both Houses of Parliament and, on being tabled, shall stand referred to the committee of each House that normally considers environmental matters.

(4) On receipt of a notice of intention referred to in subsection (3), the committee shall without delay meet, hear witnesses, consider relevant evidence and then report to the House approving or disapproving of the proposed proclamation.

(5) In each House, on the sitting day next following the presentation of the report referred to in subsection (4), a motion to concur therein standing in the name of the chairman of the committee shall be put and disposed of without debate.

(6) Where either House of Parliament concurs in a report referred to in subsection (4) disapproving of the proposed proclamation or does not concur in a report approving of the proposed proclamation, the Governor in Council shall not issue the proclamation.

Official Languages Act

24. Section 85 of the Official Languages Act is replaced by the following:

85. (1) The President of the Treasury Board, or such other minister of the Crown as may be designated by the Governor in Council, shall, where the Governor in Council proposes to make any regulation under this Act, cause a draft of the proposed regulation to be laid before both Houses of Parliament at least thirty days before a copy of that regulation is published in the Canada Gazette under section 86.

(2) In calculating the thirty day period referred to in subsection (1), there shall not be counted any day on which either House of Parliament is not sitting.

Saguenay-St. Lawrence Marine Park Act

25. Section 7 of the Saguenay-St. Lawrence Marine Park Act is replaced by the following:

7. (1) A notice of intention to make an order to change park boundaries shall be tabled in each House of Parliament and, on being tabled, is referred to the committee of each House that normally considers national parks matters, or to any other committee to which the House refers matters for the purpose of this section, if the intention is to reduce the area of the park, or of any zone of the park, other than a reduction of the area of a Type III or Type IV zone by one square kilometre or less.

(2) The committee shall report to the House whether it approves or disapproves the change and, on or after the next sitting day, a motion to concur in the report shall be put to the House in accordance with its procedures and disposed of without amendment or debate.

(3) The proposed change shall not be made if either House concurs in a report disapproving the proposed order or does not concur in a report approving the order.

Tobacco Act

26. Section 42.1 of the Tobacco Act is replaced by the following:

42.1 (1) The Governor in Council may not make a regulation under section 7, 14, 17, 33 or 42 unless the Minister has first caused the proposed regulation to be laid before both Houses of Parliament.

(2) A proposed regulation that is laid before a House of Parliament is deemed to be automatically referred to the appropriate committee of the House, as determined by the rules of the House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to the House.

(3) The Governor in Council may make a regulation under section 7, 14, 17, 33 or 42 only if

(a) neither House has concurred in any report from a committee respecting the proposed regulation within the thirty sitting days following the day on which the proposed regulation was laid before the House, in which case the regulation may only be made in the form laid; or

(b) both Houses have concurred in a report from a committee approving the proposed regulation or a version of it amended to the same effect, in which case the Governor in Council may only make the regulation in the form concurred in.

(4) For the purpose of this section, “sitting day” means a day on which the House in question sits.

Yukon First Nations Land Claims Settlement Act

27. Subsection 5(2) of the Yukon First Nations Land Claims Settlement Act is replaced by the following:

(2) An order approving a final agreement or transboundary agreement shall be laid before both Houses of Parliament on any of the first thirty days on which the House in question is sitting after the order is made.