Standing Joint Committee for the Scrutiny of Regulations.

• Author: Grimard, Normand

A lawyer, Normand Grimard was appointed to the Senate in 1990. He is author of L'indispensable Senat: Defense d'une institution mal aimee, Editions vent d'ouest, Hull, 1995.

Regulations give form and substance to legislation. Departmental officials design regulations, also called delegated legislation, within the established limits of their authority and in accordance with other criteria set by Parliament. Scrutinizing individually the thousands of pages of federal regulations--a task essential in protecting any democracy--is the painstaking work of the members of the Standing Joint Committee for the Scrutiny of Regulations and the Committee's Legal Counsel. In this article Senator Normand Grimard, a member of this Committee for eight years and its Joint Chair for three, outlines the Committee's methods, criteria, and purposes.

Every other Thursday, the Standing Joint Committee for the Scrutiny of Regulations meets in the Parliament Buildings in Ottawa. If you happened by at that time, on the second floor of the Centre Block near the Senate Chamber you would notice there are no crowds of curious onlookers or flocks of reporters. Nor is there any need to lock the doors to prevent Senators, MPs and members of the public from storming the Committee room door. As its name states, this Joint Committee is a creature of both Houses of Parliament. Membership on this Committee may be the least desirable position on Parliament Hill, because the dry, legal subjects on its agendas rarely showcase parliamentarians. Nevertheless this Committee, misunderstood, ignored and even considered laughable is an essential watchdog in controlling bureaucracy and protecting democracy.

When I was appointed Senator eight years ago, my Whip gave me the task of making the views of the Progressive Conservative Party heard on this Committee. I have been a member ever since, studying its agendas and taking part in its decisions. From 1990 to 1993, I was Joint Chair of the Committee. It is for these reasons that I am endeavouring today to describe the factors that govern the Committee's work.

Legislation is written in general terms; regulations make the intent of Parliament more complete and specific. For example, it would be disastrous if legislation already passed were returned to the House of Commons every time a tariff was to be changed, a fee paid, or a means of implementation decided upon.

Administrative discretion requires that certain parameters be respected and...