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Environment committee Yes, that is the original bill. That's correct.
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee That's correct, Mr. Regan. These statutes have already been through the....
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee Thank you, Mr. Godfrey. It is the government's position that the amendments that are put forth today would take care of these problems.
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee Thank you, Mr. Regan. The position is that the bill has some problems with the heads of power insofar as it can't fall under the criminal law power. If you consider Bill C-307, you'll notice that the regulation-making powers don't specifically refer to CEPA. That being said, we
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee It is a long-standing principle that under criminal law you require three criteria to be justified under this head of power, the first one being a criminal law purpose that is backed by a prohibition and a sanction.
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee This is in response to Mr. Warawa's comment in relation to the constitutionality. It is indeed the government's position that the bill, as currently drafted, is not supported by the legislative heads of power that are assigned to Parliament under the Constitution Act, 1867.
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee The position is in relation to the bill as it was presented.
May 3rd, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee Thank you. The Food and Drugs Act is indeed tailored to deal with products such as cosmetics. There are currently cosmetics regulations under the act. They're an enforcement regime that is, again, tailored to these kinds of products. I really can't speak to this with much profic
May 1st, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee That's correct, Mr. Warawa. I guess this brings us to the question of the bill itself. There are a number of concerns with Bill C-307. To begin with, it is unclear under what authority the Minister of the Environment is expected to make these regulations.
May 1st, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee Thank you, Mr. Chair. I wish to clarify that Justice is not opposed in any way to the interpretation of the legislative clerk. The government's position, however, is that these amendments are necessary in order to ensure the validity of the bill if it passes. As I was saying, I
May 1st, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee Thank you, Mr. Chair. CEPA is a statute that has regulatory authority that would allow us to make some regulations with regard to cosmetics, toys, and so on. The concern is that these regulations are now found in other statutes that are tailored to these needs: the Food and Drug
May 1st, 2007Committee meeting
Jean-Sébastien Rochon
Environment committee Thank you, Mr. Chair. With the amendments proposed by the government, there would be no need to specify that “Minister” refers to the Minister of the Environment. The reason is that the motions put forward by the government would rely on the Food and Drugs Act, which is an act a
May 1st, 2007Committee meeting
Jean-Sébastien Rochon