The Liberal Senate Forum

Connect

facebook Ideas Forum youtube flickr

Meet Senator

Paul Massicotte

The Hon. Paul J. Massicotte, B.Comm., C.A. Senator Paul Massicotte was appointed to the Senate on June 26, 2003 by Prime Minister Jean Chrétien. He represents the province of Québec and the Senatorial Division of De Lanaudière.

Statements & Hansard

Second Report of National Security and Defence Committee

More on...

Share

Feedback

Read the comments left on this page or add yours.
Statement made on 01 April 2009 by Senator Tommy Banks (retired)

Hon. Tommy Banks:

This is Senator Tkachuk's bill. I have no doubt that senators will remember my deathless response and brilliant speech in response to Senator Tkachuk's introduction of this bill. Therefore, I can be mercifully brief.

At the risk of being a broken record, senators may be aware that I have an ongoing concern with the outsourcing of parliamentary authority and with the derogation of the responsibilities of these two institutions of Parliament, which we are continually doing under government after government after government. It is not this government, it is not just the previous government and not just the one before that. Regardless of the colour of government, it is convenient to the Crown to escape the scrutiny of Parliament. That is very efficient government.

Honourable senators, parliamentary democracy is not efficient government; but we live in what is supposed to be a parliamentary democracy. Among the things that are supposed to happen is that the Governor-in-Council proposes policies, legislation and undertakings, which Parliament is supposed to examine and from time to time approve and from time to time question.

The motion before honourable senators contains an amendment to the present bill, Bill S-2, which is a series of amendments to the Customs Act, all of which are good, laudable and needed, except the very last bit at the end, which talks about — and this is a phrase common to a number of pieces of legislation — the incorporation by reference as part of the regulations under this bill of material from any source. Not only that, it is the importation of an ambulatory provision.

Let us assume for the sake of this customs bill that one of the things that needs to be incorporated by reference is the mechanical drawings for a Boeing 747. Needless to say, it is impractical to have the drawings for a 747 form a normal, natural, ordinary part of the regulations of any bill. However, the point is that they become part of the regulations. When Boeing decides to change those specs three years hence, those changes become part of the regulation and therefore part of Canadian law. They are not susceptible to study or scrutiny by any aspect of Parliament because of what I find as the offending part of the proposed bill, which states in proposed section 164.1(2):

Material that is incorporated by reference in a regulation is not a statutory instrument for the purposes of the Statutory Instruments Act.

Honourable senators, the Statutory Instruments Act is the act by which, in section 19 of that act, the Joint Committee on Scrutiny of Regulations is empowered to study regulations to ensure they conform to the intent of the bill, that there are not unintended consequences that were not intended by Parliament.

That provision itself, whether intended or otherwise, would mean that those materials incorporated by reference would escape that scrutiny, would not ever be examined by any parliamentarians in any degree. It means that the changes to be made in this material incorporated from whatever source by that source, subsequent to their first inclusion in the regulations, would also become part of the regulations. That raises the possibility, however remote, that a Canadian could be in breach of those regulations and, therefore, of the law, without knowing what the law is.

The amendment has the simple expedient with what I think Senator Tkachuk would agree is the concurrence at the time of the minister who was before us, of simply expunging that paragraph. In other words, it removes the amendment contained in the report of the committee that seeks to amend the bill before us and has the following effect: It eliminates lines 28, 29, and 30 on page 7 of the bill, and renumbers 164.1(1) to 164.1. This is in clause 17 of the bill of amendment. I commend it to the positive consideration of honourable senators because this is a good bill. It does good things. It will now be a better one.

Recent Statements from Liberal Senators

Economic Benefits of Recreational Atlantic Salmon Fishing—Inquiry

17 May, 2012 | By Senator Wilfred Moore | Honourable senators, I am pleased to join in the debate of the inquiry commenced by the Honourable Michael A. Meighen regarding the economic benefits of recreational Atlantic salmon fishing in Canada.

Second reading of Bill S-9, An Act to amend the Criminal Code (Nuclear Terrorism Act)

17 May, 2012 | By Senator Roméo Dallaire | Honourable senators, yes indeed, you are going to have to put up with me for another 45 minutes, but I will try to do as my friends in the U.S. Marines taught me. I will try to power talk my way through this and curtail my time.

RADARSAT Satellite and Communication Projects

17 May, 2012 | By Senator Roméo Dallaire | Has the Prime Minister developed a policy whereby he committed to monitor the Arctic, but now that it is time to allocate funding, he has changed his basic philosophy regarding the desire to move forward on the issue of Arctic sovereignty?

Arctic Research

17 May, 2012 | By Senator Claudette Tardif | Why would the government invest in infrastructure in the Arctic without a plan for keeping these important facilities operational?

National Round Table on the Environment and the Economy

17 May, 2012 | By Senator Elizabeth Hubley | Is this just another example of the government's preference for ideological rather than evidence-based decision making?
« 1 2 3 4 5  ... » 
Recycle

You can retrieve this page at:
http://www.liberalsenate.ca/In-The-Senate/Statement/3866_Second-Report-of-National-Security-and-Defence-Committee.
Please recycle this document.