Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 9 - Minutes of Proceedings

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 9:10 a.m., this day, in room 356-S, Centre Block.

Members of the committee present:

Representing the Senate: The Honourable Senator: Wilfred P. Moore (1).

Representing the House of Commons: John Bryden, Derek Lee, Grant McNally, Ian Murray, Lynn Myers, Gary Pillitteri, Pierrette Venne and Tom Wappel (8).

In attendance: Parliamentary Research Branch: François-R. Bernier, General Counsel to the committee; and Peter Bernhardt, Counsel to the committee.

Also in attendance: The official reporters of the Senate.

The committee continued its consideration of its permanent Order of Reference, section 19, The Statutory Instruments Act, R.S.C. 1985, c. S-22, which follows:

19. 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.

Pursuant to Standing Order 106(1) of the House of Commons, the Joint Clerk of the committee for the House of Commons presided over the election of the Joint Chairman for the House of Commons.

It was moved by Mr. Grant McNally, -- That Gurmant Grewal be Joint Chairman of this committee.

The question being put on the motion, it was -- resolved in the affirmative.

The Joint Clerk of the committee for the House of Commons declared Gurmant Grewal duly elected, in absentia, Joint Chairman of the committee.

In the absence of both Joint Chairmen, the Joint Clerk of the committee for the House of Commons invited motions to elect an Acting Joint Chairman of the committee.

Mr. Tom Wappel moved, -- That Derek Lee be elected as Acting Joint Chairman for this meeting.

The question being put on the motion, it was -- resolved in the affirmative.

Mr. Lee was invited to take the Chair.

Mr. Lee presided over the election of the Vice-Chairman.

The Honourable Senator Moore moved, -- That Tom Wappel be Vice-Chairman of this committee.

The question being put on the motion, it was -- resolved in the affirmative.

The Acting Chairman invited Mr. Wappel, as Vice-Chairman, to chair the meeting.

Mr. Wappel took the Chair.

At 9:15 a.m., Mr. Bernhardt briefed members on the status of SOR/93-43 -- Order Varying a "letter decision" (Chandler Subdivision) Issued by the National Transportation Agency (Before the committee on October 19, 1995, September 26, 1996, February 20, 1997, November 20, 1997, November 26, 1998, February 11, 1999, March 18, 1999 and March 2, 2000).

WITNESSES:

From Transport Canada:

David McGovern, Executive Director, Rail Policy;

Jacques E. Pigeon, General Counsel, Legal Services.

At 9:20 a.m., Mr. Jacques E. Pigeon made introductory remarks and answered questions.

Mr. Pigeon tabled a one-page document with the Joint Clerk of the committee which was retained as Exhibit No. 6000-2.36/9 "1".

On SOR/98-248 -- Order Amending the Export Control List and SOR/99-99 -- Order Amending the Export Control List,

It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Department of Foreign Affairs and International Trade with respect to certain comments made by the committee.

On SOR/2000-251 -- Regulations Amending the Royal Canadian Mounted Police Regulations, 1988,

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/91-572 -- Prohibited Weapons Control Regulations and SOR/92-436 -- Prohibited Weapons Control Regulations, amendment (Before the committee on March 23, 1995, December 7, 1995 and February 20, 1997),

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/94-240 -- Canada Ports Corporation Administrative By-law, revocation; SOR/94-319 -- Prince Rupert Port Corporation Administrative By-law, revocation; SOR/94-332 -- Halifax Port Corporation Administrative By-law, revocation; SOR/94-360 -- St. John's Port Corporation Administrative By-law, revocation; SOR/95-318 -- Port of Quebec Corporation Administrative By-law, repeal and SOR/95-460 -- Vancouver Port Corporation Administrative By-law, repeal (Before the committee on May 16, 1996, May 28, 1998, May 27, 1999 and March 2, 2000),

It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Department of Transport with respect to certain comments made by the committee.

On SOR/98-315 -- Order Repealing Certain Directions to the St. Laurent Seaway Authority,

It was agreed, -- That the file be closed.

On SOR/96-474 -- Arctic Shipping Pollution Prevention Regulations, amendment,

It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Department of Transport with respect to certain comments made by the committee.

The committee considered the following Statutory Instruments without comment.

SOR/95-330 -- Canada Student Loans Regulations, amendment; SOR/95-332 -- Export Tax Exemption Regulations (Tobacco Products), amendment; SOR/95-532 -- Miscellaneous Amendments Regulations (Department of Industry) 1995-1; SOR/96-1 -- Atlantic Fishery Regulations, 1985, amendment; SOR/96-34 -- Exported Motor Vehicles Drawback Regulations; SOR/96-42 -- Goods Imported and Exported Refund and Drawback Regulations; SOR/96-366 -- Motor Vehicle Safety Regulations, amendment; SOR/97-134 -- Regulations Amending the Indian Bands Council Methods of Election Regulations; SOR/97-277 -- Regulations Amending the Government Property Traffic Regulations; SOR/98-54 -- Regulations Amending the Goods Imported and Exported Refund and Drawback Regulations; SOR/98-70 - Order Amending the General Import Permit No. 1 -- Dairy Products for Personal Use; SOR/98-110 -- Regulations Amending the Air Services Charges Regulations; SOR/98-199 -- Firearms Licences Regulations; SOR/98-201 -- Firearms Registration Certificates Regulations; SOR/98-202 -- Conditions of Transferring Firearms and other Weapons Regulations; SOR/98-204 -- Firearms Fees Regulations; SOR/98-205 -- Aboriginal Peoples of Canada Adaptations Regulations (Firearms); SOR/98-207 -- Authorizations to Carry Restricted Firearms and Certain Handguns Regulations; SOR/98-208 -- Special Authority to Possess Regulations (Firearms Act); SOR/98-241 -- Regulations Amending the Determination of the Tariff Classification of Sugar, Molasses and Sugar Syrup Regulations; SOR/98-422 -- Order Amending the Schedule to the Customs Tariff, 1998-3; SOR/98-442 -- Regulations Amending the Canadian Aviation Regulations (Part III); SOR/99-35 -- Order Amending the Canada Turkey Marketing Levies Order; SOR/99-112 -- Regulations Amending the Motor Vehicle Safety Regulations (Lighting and Retroreflective Devices); SOR/99-141 -- Canada Small Business Financing Regulations; SOR/99-146 -- Regulations Amending the Immigration Regulations, 1978; SOR/99-166 -- Regulations Amending the Pulp and Paper Effluent Regulations; SOR/99-205 -- Certain Imported Goods Remission Order; SOR/99-217 -- Regulations Amending the Wildlife Area Regulations; SOR/99-220 -- Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990; SOR/99-228 -- Regulations Amending the Immigration Act Fees Regulations; SOR/99-237 -- Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990; SOR/99-250 -- XIII Pan American Games Remission Order; SOR/99-251 -- Order Amending Schedule I to the Federal-Provincial Fiscal Arrangements Act; SOR/99-252 -- Order Amending Schedule I to the Federal Provincial Fiscal Arrangements Act; SOR/99-254 -- Regulations Amending the Immigration Regulations, 1978; SOR/99-301 -- Regulations Amending the Public Service Employment Regulations, 1993; SOR/99-310 -- Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990; SOR/99-363 -- Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990; SOR/99-389 -- Regulations Amending the Canada Pension Plan Regulations and SOR/99-454 -- Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990 and SOR/99-471 -- Regulations Amending the Form of Proxy (Banks) Regulations (Miscellaneous Program)

At 10:25 a.m., the committee adjourned to the call of the Joint Chairmen.

ATTEST:

Jill Anne Joseph

Joint Clerk of the Committee (Senate)