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MINUTES OF PROCEEDINGS
 
Meeting No. 58
 
Tuesday, December 9, 2014
 

The Standing Committee on Justice and Human Rights met at 3:32 p.m. this day, in Room 268, The Valour Building, the Chair, Mike Wallace, presiding.

 

Members of the Committee present: Françoise Boivin, Blaine Calkins, Sean Casey, Bob Dechert, Robert Goguen, Ève Péclet, Mike Wallace and David Wilks.

 

Acting Members present: Dan Albas for Kyle Seeback and Philip Toone for Pierre Jacob.

 

In attendance: Library of Parliament: Lyne Casavant, Analyst. House of Commons: Justin Vaive, Legislative Clerk.

 

Witnesses: Standards Council of Canada: Michel Girard, Vice President, Strategy; John Walter, Chief Executive Officer. Canadian Council of Criminal Defence Lawyers: Ian McCuaig, Lawyer. Consumer Health Products Canada: Karen Proud, President. Department of Justice: Jacinthe Bourdages, General Counsel and Director, Advisory Services and Legislative Revision Group, Legislative Services Branch; Bernard Auger, General Counsel, Advisory and Development Services Section, Legislative Services Branch; Patricia Pledge, Senior Counsel, Advisory and Development Services Section, Legislative Services Branch.

 
Pursuant to the Order of Reference of Friday, October 24, 2014, the Committee resumed consideration of Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations.
 

Karen Proud, Jonh Walter and Ian McCuaig made statements and answered questions.

On motion of Robert Goguen, it was agreed, — That a proposed budget in the amount of $600, for the study of Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators), be adopted.

On motion of Robert Goguen, it was agreed, — That a proposed budget in the amount of $1,000, for the study of Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, be adopted.

 

At 4:32 p.m., the sitting was suspended.

At 4:35 p.m., the sitting resumed.

 

Françoise Boivin moved, — That the Committee undertake a study on the best transparent process for the nomination of judges in all courts under federal jurisdiction, including the Supreme Court of Canada; and that the Committee reports its findings to the House.

After debate, the question was put on the motion and it was negatived on the following recorded division:YEAS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4; NAYS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5.

 

Jacinthe Bourdages answered questions.

 

The Committee commenced its clause-by-clause study of the Bill.

 

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

 

On Clause 2,

Ève Péclet moved, — That Bill S-2, in Clause 2, be amended

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

“(1.1) In this section, "document'' means any federal or provincial law.”

(b) by replacing line 18 on page 1 to line 7 on page 2 with the following:

“be incorporated only if it is a regulation”

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

“18.8 The Governor in Council may, by order, establish guidelines setting out standards in relation to the following:

(a) which documents are eligible for incorporation by reference in a regulation;

(b) which documents are not eligible for incorporation 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 is to be communicated to interested groups and the general public.”

 

After debate, the question was put on the amendment of Ève Péclet and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Ève Péclet moved, — That Bill S-2, in Clause 2, be amended by adding after line 7 on page 2 the following:

“(2.1) No document as it exists on a particular date or as it is amended from time to time that is a law passed by the government of a foreign country may be incorporated by reference.”

 

After debate, the question was put on the amendment of Ève Péclet and it was negatived on the following recorded division: YEAS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4; NAYS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5.

 
Ève Péclet moved, — That Bill S-2, in Clause 2, be amended by replacing line 4 on page 3 with the following:

“accessible, in particular by retaining a copy of it and making it available to the public.”

 

After debate, the question was put on the amendment of Ève Péclet and it was negatived on the following recorded division: YEAS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4; NAYS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5.

 
Ève Péclet moved, — That Bill S-2, in Clause 2, be amended by adding after line 10 on page 3 the following:

“(3) A document, index, rate or number that is incorporated by reference for which a fee is required to consult it is deemed not to be accessible.”

 

After debate, the question was put on the amendment of Ève Péclet and it was negatived on the following recorded division: YEAS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4; NAYS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5.

 

Clause 2 carried on the following recorded division: YEAS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5; NAYS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4.

 

Clause 3 carried on the following recorded division: YEAS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5; NAYS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4.

 

Clause 4 carried on the following recorded division: YEAS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5; NAYS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4.

 

Clause 1, Short Title, carried on the following recorded division: YEAS: Dan Albas, Blaine Calkins, Sean Casey, Bob Dechert, Robert Goguen, David Wilks — 6; NAYS: Françoise Boivin, Ève Péclet, Philip Toone — 3.

 

The Title carried on the following recorded division: YEAS: Dan Albas, Blaine Calkins, Sean Casey, Bob Dechert, Robert Goguen, David Wilks — 6; NAYS: Françoise Boivin, Ève Péclet, Philip Toone — 3.

 

The Bill carried on the following recorded division: YEAS: Dan Albas, Blaine Calkins, Bob Dechert, Robert Goguen, David Wilks — 5; NAYS: Françoise Boivin, Sean Casey, Ève Péclet, Philip Toone — 4.

 

ORDERED, — That the Chair report the Bill to the House.

 

At 5:33 p.m., the Committee adjourned to the call of the Chair.

 



Jean-François Pagé
Clerk of the Committee

 
 
2014/12/11 4:07 p.m.