Discussion · Government Orders
Luc Thériault Bloc Québécois
“This bill gives the federal government too much power over health care, which belongs to the provinces. It lets the government force these rules on provinces without lawmakers voting on it again. I want my colleague to agree that this power is dangerous.”
“Madam Speaker, looking over the bill, we can see that it will be implemented by order in council.. Looking at the provision governing such orders, we find the following in clause 7: The Governor in Council may, by order, make any provision of this Act or the regulations applicable in any province or territory if the Governor in Council is satisfied, Already, we see that discretionary power comes into play. after applying the criteria and the process provided for in the regulations, We pass the laws, but regulations never come back before legislators. that the province or territory does not have requirements that are substantially similar to or exceed those established under this Act. A moment ago, the minister said the bill would not apply in the provinces or territories that already have legislation. However, through regulations and orders in council, the bill also allows her to satisfy herself that federal action is nonetheless required. The territories’ and the provinces’ jurisdiction over health, however, is constitutionally established. Does my colleague not see that as a potentially dangerous discretionary power?”
Madam Speaker, looking over the bill, we can see that it will be implemented by order in council.. Looking at the provision governing such orders, we find the following in clause 7: The Governor in Council may, by order, make any provision of this Act or the regulations applicable in any province or territory if the Governor in Council is satisfied, Already, we see that discretionary power comes into play. after applying the criteria and the process provided for in the regulations, We pass the laws, but regulations never come back before legislators. that the province or territory does not have requirements that are substantially similar to or exceed those established under this Act. A moment ago, the minister said the bill would not apply in the provinces or territories that already have legislation. However, through regulations and orders in council, the bill also allows her to satisfy herself that federal action is nonetheless required. The territories’ and the provinces’ jurisdiction over health, however, is constitutionally established. Does my colleague not see that as a potentially dangerous discretionary power?