Supplementary Estimates C 2020–21 And Main Estimates 2021–22

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Other Issues

Systemic Inequities in the Criminal Justice System/Indigenous Overrepresentation

• Our government is addressing systemic inequities in our criminal justice system that result in the overrepresentation of Indigenous people at all stages, from first contact with law enforcement all the way through to sentencing.
• I recently introduced Bill C-22, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, which builds on previous legislative reforms, like former Bill C-75, to address the overrepresentation of Indigenous people in the criminal justice system.
• Our government has committed to support the application of Gladue Principles and the integration of Gladue report writing in the justice system, in order to ensure that the background and systemic factors affecting Indigenous people are taken into account at sentencing.
• We have also committed to support Community Justice Centre pilot projects across Canada, to provide more culturally appropriate services to address root causes of crime and break the cycle of offending.
• Finally, we have committed to support implementation of an Impact of Race and Culture Assessment component of the Legal Aid Program. This measure is expected to result in better informed sentencing decisions, based on an understanding of the systemic inequalities faced by many Black Canadians and members of other racialized groups.
• Question: What is the Department of Justice doing to fight racism within the Department?
  • Answer:This is a critical time to take deliberate action to address systemic racism and make the Public Service more inclusive, and this has been reinforced by the Clerk’s Call to Action.
    In our efforts to identify and eliminate all sources of systemic discrimination, the department created an Anti-discrimination Secretariat who will build on the work already underway with our equity advisory committees, unions and employees.
    The Department is also using an anti-racism framework to examine how our policies and programs are developed, implemented and assessed in order to identify and eliminate sources of system racism that impact Canadians.
    Justice Canada also recently established the Justice Ombuds Office to provide employees with a trusted, safe space to talk about issues in the workplace

If pressed, Justice:

• Amended Executive Performance Agreements to include commitments to foster diversity within the department, to combat racism and address systemic barriers.
• will require unconscious bias training for managers
• promoted learning events and opportunities focused on anti-racism
• is supporting anti-racism related policy discussions to review JUS-led policies, programs and related processes, practices and resources.
• began working with our federal partners to address gaps in disaggregated national level data

Background:

Systemic racism and overrepresentation of Black, Indigenous and marginalized populations in the criminal justice system (CJS) have been prominent topics of discussion in recent months, with a number of calls for reform and legislative proposals being made to address these issues. For instance, the final report of the Truth and Reconciliation Commission called for the elimination of Indigenous overrepresentation in correctional institutions over the next decade (CTA 30). Similarly, the National Inquiry into Missing and Murdered Indigenous Women and Girls called for the government to evaluate the impact of mandatory minimum penalties of imprisonment (MMPs) on the over-incarceration of Indigenous women, girls, and 2SLGBTQQIA people and to take appropriate action to address their over-incarceration (CFJ 5.14). Finally, in June 2020, the Parliamentary Black Caucus issued a statement that included a number of reform proposals, including “reform (of) the justice and public safety systems to weed out anti-Black racism, systemic bias, and make the administration of justice and public security more reflective of and sensitive to the diversity of our country”.

The 2020 Speech from the Throne committed the Government to introducing legislative reforms and making investments at all stages of CJS in order to address systemic inequities. This commitment is an acknowledgment that much work remains to be done, and will expand on the Government’s continued efforts to address the overrepresentation of Indigenous, Black and marginalized populations in the CJS. In January 2021, the Prime Minister released a Supplementary Mandate Letter directing you to enact legislation and make investments on a priority basis that take action to address systemic inequities in the criminal justice system, including to promote the enhanced use of pre- and post-charge diversion and to better enable courts to impose sentences appropriate to the circumstances of individual cases.

On February 18, 2021, you introduced Bill C-22 (An Act to amend the Criminal Code and the Controlled Drugs and Substances Act). The bill proposes to repeal MMPs for all drug offences, one tobacco-related offence, and 13 firearm-related offences. It will also allow for a greater use of conditional sentences, and encourage diversion for simple drug possession offences. The sentencing measures targeted in Bill C-22 have contributed to the over-incarceration of Indigenous people, Black Canadians and marginalized people in the Canadian criminal justice system.

The Fall Economic Statement (FES) proposes a number of important investments to address systemic racism in the CJS, including:

• $49.3M over 5 years to support the application of Gladue Principles and integration of Gladue report writing in the justice system;
• $6.6 million over five years, and $1.6 million of ongoing funding, to support the implementation of IRCAs, which allow sentencing judges to consider the disadvantages and systemic racism that contributed to racialized Canadians’ interactions with the criminal justice system; and,
• $28.6 million over five years would support Community Justice Centre pilot projects in British Columbia, Manitoba and Ontario as well as consultations to expand the Community Justice Centre concept to other provinces and territories.

