Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 3 - Minutes of Proceedings - December 2, 2004

OTTAWA, Thursday, December 2, 2004
(4)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:31 a.m., this day, in room 256-S, Center Block, the Joint Chairmen, the Honourable John G. Bryden and Mr. Gurmant Grewal, presiding.

Representing the Senate: The Honourable Senators Bryden and Moore (2).

Representing the House of Commons: Rob Anders, Robert Bouchard, Gurmant Grewal, Monique Guay, Art Hanger, Derek Lee, Paul Harold Macklin, p.c., and Lynn Myers (8).

In attendance: Jean-François Lafleur, joint clerk of the committee (House of Commons); from the Research Branch, Library of Parliament: François-R. Bernier, general counsel to the committee, and Rob Billingsley, counsel to the committee.

Also in attendance: The official reporters of the Senate.

The committee proceeded to consider its permanent order of reference, section 19, the Statutory Instruments Act, R.S.C. 1985, c. S-22, which follows:

Every statutory instrument issued, made or established after December 31, 1971, other than an instrument the inspection of which and the obtaining of copies of which are precluded by any regulations made pursuant to paragraph 20(d), shall stand permanently referred to any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments.

The joint chairman announced that the Minister of Health had sent a letter to the committee.

On C.R.C.c. 954 — Indian Estates Regulations, it was agreed that the Joint Chairmen correspond with the Minister of Indian Affairs and Northern Development with respect to certain comments made by the committee.

On SOR/95-401 — General Import Permit No. 100 — Eligible Agricultural Goods, amendment, it was agreed that the Joint Chairmen correspond with the minister of International Trade with respect to certain comments made by the committee.

On SOR/98-258 — Regulations Amending the Canada Pension Plan Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

The committee considered SI/2003-49 — Order Repealing Certain Orders Made Under the Territorial Lands Act [Miscellaneous Program].

On SOR/2000-374 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

On SOR/94-34 — Aviation Occupational Safety and Health Regulations, amendment, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

On SOR/93-56 — Marine Mammal Regulations, it was agreed that counsel to the committee correspond with the designated instruments officer of the Department of Fisheries and Oceans with respect to certain comments made by the committee.

On SOR/2000-290 — Regulations Amending the Canada Student Financial Assistance Regulations; SOR/2004-120 — Regulations Amending the Canada Student Financial Assistance Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

On SOR/2001-219 — Northwest Territories Archaeological Sites Regulations; SOR/2001-220 — Nunavut Archaeological and Palaeontological Sites Regulations, it was agreed that counsel to the committee correspond with the designated instruments officer of the Department of Indian Affairs and Northern Development with respect to certain comments made by the committee.

On SOR/2001-284 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that counsel to the committee correspond with the designated instruments officer of the Department of Human Resources and Skills Development with respect to certain comments made by the committee.

On SOR/2001-535 — Regulations Amending the Passport Services Fees Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

On SOR/98-287 — Regulations Amending the Canada Student Loans Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

On Weights and Measures Specifications, SGM-1, SGM-3, and SGM-7, it was agreed that counsel to the committee correspond with the designated instruments officer of the Department of Industry with respect to certain comments made by the committee.

The committee considered SOR/2001-34 — Regulations Amending the Export Permits Regulations; SOR/2001-155 — Rules Amending the Bankruptcy and Insolvency General Rules; SOR/2001-360 — United Nations Suppression of Terrorism Regulations; SOR/2001-450 — Regulations Amending the Contraventions Regulations; SOR/2003-176 — Regulations Amending the Quebec Fishery Regulations (1990) and the Aboriginal Communal Fishing Licenses Regulations.

