Chapter XIV — Delegated Legislation

Notes on Standing Order 123 to 128:

[1]

For an historical perspective on delegated legislation in the Canadian federal system, see Chapter 17 of House of Commons Procedure and Practice, pp. 686-7.

[2]

The mandate of the Standing Joint Committee is found in Standing Order 108(4); in the Statutory Instruments Act, R.S.C. 1985, c. S-22, ss. 11(1) and 19, as amended in June 2003; and in the Statute Revision Act, R.S.C. 1985, c.S-20, sbs. 19(3). At the beginning of each session, the Joint Committee normally provides each House with the criteria under which it intends to review the statutory instruments referred to it. See, for example, the First Report of the Standing Joint Committee, presented and adopted on October 21, 2004 (Journals, pp. 130, 132) in the First Session of the Thirty-Eighth Parliament.

[3]

For an example of when the Standing Joint Committee presented two disallowance reports on consecutive days in order to comply with this requirement, see Journals, February 11, 1999, p. 1500; February 12, 1999, p. 1504. Both of these reports were adopted in the Committee at the same time (see Minutes of Proceedings of Meeting No. 18 of the First Session of the Thirty-Sixth Parliament).

[4]

For an example of when the House adjourned prior to the ordinary hour of daily adjournment and the report was deemed adopted, see Journals, December 12, 1991, pp. 938, 940 and Debates, December 12, 1991, pp. 6215-6, noting especially the remarks of the Speaker.

[5]

Standing Order 126(2) suspends the provisions of Standing Order 45(5) in this case, but makes no mention of Standing Order 45(7). See House of Commons Procedure and Practice, p. 696, Note 68.

[6]

Journals, October 14, 1971, p. 870. This Committee has been called the Standing Joint Committee for the Scrutiny of Regulations since June 1988 (Journals, June 2, 1988, p. 2778).

[7]

Debates, October 14, 1971, pp. 8679-81.

[8]

See pages 35-6 of the Third Report of the Special Committee on the Reform on the House of Commons, presented on June 18, 1985 (Journals, p. 839).

[9]

The amendments were tabled on February 6, 1986 (Journals, p. 1652) and concurred in on February 13, 1986 (Journals, p. 1710). Clarifying changes to these Standing Orders were adopted in 1987. The report was presented on December 7, 1987 (Journals, pp. 1934-7) and concurred in on December 18, 1987 (Journals, p. 2017).

[10]

See amendment to Standing Order 123(1) recommended in the Eleventh Report of the Standing Committee on Privileges and Elections presented on March 19, 1990 (Journals, pp. 1362-3) and adopted on April 11, 1990 (Journals, p. 1565). See also amendments to Standing Orders 123, 125, and 126 tabled as part of a group of Standing Order amendments on March 26, 1991 (Journals, pp. 2801, 2825) and adopted on April 11, 1991 (Journals, pp. 2929-30).

[11]

Journals, June 19, 2003, p. 940.

[12]

See the Fifty-Third Report of the Standing Committee on Procedure and House Affairs presented and concurred in on November 5, 2003 (Journals, p. 1237).

[13]

See Journals, May 13, 2004, pp. 416-7; Debates, May 13, 2004, pp. 3115-6.

[14]

 See the Third Report of the Committee presented in the Second Session of the Thirty-Third Parliament (Journals, February 19, 1987, pp. 508-9); the Second, Third and Sixth Reports of the Committee presented in the Third Session of the Thirty-Fourth Parliament (Journals, October 10, 1991, p. 468; November 19, 1991, p. 682; November 19, 1992, p. 2078 respectively); the Third Report of the Committee presented in the First Session of the Thirty-Fifth Parliament (Journals, May 11, 1995, p. 1463); the Third and Fourth Reports of the Committee presented in the First Session of the Thirty-Sixth Parliament (Journals, February 11, 1999, p. 1500; February 12, 1999, p. 1504 respectively); the Second and Fourth Reports of the Committee presented in the First Session of the Thirty-Seventh Parliament (Journals, June 7, 2001, p. 505; December 6, 2001, p. 926); the Second Report of the Committee presented in the First Session of the Thirty-Eighth Parliament (Journals, May 9, 2005, p. 720). In each case except the first and the last, the recommendation of the Committee was agreed to.

[15]

In the first case, the Third Report of the Committee was presented on February 19, 1987 and, pursuant to the Standing Orders then in place, a motion for concurrence in the report was placed on the Notice Paper in the name of the Chair of the Committee. Debate on the motion for concurrence then occurred (following some remarks from the Speaker expressing concern on the form of the report) on Wednesday, March 18, 1987 for a period of approximately 25 minutes. The report was referred back to the Standing Joint Committee for further consideration and the sitting was suspended until 2:00 p.m. that day. See Journals, March 18, 1987, p. 610. The matter was not resubmitted to the House. In the second case, the Second Report of the Committee was presented on May 9, 2005 and, pursuant to the (revised) Standing Orders then in place, the Minister of Fisheries and Oceans gave notice of a motion not to concur in the Report but to refer the matter back to the Standing Joint Committee. Debate on the motion took place on Wednesday, June 8, 2005, between 1:00 and 2:00 p.m., for the full hour. The vote on the motion was then deferred to the expiry of Government Orders that day. The motion was adopted on a recorded division. See Journals, June 8, 2005, pp. 849-50, 853-4.

[16]

See for example, the Second Report of the Standing Joint Committee presented on April 8, 2003 (Journals, p. 664), where the Committee noted the divergence of rules and practices of the Senate and House as they related to the role, functions and powers of the Joint Committee. As well, in its Fourth Report to the House presented on June 12, 2003 (Journals, p. 915), the Special Committee on the Modernization and Improvement of the Procedures of the House “encouraged the development of systems to ensure that the House and Members are made aware of the pre-publication of draft regulations.”