Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 35 - Minutes of Proceedings
OTTAWA, Wednesday, May 29, 2002
(57)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 3:40 p.m. this day, in room 257-East Block, the Honourable Senator Milne, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Beaudoin, Bryden, Cools, Fraser, Joyal, P.C., Milne, Moore and Pearson (9).
In attendance: From the Library of Parliament: Nancy Holmes, Researcher, Law and Government Division.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, March 20, 2002, the committee proceeded to study Bill S-41, An Act to re-enact legislative instruments enacted in only one official language. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 32, April 24, 2002.)
WITNESSES:
From the Department of Justice:
Mr. Warren J. Newman, General Counsel, Constitutional and Administrative Law Section;
Mr. Marc Tremblay, Senior Counsel, Official Languages Law Group;
Mr. John Mark Keyes, Director, Legislative Policy and Development.
Mr. Tremblay made an opening statement.
The committee considered and discussed the several amendments tabled on behalf of the Minister of Justice and by Senator Beaudoin.
The witnesses answered questions.
The Honourable Senator Cools raised a point of order on whether Bill S-41 is properly before Parliament, suggesting that there is no parliamentary authority for a bill of this form.
After debate, the Honourable Senator Milne ruled it out of order, stating that the bill is properly before the committee; it went through First and Second readings in the Senate Chamber and it is framework legislation.
At 5:35 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, May 30, 2002
(58)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 11:05 a.m. this day, in room 257-East Block, the Honourable Senator Milne, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Beaudoin, Bryden, Fraser, Joyal, P.C., Milne, Moore, Murray, P.C., Pearson and Stratton (10).
Other senator present: The Honourable Senator Rompkey (1).
In attendance: From the Library of Parliament: Nancy Holmes and Mollie Dunsmuir, Researchers, Law and Government Division.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, March 20, 2002, the committee proceeded to study Bill S-41, An Act to re-enact legislative instruments enacted in only one official language. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 32, April 24, 2002.)
WITNESSES:
From the Department of Justice:
Mr. Marc Tremblay, Senior Counsel, Official Languages Law Group;
Mr. Warren J. Newman, General Counsel, Constitutional and Administrative Law Section;
Mr. John Mark Keyes, Director, Legislative Policy and Development.
Mr. Tremblay made a statement. Mr. Newman made a statement. Together the witnesses answered questions.
It was agreed, — That the committee proceed to clause-by-clause consideration of Bill S-41.
It was agreed, — That the title stand postponed.
It was agreed, — That clause 1 stand postponed.
The Honourable Senator Joyal moved, — That Bill S-41, in clause 2, be amended by replacing line 15 on page 1 with the following:
``(a) an instrument enacted before the coming into force of section 7 of the Official Languages Act on September 15, 1988 by, or with the''
The question being put on the motion in amendment of the Honourable Senator Joyal, it was agreed.
It was agreed, — That clause 2, as amended, carry.
It was agreed, — That clause 3 carry.
The Honourable Senator Joyal moved, — That Bill S-41, in clause 4, be amended by replacing lines 11 to 13 on page 2 with the following:
``guage and, at the time of its enactment, was published in only one official language or was exempted by law from the requirement to be published in a government publication, the Governor in''
The question being put on the motion in amendment of the Honourable Senator Joyal, it was agreed.
The Honourable Senator Joyal moved, — That Bill S-41, in clause 4, be amended by replacing lines 29 to 37 on page 2 with the following:
``subsection (1) unless the contravention occurred after the instrument was re-enacted and published in both official languages.''
The question being put on the motion in amendment of the Honourable Senator Joyal, it was agreed.
The Honourable Senator Beaudoin moved, — That Bill S-41, in clause 4, be amended by adding after line 10 on page 3 the following:
``(7) Upon the expiration of six years after this Act comes into force, any legislative instrument described in subsection (1) that has not been re-enacted in both official languages is repealed.''
After debate, the question being put on the motion in amendment of the Honourable Senator Beaudoin, it was agreed, on division.
It was agreed, — That clause 4, as amended, carry.
After debate, it was agreed, — That clause 5 carry.
The Honourable Senator Joyal moved, — That Bill S-41, in clause 6, be amended by replacing lines 29 to 37 on page 3 with the following:
``6. The English and French versions of an instrument re-enacted under section 3 or 4 are equally authoritative.''
The question being put on the motion in amendment of the Honourable Senator Joyal, it was agreed.
It was agreed, — That clause 6, as amended, carry.
The Honourable Senator Joyal moved, — That Bill S-41, be amended to contain new clauses 7, 8 and 9 as follows:
``7. An instrument that was repealed or that otherwise ceased to have effect on or before the day on which this Act comes into force is not by virtue of this Act or any regulation made under this Act revived in respect of any period subsequent to its repeal or ceasing to have effect.
8. (1) The Statutory Instruments Act does not apply to an instrument re-enacted under section 3 or to a regulation made under section 4.
(2) Instruments re-enacted under section 3 and regulations made under section 4 stand permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act for review and scrutiny.
9. (1) Within five years after the day on which this Act comes into force, the Minister of Justice shall complete a review of the implementation and operation of section 4.
(2) Subject to subsection (3), within one year after the review is completed pursuant to subsection (1), or within such further time as may be authorized by both Houses of Parliament, the Minister of Justice shall submit a report on the review to each House of Parliament that includes
(a) a description of the measures taken to identify legislative instruments referred to in subsection 4(1);
(b) a list of any legislative instruments that have been repealed and re-enacted under subsection 4(1); and
(c) a list of any legislative instruments referred to in that subsection that have been identified but that have not been repealed and re-enacted.
(3) The report referred to in subsection (2) shall, in respect of legislative instruments of a class referred to in subsection 15(3) of the Statutory Instruments Regulations, set out only the number of such instruments that are of the types described in paragraphs (2)(a) and (b).''
The question being put on the motion of the Honourable Senator Joyal for new clauses 7, 8 and 9, it was agreed.
It was agreed, — That clause 1 carry.
It was agreed, — That the title carry.
It was agreed, — That the bill be adopted with amendments.
It was agreed, — That the Chair report this Bill, as amended to the Senate.
The committee received briefs by the following individuals/organizations during the consideration of Bill S-41:
The Honourable Martin Cauchon, Minister of Justice; Dr. Dyane Adam, Commissioner of Official Languages; the Standing Joint Committee on Scrutiny of Regulations; Mr. Pierre Foucher, Faculty of Law, University of Moncton and the Privy Council Office.
At 12:32 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Josée Thérien
Clerk of the Committee