The committee considered SI/2004-117 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order; SI/2004-118 — Order Amending the Privacy Act Heads of Government Institutions Designation Order; SOR/2002-113 — Regulations Amending certain Labour Branch, Department of Human Resources Development Regulations (Miscellaneous Program); SOR/2003-110 — Miscellaneous Amendments Order Amending Certain Orders Made under the Foreign Missions and International Organizations Act (Miscellaneous Program); SOR/2003-194 — Order Cancelling General Export Permit No. Ex. 28 — Angola; SOR/2003-211 — Regulations Amending the Copyright Regulations; SOR/2003-222 — Regulations Repealing the United Nations Angola Regulations; SOR/2004-168 — Technical Amendments Regulations (Customs Tariff) 2004-1; SOR/2001-31 — Technical Amendments Order (Customs Tariff) 2000-4.

The committee considered the following statutory instruments without comment:

SI/2000-9 — Royal Canadian Mounted Police Remission Order;

SI/2000-23 — National Parks Land Rents Remission Order;

SI/2000-54 — Firearms Fees Remission Order;

SI/2000-69 — Indian Settlements Remission Order (2000);

SI/2000-70 — Office of the Interim Commissioner of Nunavut Remission Order;

SI/2000-99 — Tr'ondëk Hwëch'in (GST) Remission Order;

SI/2000-100 — Vuntut Gwitchin First Nation (GST) Remission Order;

SI/2000-101 — Selkirk First Nation (GST) Remission Order;

SI/2000-102 — Champagne and Aishihik First Nations (GST) Remission Order;

SI/2000-103 — Little Salmon/Carmacks First Nation (GST) Remission Order;

SI/2000-104 — Teslin Tlingit Council (GST) Remission Order;

SI/2001-35 — Holders of the Commercial Salmon Fishing Licences Remission Order;

SI/2001-47 — First Nation of Nacho Nyak Dun (GST) Remission Order;

SI/2001-51 — Order Transferring from the Prime Minister to the President of the Treasury Board the control and supervision of The Leadership Network;

SI/2001-60 — Order Designating the Commission on the Future of Health Care in Canada as a Department and the Prime Minister as Appropriate Minister;

SI/2001-73 — Order Transferring from the Minister of Indian Affairs and Northern Development to the Deputy Prime Minister and Minister of State the Control and Supervision of the Office of Indian Residential Schools Resolution of Canada;

SI/2001-74 — Order Designating the Office of Indian Residential Schools Resolution of Canada as a Department and the Executive Director and Deputy Head as the Deputy Head for Purposes of that Act;

SI/2001-96 — Order Transferring to the Canada Information Office the Control and supervision of the portion of the public service known as the Communications Coordination Services Branch of the Department of Public Works and Government Services;

SI/2001-119 — Order Fixing December 6, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-15 — Order Fixing December 21, 2001 as the Date of the Coming into Force of the Act;

SI/2002-18 — Order Assigning the Honourable Gar Knutson to Assist the Minister of Foreign Affairs;

SI/2002-40 — Order Fixing February 2, 2002 as the Date of the Coming into Force of the Act;

SI/2002-57 — Order Fixing March 22, 2002 as the Date of the Coming into Force of the Act;

SI/2002-68 — James Hildebrand and Lois Hildebrand Remission Order;

SI/2002-77 — Order Fixing April 19, 2002 as the Date of the Coming into Force of the Act;

SI/2002-82 — Gateway Hotels Ltd. Remission Order;

SI/2002-91 — Order Fixing April 1, 2003 as the Date of the Coming into Force of the Act;

SI/2002-102 — Order Fixing Certain Dates of the Coming into Force of Certain Sections of the Act;

SI/2002-105 — Order Fixing July 22, 2002 as the Date of the Coming into Force of that Act;

SI/2002-106 — Order Fixing the Coming into Force of Certain Provisions of that Act and revoking P.C. 2002- 1074 of June 13, 2002;

SI/2002-125 — Proclamation Proroguing Parliament to September 30, 2002;

SI/2002-126 — Proclamation Summoning Parliament to Meet September 30, 2002 (Despatch of Business);

SI/2002-127 — Proclamation Designating the "Fire Prevention Week'';

SI/2002-133 — Robert Barr Remission Order;

