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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000
THE SENATE OF CANADA
BILL S-31
An Act to better assist the Senate to serve Canadians by restoring its rights, opportunities and functions
This enactment provides for the involvement of the Senate to same degree as the House of Commons in certain legislative provisions.
Access to Information Act
Clause 1: Subsection 75(2) reads as follows:
(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 of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.
Atlantic Fisheries Restructuring Act
Clause 2: Subsection 8(2) reads as follows:
(2) In preparing the annual report required by this section, the Minister shall take into account any recommendations made by any committee of the House of Commons established or designated to consider matters related to fisheries.
Auditor General Act
Clause 3: (1) Subsection 7(1) reads as follows:
7. (1) The Auditor General shall report annually to the House of Commons 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 the House of Commons
(a) on the work of his office; and
(b) on whether, in carrying on the work of his office, he received all the information and explanations he required.
(2) The relevant portion of subsection 7(2) reads as follows:
(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 the House of Commons, including any cases in which he has observed that
(3) Subsections 7(3) to (5) read as follows:
(3) Each annual report by the Auditor General to the House of Commons shall be submitted to the Speaker of the House of Commons on or before December 31 in the year to which the report relates and the Speaker of the House of Commons shall lay each such report before the House of Commons forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that 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 the House of Commons of the subject-matter of the proposed report.
(5) Each additional report of the Auditor General to the House of Commons made under subsection (1) shall be submitted to the House of Commons 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 Speaker of the House of Commons shall lay each such report before the House of Commons forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.
(4) Section 8 reads as follows:
8. (1) The Auditor General may make a special report to the House of Commons 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 the House of Commons made under subsection (1) or 19(2) shall be submitted to the Speaker of the House of Commons and shall be laid before the House of Commons by the Speaker of the House of Commons forthwith after receipt thereof by him, or if that House is not then sitting, on the first day next thereafter that the House of Commons is sitting.
(5) Section 18 reads as follows:
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 the House of Commons 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) reads as follows:
(2) The Auditor General may make a special report to the House of Commons 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 reads as follows:
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 the House of Commons.
(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 lay each such report before the House of Commons within fifteen days after receipt thereof by him or, if that House is not then sitting, on any of the first fifteen days next thereafter that the House of Commons is sitting.
(8) Paragraph 23(1)(a) reads as follows:
(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 the House of Commons under section 24; and
(9) The relevant portion of subsection 23(2) reads as follows:
(2) The Commissioner shall, on behalf of the Auditor General, report annually to the House of Commons concerning anything that the Commissioner considers should be brought to the attention of that House 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 that House
under section 24;
(10) Subsection 23(3) reads as follows:
(3) The report required by subsection (2) shall be submitted to the Speaker of the House of Commons and shall be laid before that House by the Speaker on any of the next fifteen days on which that House is sitting after the Speaker receives it.
(11) The relevant portion of subsection 24(1) reads as follows:
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 the House of Commons
(12) Subsection 24(2) reads as follows:
(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 the House of Commons on any of the next fifteen days on which that House is sitting after the strategy is updated.
(13) Subsection 24(4) reads as follows:
(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 the House of Commons.
Canada Pension Plan
Clause 4: (1) Subsection 115(2) reads as follows:
(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 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) reads as follows:
(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 the House of Commons forthwith on its receipt if Parliament is then sitting, or if Parliament is not then sitting, on any of the first five days next thereafter that Parliament is sitting, 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
Clause 5: Subsection 3(1) reads as follows:
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 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 this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
Canadian Security Intelligence Service Act
Clause 6: Subsection 34(1) reads as follows:
34. 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 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
Clause 7: Subsection 5(2) reads as follows:
(2) The Parliamentary committee shall undertake a comprehensive review of the report referred to in subsection (1) and shall report to the House of Commons thereon, including a statement on the advisability of enacting the Hamburg Rules.
Citizenship Act
Clause 8: Subsection 19.1(1) reads as follows:
19.1 (1) After consultation by the Prime Minister of Canada with 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
Clause 9: Subsection 92(2) reads as follows:
(2) The report stands referred to the committee of the House of Commons, or 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 the House of Commons, or to both Houses of Parliament, within one year after the laying of the report of the Minister or any further time that the House of Commons, or both Houses of Parliament, may authorize.
An Act to amend the Criminal Code
(production of records in sexual offence proceedings)
Clause 10: Subsection 3.1(2) reads as follows:
(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 operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons 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
Clause 11: Subection 4.1(1) reads as follows:
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 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 report any such inconsistency to the House of Commons at the first convenient opportunity.
