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Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 33 - Minutes of Proceedings - March 29, 2018

OTTAWA, Thursday, March 29, 2018


The Standing Joint Committee for the Scrutiny of Regulations met this day, at 8:31 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Joseph A. Day and Harold Albrecht, presiding.

Representing the Senate: The Honourable Senators Day, Stewart Olsen and Woo (3).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Benzen, Nicola Di Iorio, Kerry Diotte, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Ron McKinnon, Jennifer O'Connell, Francis Scarpaleggia and Bev Shipley (12).

Also present: Christine Holke, Joint Clerk of the Committee (House of Commons), Evelyne Borkowski-Parent, Senior Legal Counsel, and Penny Becklumb, Counsel, Parliamentary Information and Research Service, Library of Parliament.

In attendance: The official reporters of the Senate.

The committee continued its review in accordance with the permanent order of reference as set out in section 19 of the Statutory Instruments Act, R.S.C., 1985, c. S-22, which provides for the following:

Every statutory instrument issued, made or established after December 31, 1971, other than an instrument the inspection of which and the obtaining of copies of which are precluded by any regulations made pursuant to paragraph 20(d), shall stand permanently referred to any Committee of the House of Commons, of the Senate or of both Houses of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments.

Mr. Badawey proposed:

That the committee now proceed to sit in camera and, that notwithstanding usual practice, committee members' assistants be allowed to remain;

That the committee allow the transcription of today's in camera meeting and that one copy be kept in the office of the general counsel for consideration and for consultation by committee members.

The question being put on the motion, it was adopted.

Regarding the inability of Environment and Climate Change Canada to amend regulations in a timely manner, it was agreed that the Senior Legal Counsel would prepare a letter that she will send to the Minister of Environment and Climate Change Canada, asking her to provide a strict timetable by May 1, 2018, and to strictly adhere to this schedule, failing which a report will be submitted to the house.

At 9 a.m., the committee suspended.

At 9:03 a.m., the committee resumed in public.

On SOR/2017-10 — Order amending Schedule 1 to the Species at Risk Act, SOR/2017-59 — Order amending Schedule 1 to the Species at Risk Act, SOR/2017-112 — Order amending Schedule 1 to the Species at Risk Act, SOR/ 2016-281 — Critical Habitat of the Roseate Tern (Sterna Dougalii) Order, SOR/2017-229 — Order amending Schedule 1 to the Species at Risk Act, and SOR/2018-10 — Order amending Schedule 1 to the Species at Risk Act, it was agreed that Counsel to the Committee write to the Designated Instruments Officers of Environment and Climate Change Canada and Fisheries and Oceans Canada; and that the joint chairs write to the Chairs of the Standing Senate Committee on Energy, the Environment and Natural Resources, the Standing Senate Committee on Fisheries and Oceans, the Standing Committee on Environment and Sustainable Development, and the Standing Committee on Fisheries and Oceans to share with them some of the committee's observations.

At 9:56 a.m., the committee adjourned to the call of the chair.


François Michaud
Joint Clerk of the Committee