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LCJC - Standing Committee

Legal and Constitutional Affairs

 

Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 10 - Minutes of Proceedings


OTTAWA, Wednesday, September 19, 2001
(17)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met at 5:35 p.m., this day, in room 257, East Block, the Honourable Senator Beaudoin, Deputy Chair, presiding.

Members of the committee present: The Honourable Senators Andreychuk, Beaudoin, Buchanan, Cools, Joyal, Léger, Pearson and Poy (8).

In attendance: From the Library of Parliament: Nancy Holmes and Mollie Dunsmuir.

Also in attendance: The official reporters of the Senate.

Pursuant to the Order of Reference adopted by the Senate on Tuesday, June 5, 2001, the committee proceeded to study the proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal an Act and certain provisions that have expired, lapsed or otherwise ceased to have effect. (See Order of Reference.)

WITNESSES:

From the Department of Justice:

Luc Labelle, Legislative Counsel, Legislation Section;

Ed Schmidt, Legislative Counsel, Legislation Section.

From the Canadian Nuclear Safety Commission (CNSC):

Denys Vermette, Vice-President, Corporate Services;

John Waddington, Director General, Environmental and Human Performance Assessment;

Bernie Shaffer, Senior Counsel.

From the Atlantic Canada Opportunities Agency (ACOA):

Suzanne Pelham Belliveau, Legal Counsel.

From Industry Canada:

Jeff Watters, Senior Program Officer, Program Development Directorate;

Bruce Lyng, Senior Program Officer, Gas, Program Develop ment Directorate.

From the Department of Canadian Heritage:

Meena Ballantyne, Director General, Portfolio Affairs Office;

Glen Mostowich, Senior Portfolio, Analyst, Portfolio Affairs Office;

Éloise Arbour, Counsel, Legal Services.

From the National Film Board of Canada (NFB):

Guy Gauthier, Director, Human Resources.

From the National Capital Commission (NCC):

Karen McNeil, Legal Counsel.

Luc Labelle and Ed Schmidt from the Department of Justice, and Denys Vermette and John Waddington from the Canadian Nuclear Safety Commission, made opening remarks.

Mssrs. Labelle, Schmidt, Vermette and Waddingon, then proceeded to answer questions together with Bernie Shaffer of the CNSC, Guy Gauthier of the NFB, and Suzanne Pelham Belliveau of ACOA.

At 7:25 p.m., the committee adjourned to the call of the Chair.

ATTEST:


OTTAWA, Thursday, September 20, 2001
(18)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met at 10:55 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, Cools, Fraser, Grafstein, Joyal, Milne, Moore and Pearson (9).

In attendance: From the Library of Parliament: Nancy Holmes and Mollie Dunsmuir.

Also in attendance: The official reporters of the Senate.

Pursuant to the Order of Reference adopted by the Senate on Tuesday, June 5, 2001, the committee proceeded to study the proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal an Act and certain provisions that have expired, lapsed or otherwise ceased to have effect. (See Order of Reference.)

WITNESSES:

From the Department of Justice:

Luc Labelle, Legislative Counsel, Legislation Section;

Ed Schmidt, Legislative Counsel, Legislation Section.

From the Canadian Nuclear Safety Commission (CNSC):

John Waddington, Director General, Environmental and Human Performance Assessment;

Bernie Shaffer, Senior Counsel.

From the Atlantic Canada Opportunities Agency (ACOA):

Suzanne Pelham Belliveau, Legal Counsel.

The committee proceeded to discuss the proposals by order of appearance.

Clauses 1-4 were considered.

It was agreed to remove clauses 5.

Clause 6 was considered.

It was agreed to remove clauses 7 and 8.

Clauses 9 to 32 were considered.

Clauses 33 and 34 were withdrawn.

Clause 35 to 58 were considered.

With regard to clause 59, a Senator noted that the report should contain a message that it is inappropriate that references to parliamentary review by one or both houses should ever be repealed through the Miscellaneous Statute Law Amendments. Ed Schmidt answered questions.

It was agreed to remove clause 59.

A Senator suggested that a comment be made in the report that `spent' clauses regarding reviews, such as clause 59, should remain in Acts as a useful reference that such review took place.

Clauses 60 to 71 were considered.

Clauses 72 and 73 were withdrawn.

It was agreed to remove clauses 74 and 75.

Clauses 76 and 77 were considered.

Clause 78 was considered. John Waddington answered ques tions.

Clauses 79 to 105 were considered.

Clause 106 was considered. Mr. Schmidt answered questions. The committee withheld its decision on this clause pending the receipt of information from Mr. Schmidt as to whether or not any prosecution processes are underway under this article.

Clause 107 was considered.

Clause 108 was considered. Luc Labelle answered questions.

It was agreed to remove clause 108.

Clause 109 and 110 were considered.

Clauses 111 to 115 were considered. Mr. Schmidt answered questions. He further offered to obtain a written explanation from officials of their reasons for seeking the repeal of the Fisheries Price Support Act. The committee withheld its decision on this clause pending the receipt of said explanation from Mr. Schmidt.

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

ATTEST:

Jill Anne Joseph

Clerk of the Committee


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