Government of Canada Commitment to Further Address Senior Neglect

• The COVID-19 pandemic has shone a spotlight on longstanding and systemic issues on the care of seniors in long-term care (or LTC) facilities and this should rightly concern all Canadians.
• While addressing these issues falls primarily to the provinces and territories, we will take any action we can to support seniors, while working alongside our PT partners.
• There are steps we can take, including by working with Parliament on Criminal Code amendments to explicitly penalize those who neglect seniors under their care, and that is what we are committed to doing.
• Question: Why is the federal government getting involved in LTC when it is a provincial/territorial responsibility?
  • Answer: We recognize that LTC falls primarily to the PTs. Together with my colleagues, the Minister of Health and Minister of Seniors, we will work with PTs and within our own areas of responsibility to improve the care of seniors in LTC, including through the development of national standards.
• Question: What criminal law measures are being contemplated?
  • Answer: We are still in the early stages, but we are looking at all options ranging from the creation of new offences to enhancing sentencing responses, all with the goal of better protecting seniors in LTC.

Background:

Provincial and Territorial Jurisdiction

The provinces and territories (PTs) have important areas of jurisdiction over the regulation of long-term care (LTC), and applicable laws include standards that aim to prevent neglect and abuse of those who reside in LTC. Under some provincial laws, it is mandatory for care facilities to report abuse to a supervisor, including in Alberta, Manitoba, Newfoundland and Labrador, Nova Scotia, and Ontario.

Existing Criminal Code Provisions that Address Senior Neglect

The Criminal Code contains offences of general application that prohibit and punish failing to provide necessaries of life, as well as negligence that causes bodily harm or death, which can apply in the specific context of neglect of seniors, including in LTC facilities. Neglect often manifests in the form of omissions to provide necessary care; criminal liability for omissions must be founded on a breach of a legal duty to act that applies to the specific person charged. Some criminal offences define the applicable legal duties while others base liability on the breach of legal duties that exist under other laws, including the common law or provincial laws.

You were mandated to strengthen existing responses to senior neglect; work by your officials is underway to support this initiative.

Justice Canada Initiatives

The Federal Victims Strategy (FVS) is a horizontal initiative led by Justice Canada, which has the objective to give victims a more effective voice in the criminal justice system. The Victims Fund, through the FVS, is available to PTs and non-governmental organizations to support projects that address the needs of victims and survivors of crime in the criminal justice system. The Victims Fund can support projects that meet the needs of senior victims.

The Justice Canada component of the federal Family Violence Initiative (FVI) provides project funding to support the development of models, strategies, and tools to improve the criminal justice system’s response to family violence, including senior abuse and neglect. The Justice FVI also addresses senior abuse by providing resources for the public, such as Elder Abuse is Wrong, a booklet for seniors who may be suffering from abuse by someone they know, such as an intimate partner, spouse, family member, or caregiver.

Online harms

Context: The Standing Committee may ask about initiatives you are taking to combat online hate and harassment.

• I am aware that this Committee is concerned about the issue of online hate and has made recommendations for action to be taken by the federal government.
• The Government of Canada is firmly committed to combating online harms. In today’s increasingly digital world, our goal is to promote a safer online environment in which all Canadians can enjoy the benefits of the internet and can express themselves without being subjected to hateful or threatening attacks.
• In his Mandate Letter to me in December 2019, the Prime Minister directed me to develop options for legal remedies for victims of hate speech. In his Supplementary Mandate Letter to me in January of this year, the Prime Minister directed me to work with Minister of Canadian Heritage and the Minister of Public Safety and Emergency Preparedness to take action on combating online hate and harassment.
• I am working closely with my Department and with my colleagues to implement these mandate commitments.
• Question: When will you introduce legislation to combat online hate?
  • Answer: I am working with my colleagues to create strong measures against online hate and responsibilities for social media platforms. We have taken the necessary time to carry out consultations, to examine different approaches in other countries, and to devise options that will work best for Canada. I am working with Ministers Guilbeault and Blair on this important issue. I am confident we will be able to share more with the Canadian public soon on our proposals.
• Question: Will the legislation re-enact section 13 of the Canadian Human Rights Act?
  • Answer: The mandates given to me and my colleagues would require a broader approach than a simple re-enactment of section 13 of the Canadian Human Rights Act. We have heard from many individuals, organizations, and experts that section 13 should be part of any comprehensive strategy to combat online hate, which we are carefully considering.

