Chaos in the Commons?

In light of recent events, it doesn’t look like the fall sitting of the House of Commons will be short on chaos when it gets underway on Monday.

Now that NDP leader Jagmeet Singh has ended the confidence and supply agreement with the governing Liberals, Conservative Leader Pierre Poilievre has said that his party will put forward a non-confidence motion “at the earliest possible opportunity” to try and trigger an early federal election.

The NDP’s agreement with the Liberals meant the party, in exchange for movement on shared priorities, would support the federal government on non-confidence votes. Now, Singh says the party will make those decisions on a case-by-case basis and has acknowledged that an early election is “more likely.”

The procedural warfare that has been waging since 2019 will also take on an increased tempo, as the government will no longer be able to count on the NDP to support the kinds of time allocation motions necessary to break through the constant dilatory motions. Committees are likely to be further consumed with filibusters and counter-filibusters, which now last weeks at a time, thanks to the current environment where there simply aren’t enough interpretation staff to let meetings last beyond two-hour increments.

With a federal election a year away—or sooner, given the less stable environment Parliament now finds itself in—expect the government to try and get a few big items crossed off the list. That will include focusing their energy on the implementation bill for the coming fall economic statement, and any potential shiny new program they will want to unveil before the election. The government has still not introduced legislation to change the capital gains exemption as advertised in the spring budget, so that should be expected early this fall.

Kristen Pennington, a partner with McMillan’s privacy and data protection group, says her team is keeping a close eye on the progress of Bill C-27, the federal government's promised overhaul of privacy legislation to make it more responsive to the digital era. If passed, it establish a new Personal Information and Data Protection Tribunal.

“I am particularly interested to see whether the hotly debated portion of the bill that would introduce the Artificial Intelligence and Data Act will pass or if the federal government will shelve the regulation of AI systems in favour of pushing forward with much-needed reform of Canada’s federal privacy legislation,” she says.

In its current form, Pennington says the bill will require material changes to the privacy compliance programs of organizations doing business in Canada, backed by steep penalties for non-compliance.

For that reason, she says, “Our clients are also eagerly watching the progress of the bill.”

The Canadian Civil Liberties Association is also monitoring C-27, as well as C-26 (An Act respecting cyber security, amending the Telecommunications Act), C-65 (An Act to amend the Canada Elections Act), and C-20. The latter would create a new Public Complaints and Review Commission for the RCMP and the Canada Border Services Agency.

However, there are concerns that the proposed independent oversight body won't be empowered to carry out its mandate. The CCLA co-signed a letter with several other civil society groups concerned about the lack of consultation in the decision to extend the existing public complaints body for the RCMP to the agency.

“Though we are hopeful, it is clear from the sheer lack of engagement on this issue that the government risks creating the PCRC as a shell of accountability that replicates or even exacerbates existing problems with the CBSA and RCMP,” the letter reads.

Bill C-26 proposes technical changes to the Telecommunications Act focused on enhancing system security against cyber-attacks and implementing components of the Critical Cyber Systems Protection Act. Daniel Konikoff, interim director of the CCLA’s privacy, technology and surveillance program, says it’s important for the government to take steps toward protecting the digital foundations of modern life.

“However, in its current form, Bill C-26 risks undermining our privacy rights, due process, and the principles of accountable governance—all of which are part of the very fabric of our democracy.”

Here is the status of government bills in both chambers:

