Bill C-6 · 38th Parliament · Paul Martin
Department of Public Safety and Emergency Preparedness Act
An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts
Government bill. Became law.
- IntroducedOct. 8, 2004
- Debated in principleOct. 15, 2004
- Studied by a committeeDone
- Passed its first chamberNov. 17, 2004
- Passed the second chamberMarch 20, 2005
- Became lawMarch 23, 2005
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Paul MartinPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
72% of the text as introduced was changed or removed by the time it became law (6,890 words introduced, 4,782 passed). A committee amended it.
substantial changeintent broadened
The bill kept its core structure for creating the new department and transferring powers from the Solicitor General but added explicit references to specific agencies and a provincial powers clause. These insertions expanded the minister's coordination role and introduced limits tied to provincial authority.
- Section 6(1) gained a new phrase requiring regard for provincial and territorial powers.
After: “and with due regard to the powers conferred on the provinces and territories,”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill uses exact definitions and fixed transfer rules for some powers but relies heavily on ministerial beliefs and broad grants. This mix leaves room for argument over scope in enforcement and listing decisions.
Open to argument
“reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b)”
Subjective belief test invites disputes over what facts meet the threshold.“may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person”
Open-ended purpose and authorization language creates wide regulatory discretion.
Clear-cut
“"Deputy Minister" means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness”
Clear inclusive definition reduces ambiguity about who holds the role.“Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list”
Fixed periodic review obligation with no discretion on timing.
Discretion. Extensive discretion remains with the Minister to form beliefs, recommend listings, coordinate portfolios, issue regulations, and with the Governor in Council to designate officers or alter transfers by order.
Challenging the law itself. Broad law-enforcement regulation-making and 'reasonable grounds' standards could be attacked for vagueness or overbreadth under Charter sections 7 and 8.
Disputing a charge under it. Accused persons could dispute whether the Minister's belief met the reasonable-grounds threshold or whether an act fell inside the regulatory authorization.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.