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REGS Committee Meeting

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Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 34 - Minutes of Proceedings - April 26, 2018

OTTAWA, Thursday, April 26, 2018


The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:30 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Joseph A. Day and Mr. Harold Albrecht, presiding.

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

Representing the House of Commons: Harold Albrecht, Vance Badawey, Nicola Di lorio, Kerry Diotte, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, John Oliver, Francis Scarpaleggia, Bev Shipley, Jati Sidhu and Len Webber (12).

Also present: Christine Holke, Joint Clerk of the Committee (House of Commons), Evelyne Borkowski-Parent, General 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 study pursuant to its permanent order of reference, as set out in section 19, 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.


Department of Justice Canada:

Mala Khanna, Deputy Assistant Deputy Minister, Public Law and Legislative Services Sector;

Patricia Pledge, Senior Counsel, Legislative Services Branch.

Concerning the accessibility of documents incorporated by reference, Ms. Khanna made a statement and, together with with Ms. Pledge, answered questions.

At 9:15 a.m., the committee suspended.

At 9:18 a.m., the committee resumed.

Concerning the accessibility of documents incorporated by reference, it was agreed that committee legal counsel write to those responsible for regulatory texts at the Department of Justice Canada, to transmit certain observations made by the committee.

Mr. Shipley moved:

That the committee proceed in camera and that, notwithstanding usual practice, members' assistants be permitted to remain in the room;

That the committee allow the transcription of the in camera portion of today's meeting, and that the general counsel keep a copy in her office for consultation by committee members.

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

At 9:59 a.m., the committee suspended.

At 10:01 a.m., the committee resumed in camera.

In the matter of SOR/96-423 — Patent Rules, and SOR/2003-208 — Rules Amending the Patent Rules

It was moved by Mr. Diotte:

That the committee adopt the draft report (Disallowance), and that the joint chairs present the report to both Houses.

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

It was agreed that the joint chairs invite the Minister of Justice to appear before the committee.

At 10:29 a.m., the committee adjourned to the call of the joint chairs.


François Michaud
Joint Clerk of the Committee (Senate)