Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 3 - Minutes of Proceedings

OTTAWA, Thursday, November 3, 2011
(4)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:31 a.m., this day, in room 256-S, Centre Block, the joint Chairs, the Honourable Senator Bob Runciman and Ms. Françoise Boivin, presiding.

Representing the Senate: The Honourable Senators Braley, Frum, Harb, Moore, Runciman and Verner, P.C. (6).

Representing the House of Commons: Dan Albas, Françoise Boivin, Garry Breitkreuz, Patrick Brown, Rod Bruinooge, Pierre Dionne Labelle, Marc-André Morin, Massimo Pacetti, Andrew Saxton, Glenn Thibeault, Brad Trost and David Wilks (12).

Also present: Andrew Lauzon, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Shawn Abel, Counsel, Parliamentary Information and Research Service, Library of Parliament.

In attendance: The official reporters of the Senate.

The committee proceeded to consider its permanent order of reference, as set out in section 19 of the Statutory Instruments Act, R.S.C., 1985, c. S-22, which provides for the following:

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.

In the matter of Requests for Progress Reports from the Department of Environment, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/87-58 — Laurentian Pilotage Authority District No. 3 Regulations; and SOR/2008-80 — Regulations Amending the Laurentian Pilotage Authority Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Laurentian Pilotage Authority with respect to certain comments made by the committee.

In the matter of SOR/96-44 — Duties Relief Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2011-5 — Order Amending the Indian Bands Council Elections Order (Lax Kw'alaams), it was agreed that the file be closed.

In the matter of SOR/2001-32 — Controlled Goods Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Public Works and Government Services Canada with respect to certain comments made by the committee.

In the matter of SOR/2001-281 — By-law No. 7 Respecting the Large Value Transfer System, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2001-390 — Form of Proxy (Banks and Bank Holding Companies) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-202 — Ferry-Boats, Tankers and Cargo Vessels Remission Order, 2010; and SOR/2010- 203 — Certain Ships Remission Order, 2010, it was agreed that the files be closed.

In the matter of Notice Amending the Canadian Food Inspection Agency Fees Notice, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/92-636 — List of Hazardous Waste Authorities, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/98-443 — Environmental Assessment Review Panel Services Charges Order, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2006-239 — Regulations Amending the Metal Mining Effluent Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/92-631 — Vinyl Chloride Release Regulations, 1992, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-184 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2000-1 (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Food Inspection Agency with respect to certain comments made by the committee.

In the matter of SOR/2000-416 — Regulations Amending the Health of Animals Regulations; and SOR/2003-409 — Regulations Amending the Health of Animals Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matter of SOR/2003-296 — Regulations Amending the Wildlife Area Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-120 — Regulations Amending the Migratory Birds Regulations; SOR/2010-139 — Regulations Amending the Migratory Birds Regulations; SOR/2008-217 — Regulations Amending the Migratory Birds Regulations; and SOR/2009-190 — Regulations Amending the Migratory Birds Regulations, it was agreed that the files be closed.

In the matter of SOR/97-61 — Regulations prescribing a territory for the purposes of the definition « country » in the Customs Tariff, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2001-227 — Marihuana Medical Access Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2010-191 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2011-17 — Toys Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2009-76 — Regulations Amending the Electricity and Gas Inspection Regulations, it was agreed that the file be closed.