Background:

Online harms, including online hate speech and harassment, are a significant problem globally and within Canada and there is increasing public attention to this issue. In the 2020 Speech from the Throne, the Government of Canada pledged to take action to combat online harms in the context of making commitments to address systemic racism.

In June 2019, the Standing Committee on Justice and Human Rights (Standing Committee) produced a report on the issue of online hate that included recommendations on steps the federal government should take to address this issue. In his Mandate Letter to you in December 2019, the Prime Minister directed you to develop options for legal remedies for victims of hate speech. At the same time, the Prime Minister in his December 2019 Mandate Letter to the Minister of Canadian Heritage directed that new regulations be created for social media platforms in order to address hate speech and other online harms on these platforms.

Last year, your Parliamentary Secretary undertook consultations with numerous individuals and groups regarding potential legal remedies for victims of hate speech. During these consultations, a variety of options were considered including the reintroduction of a civil remedy for hate speech in the Canadian Human Rights Act (CHRA) and possibilities for strengthening the hate propaganda offence provisions in the Criminal Code. Many of the options considered during these consultations had formed part of the recommendations made by the Standing Committee in its 2019 report.

In his Supplementary Mandate Letter to you in January 2021, the Prime Minister directed you to work with the Minister of Canadian Heritage and the Minister of Public Safety and Emergency Preparedness to take action on combatting hate groups and online hate and harassment, ideologically motivated violent extremism and terrorist organizations.

Indigenous Justice Strategy

Context: The new mandate commitment to develop an Indigenous Justice Strategy is generating growing interest as part of the Government of Canada’s approach to address systemic racism and the overrepresentation of Indigenous people in the justice system. It is anticipated that you may be asked:

• What is the Department of Justice’s vision regarding this new mandate commitment?
• What progress has been made so far?

• On January 15, 2021, my supplementary mandate letter from the Prime Minister asked me to develop, in collaboration with provinces, territories, and Indigenous partners, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system.
• I will be supported in this work by the Minister of Crown-Indigenous Relations, the Minister of Indigenous Services, the Minister of Northern Affairs and the Minister of Public Safety and Emergency Preparedness.
• Justice officials are presently working with other government departments, toward the development of a plan to engage with Indigenous partners, as well as Provinces and Territories on the Indigenous Justice Strategy.
• The Indigenous Justice Strategy should be co-developed through a distinctions-based engagement process that recognizes the diverse needs of Indigenous peoples and communities, including First Nations, Inuit and Métis, and 2SLGBTQQIA+ peoples.
• Question: What has your department done so far to advance the Indigenous Justice Strategy?
  • Answer: Since receiving my new mandate letter commitment from the Prime Minister on January 15, my officials, together with officials from Public Safety Canada, met with BC government senior officials and the BC First Nations Indigenous Justice Council in January 2021 where the BC First Nations Justice Strategy was presented. While the BC model provides valuable lessons learned, Justice officials are presently working with other key government departments who share responsibilities on Indigenous justice to develop a proposed federal approach to engage in a good way with Indigenous partners, as well as provinces and territories towards the development of a joint vision for an Indigenous Justice Strategy.
    This important work will build on the recent legislation I tabled in the House to reduce overrepresentation in the criminal justice system, as well as the new investments of $49.3 million for Justice Canada to strengthen the implementation of Gladue Principles across the criminal justice system; $28.6 million over five years for pilot Community Justice Centres (in BC, MB and On); and support for the negotiation of Administration of Justice Agreements with Indigenous communities to strengthen community-based justice systems and support self-determination.

Background:

The Government of Canada is committed to a renewed nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, co-operation, and partnership. Fulfilling this promise requires a whole-of-government approach to transforming the relationship with Indigenous peoples based on recognition and implementation of their rights, while also seeking to promote reconciliation and address the ongoing legacy of Canada’s colonial history

The federal government is committed to Indigenous justice reforms. This is apparent from the recent Speech from the Throne and Supplementary Mandate Letter received on January 15, 2021. The mandate commits the Minister to develop, in consultation and cooperation with provinces, territories, and Indigenous partners, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. The Minister will be supported in this work by the Minister of Crown-Indigenous Relations, the Minister of Indigenous Services Canada, the Minister of Northern Affairs and the Minister of Public Safety and Emergency Preparedness.