Employment Equity Act
Clause 12: Section 44 reads as follows:
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 House of Commons as may be designated or established by the House 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 of Commons including a statement of any changes the committee would recommend.
Employment Insurance Act
Clause 13: (1) Subsection 3(4) reads as follows:
(4) Each report shall be referred to such committee of the House of Commons as may be designated or established by the House for that purpose.
(2) Subsections 153(3) to (6) read as follows:
(3) The Minister shall table the regulations in 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 of Commons, is filed with the Speaker of the House of Commons before the 10th sitting day.
(5) If a motion to repeal the regulations is filed with the Speaker of the House of Commons in accordance with subsection (4), it shall be taken up and considered by the House of Commons 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 of Commons shall, without delay or further debate or amendment, put every question necessary for the disposition of the motion.
(3) Subsection 153(9) reads as follows:
(9) For the purpose of this section, "sitting day" means a day on which the House of Commons is sitting.
Farm Income Protection Act
Clause 14: Subsection 6(2) reads as follows:
(2) An agreement laid before Parliament pursuant to subsection (1) shall be automatically referred to the Standing Committee of the House of Commons on Agriculture.
Financial Administration Act
Clause 15: (1) Subsection 30(3) reads as follows:
(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 the House of Commons within fifteen days after the commencement of the next ensuing session of Parliament.
(2) Subsection 64(1) reads as follows:
64. (1) A report, called the Public Accounts, shall be prepared by the Receiver General for each fiscal year and shall be laid before the House of Commons by the President of the Treasury Board on or before December 31 next following the end of that fiscal year or, if the House of Commons is not then sitting, on any of the first fifteen days next thereafter that the House of Commons is sitting.
Hazardous Materials Information Review Act
Clause 16: Section 57 reads as follows:
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 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
Clause 17: (1) Subsection 39.1(1) reads as follows:
39.1 (1) After consultation by the Prime Minister of Canada with 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) reads as follows:
81.1 (1) After consultation by the Prime Minister of Canada with 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 Democratic Development Act
Clause 18: Subsection 7(2) reads as follows:
(2) All appointments to the Board shall be made after consultation by the Minister with the Leader of the Opposition and the leader of every other recognized party in the House of Commons.
Lobbyists Registration Act
Clause 19: Subsection 10.2(3) reads as follows:
(3) The Code shall be referred to a committee of the House of Commons before being published under subsection (4).
Migratory Birds Convention Act, 1994
Clause 20: Subsection 12(3) reads as follows:
(3) Any amendment tabled in both Houses of Parliament pursuant to subsection (2) shall be debated in the House of Commons within twenty sitting days after being tabled in both Houses.
Ministries and Ministers of State Act
Clause 21: Section 6 reads as follows:
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 the House of Commons 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 the House of Commons.
(2) Where the proposed text of an order in council has been laid before the House of Commons pursuant to subsection (1), a motion in the House of Commons 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
Clause 22: Subsections 3(3) to (6) read as follows:
(3) A notice of intention to issue a proclamation that is published in the Canada Gazette pursuant to subsection (2) shall stand tabled in the House of Commons and, on being tabled, shall stand referred to the committee of that 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 of Commons approving or disapproving of the proposed proclamation.
(5) Under Routine Proceedings of the House of Commons 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 the House of Commons 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
Clause 23: Section 85 reads as follows:
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, lay a draft of the proposed regulation before the House of Commons 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 the House of Commons does not sit.
Saguenay-St Lawrence Marine Park Act
Clause 24: Section 7 reads as follows:
7. (1) A notice of intention to make an order to change park boundaries shall be tabled in the House of Commons and, on being tabled, is referred to the committee of that 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 of Commons 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 the House of Commons concurs in a report disapproving the proposed order or does not concur in a report approving the order.
Tobacco Act
Clause 25: Section 42.1 reads as follows:
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 laid the proposed regulation before the House of Commons.
(2) A proposed regulation that is laid before the House of Commons 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) the House of Commons has not 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) the House of Commons has concurred in a report from a committee approving the proposed regulation or an amended version of it, 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 of Commons sits.
Yukon First Nations Land Claims Settlement Act
Clause 26: Subsection 5(2) reads as follows:
(2) An order approving a final agreement or transboundary agreement shall be laid before the House of Commons on any of the first thirty days on which that House is sitting after the order is made.