In the matter of SOR/2009-225 — Regulations Amending and Repealing Certain Regulations Administered by the Minister of Veterans Affairs (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2011-38 — Regulations Amending the Pulp and Paper Effluent Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2011-43 — Regulations Amending the Government Property Traffic Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2011-10 — Order Transferring from the Minister of Transport to the Minister of Public Safety and Emergency Preparedness the Powers, Duties and Functions under Paragraph 4.81(1)(b) of the Aeronautics Act;

SI/2011-11 — Order Acknowledging Receipt of the Assessment Done Pursuant to Subsection 23(1) of the Act;

SI/2011-14 — Withdrawal from Disposal of the Subsurface Rights in Certain Tracts of Territorial Lands in the Northwest Territories (Nành' Geenjit Gwitr'it Tigwaa'in/Working for the Land: Gwich'in Land Use Plan) Order;

SI/2011-15 — Order Fixing February 15, 2011 as the Day on which Sections 10 and 11 of that Act come into Force;

SI/2011-16 — Order Transferring from the Minister of Environment to the Minister of Indian Affairs and Northern Development the Powers, Duties and Functions of the Portion of the Federal Public Administration of the Mackenzie Gas Project Office;

SI/2011-18 — Order Fixing March 1, 2011 as the Day on which that Act Comes into Force;

SI/2011-19 — Suzan Gill Remission Order;

SI/2011-21 — Order Fixing April 1, 2011 and July 1, 2011 as the Dates on which Certain Sections of the Act Come into Force;

SI/2011-22 — Order Fixing April 1, 2011 as the Day on which Certain Provisions of Chapter 23 of the Statutes of Canada, 2010, Come into Force;

SI/2011-23 — Order Fixing April 29, 2011 as the Day on which that Act Comes into Force, Other than Section 12 which Came into Force on Assent;

SI/2011-24 — Mildred Jacobs Remission Order;

SI/2011-25 — Order Fixing the Day on which this Order is Made as the Day on which Sections 2137 to 2147 of that Act Come into Force;

SI/2011-26 — Kathryn Strigner Tax Remission Order;

SI/2011-27 — Pierre Dupuis Income Tax Remission Order, No. 2;

SI/2011-28 — Order Fixing November 1, 2011 as the Day on which Certain Provisions of An Act to Amend the Law Governing Financial Institutions and to Provide for Related and Consequential Matters Come into Force;

SI/2011-30 — Order Fixing March 28, 2011 as the Day on which the Abolition of Early Parole Act (Bill C-59) Comes into Force;

SI/2011-31 — Order Respecting Broadcasting Decision CRTC 2011-41 (Golden West Broadcasting Ltd.);

SI/2011-32 — Proclamation Dissolving Parliament;

SI/2011-33 — Proclamation Issuing Election Writs;

SI/2011-34 — Proclamation Summoning Parliament to Meet on May 30, 2011;

SI/2011-35 — Order Fixing April 15, 2011 as the Day on which the Protecting Victims from Sex Offenders Act Comes into Force;

SOR/2010-197 — Regulations Amending the Income Tax Regulations (Charitable Donations);

SOR/2010-205 — Order 2010-105-10-01 Amending the Domestic Substances List;

SOR/2010-210 — Order Adding Toxic Substances to Schedule I to the Canadian Environmental Protection Act, 1999;

SOR/2010-252 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2010-253 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2010-262 — Order Amending Schedule I to the Hazardous Products Act (Cribs, Cradles and Bassinets);

SOR/2010-293 — By-law Amending the Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law;

SOR/2010-299 — Regulations Amending the Hazardous Products (Toys) Regulations;

SOR/2011-7 — Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes;

SOR/2011-12 — Regulations Amending the Atlantic Fishery Regulations, 1985;

SOR/2011-13 — Regulations Repealing the Reinsurance (Canadian Companies) Regulations and the Reinsurance (Foreign Companies) Regulations;

SOR/2011-18 — Candles Regulations;

SOR/2011-24 — Regulations Amending the Consumer Chemicals and Containers Regulations, 2001;

SOR/2011-25 — Order Adding Toxic Substances to Schedule I to the Canadian Environmental Protection Act, 1999;

SOR/2011-26 — Order Adding Toxic Substances to Schedule I to the Canadian Environmental Protection Act, 1999;

SOR/2011-27 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act; and

SOR/2011-30 — Order 2011-66-01-02 Amending the Domestic Substances List.

At 9:30 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)