This commitment builds on prior commitments to implement the Calls to Action of the Truth and Reconciliation Commission of Canada and to develop a National Action Plan on the Calls for Justice of the Inquiry into Missing and Murdered Indigenous Women and Girls. As called for by these bodies, the Government is also committed to aligning its laws and policies with the United Nations Declaration on the Rights of Indigenous Peoples, which includes provisions relevant to justice on self-determination, self-government, equality and non-discrimination (with special attention to the rights and needs of Indigenous elders, women, children and persons with disabilities as well as the need to ensure that Indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination) and participation in decision-making in matters affecting Indigenous peoples.

With many initiatives already underway or planned to address systemic discrimination and the overrepresentation of Indigenous people in the criminal justice system, as well as supporting Indigenous peoples in taking on a greater role in the administration of justice in their communities, a coordinated whole-of-government approach, as well as effective engagement with Indigenous partners and provinces and territories, is required to meet these objectives.

Currently, the following initiatives are underway in the Department of Justice Canada that could align with the Indigenous Justice Strategy:

• Justice tabled Bill C-22 in February 2021 with proposed amendments to the Criminal Code and to the Controlled Drugs and Substances Act. The objective of this Bill is to ensure that responses to criminal conduct are fairer and more effective, while ensuring that public safety is maintained. These proposed amendments are an important step in addressing systemic issues related to existing sentencing policies;
• Increasing the diversity of the federally appointed bench (across all under-represented groups, including Indigenous Canadians) remains a priority;
• Negotiation of new Administration of Justice Agreements will help improve access to justice and support the revitalization of Indigenous legal traditions and Indigenous justice systems (CTA-50), both of which are in line with the objectives of the Indigenous Justice Strategy;
• December 2020, Justice tabled Bill C-15, United Nations Declaration on the Rights of Indigenous Peoples Act. This Bill will enact legislation that will advance full implementation of the Declaration which is a key step in renewing the Government of Canada’s relationship with Indigenous peoples. Engagement with Indigenous partners is going;
• The Federal/Provincial/Territorial (FPT) Aboriginal Justice Working Group have been tasked by the FPT Deputy Ministers Responsible for Justice and Public Safety to develop a Pan-Canadian Strategy to Address the Overrepresentation of Indigenous People in the Criminal Justice System; FPT and Indigenous engagement is ongoing; and

The Indigenous Justice Strategy presents an opportunity to transform the way government develops new policies and laws, in collaboration with Indigenous partners from throughout the process.

Modernizing the Privacy Act

• The Government of Canada is following through on its commitment to review the Privacy Act to ensure it keeps pace with the effects of both technological change and evolving Canadian values.
• The government has broadly engaged with Canadians and stakeholders, including the Privacy Commissioner of Canada, over the last two years, and has just completed a public consultation process.
• The government is carefully considering the input received through these engagement efforts.
• Question: What changes to the Privacy Act is the Government planning to make?
  • Answer: The entire Act is being examined to identify changes that would align with Canadians’ current expectations about how to protect their privacy, while allowing the Government to better serve Canadians and keep them safe. A modernized Act should provide strong, but flexible, rules and principles, backed by meaningful governance and oversight.
• Question: The Privacy Commissioner has made a number of recommendations for reforming Canada’s privacy laws. Will the Government adopt these recommendations?
  • Answer: We welcome the Privacy Commissioner’s views as we look at reforming the Privacy Act, and I have had the opportunity to discuss the reform of the Act with the Commissioner directly. We are certainly taking his views into account, as well as what we heard from experts, organizations, advocates, and Canadians during the public consultations.
• Question: Will Privacy Act modernization pursue similar legislative changes as Bill C-11, the proposed Consumer Privacy Protection Act?
  • Answer: One important consideration for the modernization of the Privacy Act is to align the legislation more closely with provisions in Bill C-11. However, there are notable differences between the private sector and the public sector, as they serve different objectives and have different needs when it comes to the collection, use and disclosure of personal information. The differences in these two contexts will need to be considered as we look to modernize the Privacy Act.

Background:

Justice Canada is leading the modernization of the Privacy Act. The modernization of the Act supports the Minister of Justice’s December 2019 Mandate Letter commitment to “[w]ork with the Minister of Innovation, Science and Industry and the Minister of Canadian Heritage to advance Canada’s Digital Charter and enhance powers for the Privacy Commissioner, in order to establish a new set of online rights.”

On November 24, 2016, the Minister of Justice advised the House of Commons Standing Committee on Access to Information, Privacy and Ethics Committee (ETHI) that Justice would lead a review of the Privacy Act. The Government’s April 12, 2017 response to the ETHI committee’s report on the review of the Privacy Act advised that the Government would “engage Canadians, experts, organizations and advocates as the review progresses”.

