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Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 11 - Minutes of Proceedings


OTTAWA, Thursday, February 7, 2002
(11)

[English]

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 Chairs, the Honourable Céline Hervieux-Payette, P.C., and Mr. Gurmant Grewal, M.P., presiding

Representing the Senate: The Honourable Senators John Bryden; Céline Hervieux-Payette, P.C.; Elizabeth Hubley; Mobina Jaffer; Wilfred P. Moore; Pierre Claude Nolin and Terry Stratton (7).

Representing the House of Commons: Michel Bellehumeur (for Michel Guimond); Pierre Brien; Roy Cullen (for Sue Barnes); John Cummins; Gurmant Grewal; Stan Keyes (for Joe Comuzzi); Derek Lee; Paul Macklin; John Maloney (for Tom Wappel); Lynn Myers; Jim Pankiw; Bernard Patry (for Jean Guy Carignan); David Price (for Gar Knutson); Alan Tonks (for Paul Bonwick); Maurice Vellacott (for Ted White and Jim Gouk); and Ted White (16).

In attendance: Till Heyde, Joint Clerk of the Committee (Senate); Susan Baldwin, Acting Joint Clerk of the Committee (House of Commons); and François-R. Bernier 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.

WITNESSES:

From the Department of Agriculture and Agri-Food Canada:

Samy Watson, Deputy Minister;

Henry Schultz, General Counsel, Legal Services.

From the National Farm Products Council:

Terry Hayward, Executive Director.

On SOR/93-108 — Quebec Beef Cattle Producers' Levies or Charges (Internprovincial and Export Trade) Order; SOR/93-195 — Quebec Maple Syrup Producers Levy (Interprovincial and Export Trade) Order; and SOR/382 — Prince Edward Island Cattle Marketing Levies Order, Mr. Watson made a statement and, with Messrs Schultz and Hayward, answered questions.

The committee considered a draft report on SOR/87-65 — Assessor's Rules of Procedure.

Mr. Lee moved that the report be adopted.

After debate, the committee agreed to minor grammatical changes.

After further debate, the question that the report, as amended, be adopted was put and carried.

The committee considered a draft report on SOR/93-332 — Aboriginal Communal Fishing Licences Regulations; SOR/94-390 — Aboriginal Communal Fishing Licences Regulations, amendment; SOR94/531 — Aboriginal Communal Fishing Licences Regulations, amendment; and SOR/95-106 — Aboriginal Communal Fishing Licences Regulations, amendment.

Mr. Cummins moved that the report be adopted.

After debate, Mr. Lee moved that the committee defer consideration of the sixth report for three weeks and, in the interim, invite the Minister of Fisheries to appear.

After debate, the motion was, with leave, modified to read ``That the committee defer consideration of the sixth report for three weeks.''

The question being put on the motion, as modified, it was adopted on the following division:

YEAS — 14:

The Honourable Senators:

Bryden, Hervieux-Payette, P.C., Hubley, Jaffer and Moore — 5.

Members of the House of Commons:

Roy Cullen, Stan Keyes, Derek Lee, Paul Macklin, John Maloney, Lynn Myers, Bernard Patry, David Price and Alan Tonks — 9.

NAYS — 8:

The Honourable Senators:

Nolin and Stratton — 2.

Members of the House of Commons:

Michel Bellehumeur, Pierre Brien, John Cummins, Jim Pankiw, Maurice Vellacott, and Ted White — 6.

Mr. Lee moved that the Minister of Fisheries be invited to appear within the next three weeks.

Mr. Pankiw moved that Mr. Lee's motion be amended by adding thereto ``and that if the Minister does not appear, this report will automatically be deemed to have been passed and tabled in the House.''

The Joint Chair, Mr. Grewal, ruled Mr. Pankiw's motion in amendment out of order as a conditional motion.

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

It was agreed that the Joint Clerks be instructed to send a copy of the draft report to the Minister of Fisheries in advance of his appearance.

On SOR/92-738 — Railway Interswitching Regulations, amendment, it was agreed that the Minister of Transport be invited to appear before the committee on or before April 11, 2002 in relation to certain comments made in the committee, or to provide a written clarification on these points, and that Counsel prepare a draft report to both Houses.

At 10:27 a.m., it was agreed that the committee adjourn to the call of the Joint Chairs.

ATTEST:

Till Heyde

Joint Clerk of the Committee (Senate)