Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 28 - Minutes of Proceedings


OTTAWA, Thursday, December 6, 2012
(66)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:30 a.m., in room 257, East Block, the chair, the Honourable Senator Bob Runciman, presiding.

Members of the committee present: The Honourable Senators Baker, P.C., Boisvenu, Cowan, Dagenais, Fraser, Frum, Jaffer, Joyal, P.C., McIntyre, Ngo, Runciman and White (12).

In attendance: Lyne Casavant, Cynthia Kirkby and Christine Morris, Analysts, Parliamentary Information and Research Service, Library of Parliament.

Also in attendance: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Tuesday, November 6, 2012, the committee continued its consideration of Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations. (For complete text of the order of reference, see proceedings of the committee, Issue No.27).

WITNESSES:

Department of Justice Canada:

Philippe Hallée, Deputy Chief Legislative Counsel.

The chair made an opening statement.

It was agreed that the committee proceed to clause-by-clause consideration of Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations.

It was agreed that the title stand postponed.

It was agreed that clause 1, which contains the short title stand postponed.

The chair called clause 2.

The Honourable Senator Fraser moved:

That Bill S-12 be amended in clause 2,

(a) on page 1, by adding after line 13 the following:

``(1.1) In this section, ``document'' means any federal or provincial legislation.'';

(b) by replacing lines 18 to 22 on page 1, and lines 1 to 7 on page 2, with the following:

``be incorporated only if it is a regulation.''; and

(c) on page 4, by adding after line 7 the following:

``18.8. The Governor in Council shall, by order, publish guidelines establishing standards in relation to the following:

(a) which documents may be considered eligible for incorporation by reference in a regulation;

(b) which documents should be precluded from being incorporated by reference;

(c) how the content of incorporated documents is to be made available in both official languages;

(d) how incorporated documents are to be made accessible to the public; and

(e) how relevant information will be communicated to interested groups and the general public.''.

Debate arose thereon.

Mr. Hallée was invited to the table and for the remainder of the meeting answered questions from time to time.

With leave, the Honourable Senator Fraser moved:

That the motion in amendment be amended by adding in line 2, after the word ``legislation'' the following words: ``regulation or standard.''

After debate, the question being put on the subamendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Baker, Cowan, Fraser, Jaffer and Joyal — 5

NAYS

The Honourable Senators

Boisvenu, Dagenais, Frum, McIntyre, Ngo, Runciman and White — 7

The committee resumed consideration of the motion in amendment.

The question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 2 carry, on division.

It was agreed that clause 3 carry.

It was agreed that clause 4 carry.

It was agreed that clause 1, which contains the short title carry.

It was agreed that the title carry.

It was agreed that the bill carry, on division.

At 11:04 a.m., pursuant to rule 12-16(1)(d), the committee continued in camera to discuss a draft report.

It was agreed that senators' staff be permitted to remain in the room during the in camera portion of today's meeting.

At 11:07 a.m., the committee resumed in public.

It was agreed that observations be appended to the committee's report on the bill.

It was agreed that the chair report Bill S-12 with observations to the Senate.

At 11:08 a.m., the committee suspended.

At 11:31 a.m., the committee resumed.

Pursuant to the order of reference adopted by the Senate on Tuesday, November 27, 2012, the committee began its consideration of Bill C-36, An Act to amend the Criminal Code (elder abuse).

WITNESSES:

Canadian Council of Criminal Defence Lawyers:

William Trudell, Chair.

Ottawa Police Services:

Maria Neill, Detective, Elder Abuse Unit.

Canadian Association of Social Workers:

Morel Caissie, President. (by videoconference)

Registered Nurses' Association of Ontario:

Doris Grinspun, Chief Executive Officer.

The chair made an opening statement.

Ms. Grinspun, Mr. Trudell, Ms. Neill and Mr. Caissie each made a statement and answered questions.

At 12:45 p.m., the committee adjourned to the call of the chair.

ATTEST:

Shaila Anwar

Clerk of the Committee