Justice officials have engaged interdepartmental and select external stakeholders in support of Privacy Act modernization since 2016, including the Office of the Privacy Commissioner of Canada. In summer 2019, Justice Canada conducted a preliminary targeted engagement with expert stakeholders. The overall feedback received from this preliminary engagement was supportive of the modernization of the Act, and a “What We Heard” Report was published on the Justice Canada website on in June 2020.

On October 20, 2020, the Privacy Commissioner tabled his annual report for 2019-2020. The Report’s overarching policy theme addressed the pandemic’s negative impact on privacy and reflected the Commissioner’s perspective that there continues to be an “urgent need for law reform”, and suggested that the Government’s COVID pandemic related initiatives highlighted broader concerns relating to law reform. The Report also suggested there is a systemic under-reporting of privacy breaches within the Government.

On November 16, 2020, Justice launched public consultations on the modernization of the Privacy Act. The public consultations closed on February 14, 2021. The results of the public consultations will help Justice to finalize the policy options under consideration.

Note that in the 2015 election, the Liberal Party of Canada promised to appropriately subject Ministers’ Offices to the Access to Information Act. Bill C-58, which Parliament adopted in June 2019, subjects Ministers’ Offices to a proactive publication scheme that excludes oversight by the Information Commissioner. Some stakeholders have raised the issue of the application of the Privacy Act to Minister’s offices in their written submissions during the public consultations.

Mental health action plan 2020-2023

Context: During the discussion at the Committee the Minister may be asked the following questions:

• What measures has your organization taken to address mental health of employees?
• How does your organization ensure that the workplace is mentally/psychologically healthy and safe?
• What type of mental health support is provided to your employees?

• The Department of Justice is committed to a safe and healthy work environment and has prioritized the integration of mental and psychological health and safety for its employees.
• For example, Justice implemented a Mental Health Strategy and action plan in October 2016, which aligns with the Federal Public Service Workplace Mental Health Strategy.
• This Strategy is built on three main pillars: Changing Culture; Demonstrating Leadership; and Measuring Results.
• The Department recently updated the action plan to address the impact of the COVID-19 pandemic and ensure the integration of inclusion and diversity.
• For support, employees can also access the Employee Assistance Program led by Health Canada. Lawyers also have access to the Lawyer Assistance Program offered through the Canadian Bar Association.
• The Department has created an Ombuds office which offers an objective, impartial and safe place for employees to go to find ways to deal with issues in their work lives.

Background:

Mental health has been one of the Clerk’s priorities for the past 5 years. Since 2016, Justice has taken measures to increase awareness and to support employees with regards to mental health issues.

In 2016, Justice implemented its departmental Mental Health Strategy, which aligns with the Federal Public Service Workplace Mental Health Strategy. To support the Strategy, Justice also developed an action plan, which identifies key priorities to address mental health in the workplace. The departmental Mental Health Strategy also took into consideration the Joint Task Force on Mental Health first and second report that provided 11 recommendations to organizations on mental health in the workplace.

Since 2016, Justice has worked towards building a psychologically healthy and safe workplace for its employees by providing mental health training (e.g. The Working Mind, safeTALK, Mental Health First Aid, etc.); delivering presentations and facilitating discussions on a variety of mental health-related topics (e.g. managing workload pressures and stressors); developing communiqués on various resources and tools (i.e. Employee Assistance Program, LifeSpeak, suicide prevention, etc.); developing tools and resources for employees; providing support to managers in complex situations where mental health is a concern; and, leading initiatives such as identifying psychological hazards and implanting measures to ensure that our workplace is psychologically healthy and safe.

The mental health action plan identifies concrete actions to support a healthy and safe workplace.

In order to continue to build on creating healthy and safe work environment, Justice has dedicated resources to prioritize the integration of mental and psychological health and safety in its programs, policies and initiatives.

The Mental Health Action Plan can be found here.

