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REGS Committee Meeting

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OTTAWA, Thursday, April 25, 2002


The Standing Joint Committee for the Scrutiny of Regulations met at 8:35 a.m. this day, in Room 160-S, Centre Block, the Joint Chair, the Honourable Céline Hervieux-Payette, P.C., presiding

Representing the Senate:  The Honourable Senators Joan Cook, Céline Hervieux-Payette, P.C., Aurélien Gill, Frank W. Mahovlich, and Pierre Claude Nolin (5).

Representing the House of Commons: Michel Bellehumeur (for Pierre Brien), Jean-Guy Carignan, John Cummins, Wayne Easter (for Joe Comuzzi), Georges Farrah (for Sue Barnes), Michel Guimond, Derek Lee, James Lunney (for Scott Reid), Paul Macklin, John Maloney (for Paul Bonwick), Val Meredith (for Gurmant Grewal), Gerry Ritz (for Scott Reid), Greg Thompson, Tom Wappel, and Ted White (15).

In attendance:  Till Heyde, Joint Clerk of the Committee (Senate); Philippe Mela, Acting Joint Clerk of the Committee (House of Commons); and François-R. Bernier, Jacques Rousseau, and Peter Bernhardt, Counsel to the Committee, Parliamentary Research Branch, Library of Parliament.

Also in attendance:  The official reporters of the Senate.

The Committee considered its permanent Order of Reference, section 19, the Statutory Instruments Act, R.S.C., 1985, c. S-22, which follows:

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.


From the Department of Fisheries and Oceans:

Sharon Ashley, Director General, Policy Coordination and Liaison;

David Bevan, Director General, Resource Management Directorate, Fisheries Management;

Steve Tierney, Director General, Aboriginal Policy and Governance Directorate.

From the Department of Justice:

François-Bernard Côté, Q.C., Senior General Counsel, Legal Services;

Ruth Grealis, Senior Counsel.

On SOR/92-738 – Railway Interswitching Regulations, it was agreed that the Joint Chairs correspond with the Minister of Transport requesting a response to certain issues raised by the Committee and noting certain other comments made in Committee.

The Committee considered an invitation from the Honourable Lorna Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, for the Joint Chairs to appear before that Committee, accompanied by Committee Counsel, during its study of Bill S-41, An Act to Re-Enact Legislative Instruments Enacted in Only One official Language.

After debate, it was agreed that the Joint Chairs and Counsel be authorized to accept the invitation of the Honourable Senator Milne, and that the Committee revisit issues relating to the Bill as appropriate.

Messrs. Côté and Bevan, and Misses Grealis and Ashley answered questions on SOR/93-332 – Aboriginal Communal Fishing Licences Regulations; SOR/94-390 – Aboriginal Communal Fishing Licences Regulations, amendment; SOR/94-531 – Aboriginal Communal Fishing Licences Regulations, amendment; and SOR/95-106 – Aboriginal Communal fishing Licences Regulations, amendment.

Mr. Cummins moved that Counsel be directed to prepare another draft disallowance report for the next meeting of the Committee.

After debate, the question being put on the motion, it was negatived on the following division:

YEAS – 6

The Honourable Senators:

Nolin – 1.

Members of the House of Commons:

Michel Bellehumeur, John Cummins, Val Meredith, Gerry Ritz, and Ted White – 5.

NAYS - 9

The Honourable Senators:

Gill and Mahovlich – 2.

Members of the House of Commons:

Jean-Guy Carignan, Wayne Easter, Georges Farrah, Derek Lee, Paul Macklin, John Maloney, Tom Wappel – 7.


The Honourable Senators:

Hervieux-Payette, P.C.

After debate, it was agreed that, at the next meeting of the Committee, the Committee review in detail points raised in relation to  SOR/93-332, SOR/94-390, and SOR/95-106.

At 10:47 a.m., it was agreed that the Committee adjourn to the call of the Joint Chairs.



Till Heyde

Joint Clerk of the Committee (Senate)