Senator Yuen Pau Woo

THE SENATE — One Canadian Economy Bill

Consideration of Subject Matter in Committee of the Whole

Hon. Yuen Pau Woo: Minister, thank you for being here. One of the ways this bill supersedes and overrides legislation is in how it deals with the Statutory Instruments Act. One specific override it has is over the ability of Parliament to review regulations through its Scrutiny of Regulations Committee, which I understand I will be back on soon enough and which I had the honour of chairing the last two Parliaments.

I understand the need to perhaps override certain statutes in the interest of speeding up an approval process, but the scrutiny job happens well after a project has been undertaken and well after the bill has been put in place. It’s a way to ensure that regulations are consistent with the law that we pass.

Why was it necessary to take this quite extraordinary step with respect to the Scrutiny of Regulations Committee?

Hon. Dominic LeBlanc, P.C., M.P., Minister responsible for Canada-U.S. Trade, Intergovernmental Affairs and One Canadian Economy: Mr. Chair, through you to Senator Woo, thank you for that question. I have been hanging around Parliament long enough to know — and have colleagues who have served a number of years on the Standing Joint Committee for the Scrutiny of Regulations — that you’re absolutely right. You described it, senator, very well, and for Canadians who might be watching us. I think that is an important parliamentary responsibility that has been exercised over a long period of time by both chambers.

I absolutely subscribe to the work that is often done out of the glare of the public light but which contributes to governments being responsible and the executive branch enacting regulations that, as you described very well, respect the legislation that was adopted by Parliament.

Again, I’m doing this the third time: I said I wouldn’t think of hypothetical examples.

For the fourth time, senator, my goodness. We have lots of time left, and you still don’t have enough questions for my colleague.

Senator, our objective here is to say to proponents of projects — to provinces and territories and to Indigenous proponents — that we’re prepared to act swiftly, responsibly and in a balanced way. I would be happy to work with that committee and others to ensure — to not use the hypothetical example of an extreme outcome — that is done in a responsible way.

Hon. Yuen Pau Woo: Can you think of any other statutory instrument that has been exempt from the review and purview of the Scrutiny of Regulations Committee? Even if you don’t have an answer to that, can you find a way to preserve Parliament’s right to at least look at the regulations after the fact so that we’re not totally in the dark?

Hon. Dominic LeBlanc: Senator, I’m not aware of other examples, but that doesn’t mean there aren’t any. It’s such a technical point of law, but I’d be happy to ask the Privy Council officials here with me to answer that precise question and get you that precise answer.

I don’t know it myself, but it’s a very good question. I’ll get you the answer in terms of whether there are other precedents. I’d be happy to work with your committee to ensure, as you said, that fundamental respect for Parliament is preserved.

Senators, I want to be transparent. The government wants to encourage investors to come forward and encourage provinces and territories to put forward major projects because of the economic and geopolitical urgency of the moment. We want to tell those proponents and their partners — including Indigenous peoples, as my colleague said — that we’re prepared to do this work in a responsible, expeditious way, but I wouldn’t purport to take away that important role of Parliament. Senator, thank you for raising that.