Modernization of the Official Languages Act

• The document entitled English and French: Towards a substantive equality of official languages in Canada was made public on February 19, 2021. In that document, the Government announced its legislative, regulatory and administrative proposals for an official languages reform, which would mainly occur through the modernization of the Official Languages Act (OLA).
• This reform is based on six guiding principles :
  1. The recognition of linguistic dynamics in the provinces and territories and existing rights regarding Indigenous languages;
  2. The willingness to provide opportunities for learning both official languages;
  3. Support for the institutions of official language minority communities;
  4. The protection and promotion of French throughout Canada, including in Quebec;
  5. The Government of Canada as an example through strengthening the compliance of federal institutions;
  6. An Act for the Canada of today and tomorrow: Regular review of the Act and its implementation
• Out of these principles, the fifth one includes legislative amendment proposals to the OLA that relate more closely to the responsibilities of the Minister of Justice, namely the bilingualism of the Supreme Court of Canada and the translation of federal courts judgments.
• Question: The Government proposes to amend s. 16 of the Official Languages Act so that each judge sitting on the Supreme Court is able to hear cases without the need of an interpreter. Until now, your Government has been of the view that this raised a constitutional issue. How do you explain this turnaround?
  • Answer: Our Government did consider the case law on this issue (the 2014 Supreme Court Reference). It is worth noting that this Reference was with respect to the Supreme Court Act, whereas the current proposal concerns an amendment to the Official Languages Act. The situation is therefore different from that analyzed by the Supreme Court in 2014 and it does not raise the same issues.
• Question: Does the proposed amendment to s. 16 of the Official Languages Act mean that it will be more difficult for Indigenous jurists to be appointed as judges to the Supreme Court?
  • Answer: As mentioned in the document entitled English and French: Towards a substantive equality of official languages in Canada, which was made public on February 19, 2021, our Government acknowledges that in the development of this proposal, it will be necessary to keep in mind the importance of the representation of Indigenous peoples in the highest institutions of our country.
    The growing presence of highly qualified Indigenous jurists leads our Government to actively consider the appointment of Indigenous judges to the Supreme Court of Canada.
    We remain resolutely committed on both fronts: official languages and the appointment of Indigenous judges at the highest court of the country.

Background:

[Excluded].

With respect to the second question: The Indigenous Bar Association has recently written a letter to you (on January 19, 2021, so before the publication of the OLA reform document) in which it argues that the Government’s commitment to appoint only functionally bilingual judges to the Supreme Court constitutes a barrier to the appointment of Indigenous judges.

As for the translation of federal courts’ judgments, the OLA reform document proposes to amend section 20 of the OLA, [Redacted] to focus on the simultaneous publication of key decisions (for instance, those having a precedential value or of public interest). [Redacted].

[Excluded].

Bringing Innovation to Regulations through the Implementation of the three sectorial Roadmaps - Agri-Food and Aquaculture, Health and Biosciences, and transportation (Budget 2019) – new funding of $5.86M in 2020-21 ($20.53M over 5 years)

• The Department received new funding of $5.86M in 2020-21 as part of a 5 year, $20.53M initiative to assist in providing legislative services to support the Canadian Food Inspection Agency (CFIA), Agriculture and Agri-Food Canada (AAFC), and Fisheries and Oceans Canada (DFO), as well as specialized leglislative services on the implementation of three sectorial roadmaps.
• These roadmaps are: Agri-Food and Aquaculture, Health and Biosciences, and Transportation Sector.
• The objective is to simplify regulations and ensure efficiency when designing and implementing regulations, while continuing to prioritize health, safety, and environmental responsibilities.

Agri-Food and Aquaculture Roadmap

• The Agri-Food and Aquaculture Roadmap seeks to bring the Government’s regulatory system up to speed with the evolving landscape of the growing agri-food and aquaculture sector and provide benefits to stakeholders from the increased growth potential that comes from globalization.
• This Roadmap support global competitiveness, including through harmonization with trading partners, shared setting of standards, accommodate shifts in technology and innovation, and reduced regulatory barriers to trade. This will allow Canadian businesses to seize new opportunities and remain on a continued growth trajectory.
• The Agri-Food and Aquaculture Roadmap is compromised of 33 initiatives: 4 initiatives have been completed and 7 additional initiatives are in progress.

Health and Bioscience Roadmap

• The Health and Bioscience Roadmap review identified 16 Health Canada initiatives aimed at addressing regulatory barriers to economic growth and innovation. 4 initiatives have been completed and 2 additional initiatives are on track. Through additional funding for advisory and drafting resources, the Department of Justice is supporting these initiatives, some of which have already been delivered, including in the 2019 Budget Implementation Act.

Transportation Sector Roadmap

• Under the Transportation Sector Roadmap, current regulatory practices at Transport Canada are being examined with a view to reduce barriers and bottlenecks to innovation and economic development and investment, while ensuring that the transportation system remains safe and reliable, and that it facilitates the movement of people and goods.
• Since June 2019, Justice has supported Transport Canada in its progress in implementing the 23 initiatives outlined in the roadmap, having implemented 8 initiatives already and on track to complete 7 others. All initiatives are on track to be completed by 2022.
• Flexibility and innovation for the implementation of the roadmaps can be achieved by adopting regulations that consider the level of risk associated with particular activities. For example, amendments to the Canadian Aviation Regulations allow for the regulation of the drone industry, which involves different considerations than the regulation of traditional aircrafts.