• Bill S-6 is a technical omnibus bill amending different statutes as part of a regulatory modernization initiative to remove barriers to economic growth and innovation. It has passed the Senate and has been referred to the House industry committee, but has not yet undergone study.
• Bill S-7, as amended by the Senate, amends the Customs Act to revise the legal framework governing border officers’ examination of personal digital devices. After sitting on the House order paper for two years, it must now be passed within the next five months following an Ontario Court of Appeal ruling.
• Bill S-11 is a technical bill that harmonizes federal law with Quebec civil law and ensures that each language version of existing legislation takes into account both common and civil law. As of December 2022, it was introduced and passed by the Senate, but has yet to receive any debate in the Commons.
• Bill S-13 amends the Interpretation Act to ensure statutes and regulations are construed as upholding the Section 35 Aboriginal and treaty rights of Indigenous people, repealing non-derogation clauses in other acts. It passed the Senate in December of 2023 and has yet to be debated in the House of Commons.
• Bill S-14 amends the Canada National Parks Act, including expanding several park boundaries. It passed the Senate before the Christmas break in 2023 and has yet to be debated in the House of Commons.
• Bill S-15 would create Criminal Code offences related to keeping elephants and great apes in captivity, barring certain exemptions. The bill has completed committee study in the Senate but has not yet had report stage debate.
• Bill S-16 would implement certain sections of the Nang K̲’uula • Nang K̲’úulaas Recognition Agreement, a 2023 co-developed recognition agreement between the Haida Nation, British Columbia and Canada. It has passed the Senate and completed second reading in the Commons, but has not been referred to a committee for study.
• Bill S-17 is another technical bill to correct “certain anomalies, inconsistencies, out-dated terminology and errors” in a series of statutes and regulations, and is considered “non-controversial and uncomplicated.” It completed third reading in the Senate before the summer break but has not yet been introduced in the House of Commons.
• Bill C-20, after a great deal of delay, has passed the House of Commons and completed second reading debate in the Senate, but it has not been referred to a committee for study.
• Bill C-23 would increase Indigenous participation in the designation and conservation of historical places or sites of national historical significance. The bill has undergone several hours of debate at second reading, most recently in March.
• Bill C-26 has now passed the House of Commons and is awaiting second reading debate in the Senate.
• Bill C-27 passed second reading in the House of Commons in April. It had extensive committee hearings last fall and this past spring, but those hearings haven’t concluded.
• Bill C-33 amends railway safety provisions and modernizes the governance of federally owned and regulated ports. It has concluded committee study and reported back to the House, but not undergone report stage debate.
• Bill C-37 seeks to amend legislation related to the Employment Insurance Board of Appeal ahead of the promised modernization of the EI system. It has yet to be debated.
• Bill C-38 enacts changes to eligibility for Indian status and is part of an effort to suspend a constitutional challenge launched by First Nations families looking to end the inequities and exclusion faced by those "enfranchised" under previous versions of the Indian Act. The bill last saw debate in the March 2023, but has yet to be referred to committee.
• Bill C-40, which seeks to create a Miscarriage of Justice Review Commission, has passed the House of Commons and is awaiting second reading debate in the Senate.
• Bill C-49 makes technical amendments to the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. The changes pertain to regulations governing offshore oil projects and open the door for offshore wind energy and other clean electricity projects. The bill passed the House of Commons, and is undergoing committee study in the Senate.
• Bill C-52 creates a new statutory framework for transparency and accountability in the air transportation sector. It aims to address challenges faced by airlines and airports since reopening after the peak of the pandemic. It had second reading debate in November and made no progress over the spring.
• Bill C-53 would formally recognize Métis governments in Ontario, Saskatchewan, and Alberta. It completed committee study in the Commons, but has drawn objections from the Assembly of First Nations, the Chiefs of Ontario, and some individual Métis settlements.
• Bill C-61, known as the First Nations Clean Water Act, aims to recognize the right of First Nations to self-governance over water on First Nations lands. It will also set minimum standards for water quality and quantity. While the claim is it was ”co-developed" with First Nations by Indigenous Services Minister Patty Hajdu, some groups dispute this. It is currently at committee.
• Bill C-63 is the government’s long-awaited online harms legislation. It differs vastly from a legislative attempt in the previous Parliament and has drawn criticism across the board. It has only had a few hours of debate at second reading.
• Bill C-64 is framework legislation for future national pharmacare programs. As part of the former agreement with the NDP, it intends to initially cover medication and devices for diabetes and contraception. It has passed the House of Commons, completed second reading in the Senate, and is awaiting committee study.
• Bill C-65 would amend the Canada Elections Act to increase accessibility in elections and to move the “fixed” election date back one week to avoid a conflict with Diwali. It also seeks to create new offences related to spreading misinformation that would affect the conduct of an election. The bill has been referred to the procedure and House affairs committee for study, with some parties promising to make amendments.
• Bill C-66 seeks to make changes to the military justice system, including removing sexual offences from military jurisdiction. It has yet to be debated.
• Bill C-71 amends the Citizenship Act to reverse previous changes that resulted in groups of “lost Canadians” left without citizenship as a result. It has yet to be debated.
• Bill C-72 seeks to ensure that any health-related IT is interoperable, and would prevent vendors from blocking data. Its aim is to promote a connected and secure health information system around the country. It has not yet been debated.
• Bill C-73 would Canada’s commitments under the Convention on Biological Diversity. It has been introduced but not debated.