SI/2002-134 — Pamjit Cheema Remission Order;

SI/2002-135 — Ruth Clare Remission Order;

SI/2002-136 — David Derksen and Nita Derksen Remission Order;

SI/2002-137 — Alfredo Maida and Maria Maida Remission Order;

SI/2002-138 — Karen Fraser and Ian Schofield Remission Order;

SI/2002-139 — Order Fixing November 15, 2002 as the Date of the Coming into Force of the Act;

SI/2002-146 — Order Fixing November 1, 2002 as the Date of the Coming into Force of the Act;

SI/2002-158 — Brian Alm Remission Order;

SI/2002-159 — Iris Wileman Remission Order;

SI/2002-162 — Order Fixing December 9, 2002 as the Date of the Coming into Force of the Act;

SOR/99-295 — Agricultural Marketing Programs Regulations;

SOR/2001-177 — Assessment of Financial Institutions Regulations, 2001;

SOR/2001-218 — Yukon Archaeological Sites Regulations;

SOR/2001-221 — Regulations Amending the Income Tax Regulations;

SOR/2001-343 — Regulations Amending the Agricultural Marketing Programs Regulations;

SOR/2001-355 — Regulations Amending the Tobacco Departmental Regulations;

SOR/2001-359 — Order 2001-87-08-01 Amending the Domestic Substances List;

SOR/2001-366 — Ancillary Activities (Insurance Companies, Canadian Societies and Insurance Holding Companies) Regulations;

SOR/2001-368 — Commercial Loan (Insurance Companies, Canadian Societies and Insurance Holding Companies) Regulations;

SOR/2001-382 — Exempt Debt Obligation Transactions (Banks and Bank Holding Companies) Regulations;

SOR/2001-389 — Financial Leasing Entity Regulations;

SOR/2001-391 — Information Processing Activities (Banks and Authorized Foreign Banks) Regulations;

SOR/2001-392 — Investment Limits (Bank Holding Companies) Regulations;

SOR/2001-393 — Investment Limits (Banks) Regulations;

SOR/2001-394 — Investment Limits (Canadian Societies) Regulations;

SOR/2001-398 — Investment Limits (Trust and Loan Companies) Regulations;

SOR/2001-407 — Name Use (Foreign Banks) Regulations;

SOR/2001-408 — Name Use by Non-financial Businesses (Excluded Entities) Regulations;

SOR/2001-409 — Name Use in Securities-related Transactions (Banks and Bank Holding Companies) Regulations;

SOR/2001-410 — Name Use in Securities-related Transactions (Insurance Companies and Insurance Holding Companies) Regulations;

SOR/2001-427 — Specialized Financing (Cooperative Credit Associations) Regulations;

SOR/2001-428 — Specialized Financing (Banks) Regulations;

SOR/2001-429 — Specialized Financing (Life Companies) Regulations;

SOR/2001-430 — Specialized Financing (Retail Associations) Regulations;

SOR/2001-431 — Specialized Financing (Trust and Loan Companies) Regulations;

SOR/2001-432 — Specialized Financing (Foreign Banks) Regulations;

SOR/2001-467 — Order Amending the Schedule to the Customs Tariff, 2001-3 (Machinery);

SOR/2001-474 — Financial Consumer Agency of Canada Assessment of Financial Institutions Regulations;

SOR/2001-475 — Money Market Mutual Fund Conditions Regulations;

SOR/2001-477 — Specialized Financing (Bank Holding Companies) Regulations;

SOR/2001-478 — Specialized Financing (Insurance Holding Companies) Regulations;

SOR/2001-510 — Order Amending the Schedule to the Customs Tariff, 2001-4;

SOR/2001-517 — Regulations Amending the Contraventions Regulations;

SOR/2001-521 — Regulations Amending the Immigration Regulations, 1978;

SOR/2001-525 — Regulations Amending the Immigration Regulations, 1978.

The committee considered its schedule.

At 9:20, the committee adjourned to the call of the Joint Chairmen.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)