Overall Roadmap Hiring

• The Regulatory Roadmap funding allowed for up to 72 positions to be filled in 2020-2021. Despite hiring delays caused by the pandemic, 53 positions have been filled to date and an additional 14 hires are planned for 2021-2022.

Effect of the Global Pandemic

• As the government turned its focus to protecting the health and safety of Canadians during the first wave of the COVID-19 pandemic, several roadmap initiatives were initially delayed or put on hold, while others were completed to support public health measures. Initiatives that were paused are now resuming, as capacity allows.
• Temporary regulatory flexibilities have been created to manage the pandemic as appropriate, and have been the immediate priority. The main estimates are aimed at longer-term reforms that continue to be desirable and pursued

Funding

Background:

Justice will receive $20.53M over five years starting in 2019-20 (Vote 1) (Annex 1), for a number of FTEs ranging between 15.0 and 40.0 annually to assist in providing legislative services to the Canadian Food Inspection Agency (CFIA), Agriculture and Agri-Food Canada (AAFC) and Fisheries and Oceans Canada (DFO), as well as specialized legislative services on the implementation of three sectorial roadmaps: Agri-Food and Aquaculture, Health and Biosciences, and Transportation Sector.

• Budget 2019 announced $67.8 million over five years (of which $37.3 million over five years is identified for Health Canada (HC) to fund legal and legislative services to be provided by Justice) in order to build Justice’s capacity to draft the legislative and regulatory changes needed to support the implementation of the three sectorial Roadmaps.
• HC and Justice received funding to implement portions of the Agri-Food and Aquaculture Sector Regulatory Review as well as the Health and Biosciences Sector Regulatory Review Roadmaps, as endorsed by Treasury Board in December 2018 and announced in Budget 2019.
• Roadmap proposals will modernize the regulatory frameworks of the targeted departments by making them more agile and responsive to an innovative environment while ultimately ensuring the health and safety of Canadians.

Justice Canada will support Transport Canada and Health Canada’s efforts, as well as the efforts of the CFIA, AAFC, and DFO.

Overall Roadmap Hiring

• The Regulatory Roadmap funding allowed for up to 72 positions to be filled in 2020-2021. Despite hiring delays caused by the pandemic, 53 positions have been filled to date and an additional 14 hires are planned for 2021-2022. The 53 positions filled to date consist of 26 legislative counsel, 3 managers, 8 advisory counsel in the Bijuralism and Advisory Services Section, 6 legistic revisors and 1 supervisor, 5 jurilinguists, and 4 legal assistants. Planned hiring for 2021-2022 consists of an additional 8 legislative counsel, 3 jurilinguists, 2 legistic revisors, and 1 paralegal.

Targeted Regulatory Reviews

• Budget 2018 announced $11.5 million over a three-year period to support the Government of Canada’s commitment to advancing a regulatory reform agenda, with the intent to foster innovation and business investment.
• Part of this funding was dedicated to targeted regulatory reviews that would explore ways to reduce barriers to innovation, and foster economic development and investment in the Canadian economy.
• Treasury Board Secretariat (TBS) coordinates this exercise for the Government of Canada. The first round of regulatory reviews began in spring 2018 and focused on three sectors with high-growth potential: health and biosciences, transport and infrastructure, and agri-food and aquaculture.
• The results from the three reviews were published online in ‘Roadmaps’ for each of the three sectors.

Agri-food and Aquaculture Roadmap

• After the first round of regulatory reviews, AAFC, CFIA, DFO, HC, and the Public Health Agency Canada (PHAC) put forward 33 initiatives, which are set out in the Agri-food and Aquaculture Roadmap.
• These initiatives support innovation and business development in the agri-food and aquaculture sectors, and address certain irritants raised by stakeholders over the years.
• They also uphold the fundamental objectives of Canada’s regulatory system for food safety, public health and a sustainable plant and animal resource base.
• Initiatives are categorized under three themes:
  • Clear, agile, responsive regulations: to create regulations that are clear, easily understood, flexible and responsive to accommodate changes in the Canadian and global business environment.
  • Competitiveness in domestic and international markets: to improve access to domestic and international markets by supporting Canadian competitiveness and trade interests, aligning regulations and reducing duplication in oversight across jurisdictions.
  • Risk-based, efficient, predictable regulatory programs: to make programs and services for the agri-food and aquaculture sector more timely, predictable and risk-based.
• The Roadmap also proposes three novel regulatory approaches, including the development of a regulatory impact hub, the use of new ledger technology to improve trust and reduce risk (Blockchain), and Ethical Business Regulations to promote enhanced information sharing and regulatory compliance.
• Hiring: With funding obtained through the Agri-Food and Aquaculture Roadmap, 29 positions have been filled to date and another 6 hires are planned for 2021-2022. The 29 positions filled to date include: 18 legal counsel to work on the Agri-Food and Aquaculture Roadmap’s initiatives, 1 manager, 8 positions within Revision Services, and 2 support staff.

Health and Bioscience Roadmap

• The Health and Biosciences Sector Regulatory Review Roadmap outlines HC’s plan to address the issues, irritants, and bottlenecks identified by stakeholders that affect innovation and economic growth in the health and biosciences sector.
• The initiatives in this roadmap aim to address issues raised with regard to a variety of products, ranging from cosmetics, natural health products, non-prescription drugs and workplace chemicals, to products that challenge traditional categories, such as software and 3D printers.
• In order to capitalise on the opportunity to review regulatory frameworks in the health and biosciences sector, HC focussed its review on the following frameworks:
  • Canada Consumer Product Safety Act and its regulations
  • Controlled Drugs and Substances Act and its regulations
  • Food and Drugs Act and its
  • Food and Drug Regulations (as they relate to drugs only)
  • Medical Devices Regulations
  • Natural Health Products Regulations
  • Hazardous Materials Information Review Act and its regulations.
• Initiatives are categorized under four themes:
  • Integration: Regulations that respond to increasingly overlapping product categories.
  • Global Systems: A global marketplace increases the need to reduce barriers to trade and collaboration with international partners in setting standards and sharing work.
  • Risk-based Approaches: Shifting from one-size-fits-all approaches to applying a level of regulatory oversight that is flexible and proportionate to risk.
  • Agile Frameworks: Regulatory frameworks that are flexible and less prescriptive to better respond to innovation and emerging risks, and reflect updated science and technology.
• The Roadmap also proposes two novel regulatory approaches, including enabling advanced therapeutic products and re-testing requirements for imported lower risk drugs are duplicative and create administrative burden that outweigh the risk of the products.
• Hiring: With the funding obtained through the Health and Bioscience Roadmap, 20 positions have been filled to date, with another 6 hires planned for 2021-2022. The positions filled to date include: 14 legal counsel, 1 manager, 3 staff in Revision Services and 2 support staff.

Transportation Sector Roadmap

• The Transportation Sector Regulatory Review Roadmap is Transport Canada (TC)’s plan to address regulatory barriers to innovation and investment, while also supporting innovation and novel approaches in the transportation sector.
• Canada’s successful implementation of increased trade in key priority areas, such as agri-food and natural resources, is dependent upon an efficient and modern transportation system. As such, innovation in the transportation sector is essential to ensure that it continues to be efficient, low in greenhouse gas emissions, safe and secure.
• The initiatives in this roadmap are examples of how TC is transforming its regulatory framework, so that it is outcome-based, risk-informed, agile and transparent, while supporting innovation and strengthening safety and security of the transportation system.
• Initiatives are categorized under four themes:
  • A need for more flexibility in the regulatory framework.
  • A need for more coordination among jurisdictions and collaboration with industry.
  • A need for clarity and certainty within the regulatory framework.
  • A need for greater digitization of services.
• Stakeholders identified regulatory issues in the transportation sector that TC is addressing through modernization efforts in the following areas: remotely piloted aircraft systems; marine safety; automated vehicles and connected vehicles and civil aviation; and which the Canadian Transportation Agency is addressing through regulatory modernization.
• The Roadmap also proposes novel regulatory approaches in the following modes and areas of the transportation sector: remotely piloted aircraft systems; automated vehicles and connected vehicles; civil aviation; and transportation of dangerous goods. These novel approaches inform policy and regulatory development, and promote collaboration between TC and industry.
• Since June 2019, Transport Canada has made progress in implementing the 23 initiatives outlined in the roadmap, having implemented 8 initiatives already and on track to complete 7 others. While some of the work on the 8 remaining initiatives has been affected by the COVID-19 pandemic and has resulted in modified timelines, Transport Canada is nonetheless still on track to complete all initiatives by 2022.
• Hiring: With the funding obtained through the Transportation and Aviation Roadmap, 4 positions have been filled in the Legislative Services Branch and another 2 hires are planned for 2021-2022. The positions filled to date include: 2 legislative counsel and 1 manager in the Transport Canada Regulations Section as well as 1 legistic revisor hired in Revision Services to review this Roadmap’s initiatives.

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