Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 10 - Minutes of Proceedings

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:30 a.m. this day, in room 256-S, Centre Block, the Joint Chairs, the Honourable Céline Hervieux-Payette, P.C., and Mr. Gurmant Grewal, M.P., presiding

Representing the Senate: The Honourable Senators Céline Hervieux-Payette, P.C., Wilfred P. Moore, Pierre Claude Nolin, and Terry Stratton (4).

Representing the House of Commons: Sue Barnes, Pierre Brien, John Cummins, John Duncan (for Ted White), Gurmant Grewal, Michel Guimond, Derek Lee, Paul Macklin, Lynn Myers, Chuck Strahl (for Jim Pankiw), Maurice Vellacott (for Jim Gouk), and Tom Wappel (12).

In attendance: Jean Michel Roy, Joint Clerk of the Committee (House of Commons); and François-R. Bernier and Peter Bernhardt, Counsel to the Committee, Parliamentary Research Branch, Library of Parliament.

Also in attendance: The official reporters of the Senate.

The committee considered 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.

It was agreed that the committee adopt the following schedule for its hearings to summer 2002:

Thursday, February 7, 2002; Thursday, February 21, 2002; Thursday, March 14, 2002; Thursday, April 11, 2002; Thursday, April 25, 2002; Thursday, May 9, 2002; Thursday, May 30, 2002; and Thursday, June 13, 2002.

The committee considered a draft report on C.R.C.c. 1238 - Northwest Territories Reindeer Regulations.

Mr. Wappel moved that the report be adopted.

The question being put on the motion, it was adopted.

On C.R.C. c. 1325 - Public Lands Mineral Regulations, and SOR/2000-72 - Regulations Amending the Small Vessel Regulations, it was agreed that the Minister of Justice and Attorney General of Canada and her officials be invited to appear before the committee.

On SOR/85-588 - Narcotic Control Regulations, amendment, it was agreed that the Joint Chairs correspond with the Minister of Health with respect to certain comments made by the committee.

The committee proceeded to consider the following statutory instruments:

SOR/93-332 - Aboriginal Communal Fishing Licences Regulations;

SOR/94-390 - Aboriginal Communal Fishing Licences Regulations, amendment;

SOR/904-531 - Aboriginal Communal Fishing Licences Regulations, amendment; and

SOR/95-106 - Aboriginal Communal Fishing Licences Regulations, amendment.

After debate, Mr. Strahl moved that a report recommending disallowance of the statutory instruments be prepared.

After debate, the question being put on the motion, it was adopted, on a show of hands: yeas - 8; nays - 7; abstentions - 0.

On SOR/97-400 - Regulations Amending the Migratory Birds Regulations, it was agreed that the file be closed.

The committee considered SOR/98-508 - Order Amending the Domestic Substances List.

On SOR/2000-266 - Regulations Amending the Humanitarian Designated Classes Regulations, it was agreed that the file be closed.

On SOR/97-138 - Indian Bands Council Elections Order, it was agreed that the Joint Chairs correspond with the Minister of Indian Affairs and Northern Development with respect to certain comments made by the committee.

On SOR/2000-196 - Regulations Amending the Food and Drug Regulations (1194 Diflufenzopyr), and SOR/98-271 - Regulations Amending the Humanitarian Designated Classes Regulations, it was agreed that the file be closed.

The committee considered Report No. 39 (Fifth Report of the Standing Joint Committee for the Scrutiny of Regulations).

On SOR/91-152 - Chlorobiphenyls 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 C.R.C. c. 1035 - Migratory Birds Regulations, and SOR/85-694 - Migratory Birds Regulations, amendment, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of the Environment with respect to certain comments made by the committee.

The committee considered SOR/99-157 - Regulations Repealing the Designation of Certain Public Ports and Public Port Facilities, and SOR/2001-154 - Public Ports and Public Port Facilities Regulations.

The committee considered the following statutory instruments:

SOR/98-217 - Regulations Amending the Gasoline Regulations;

SOR/99-437 - Regulations Amending the Exclusion List Regulations;

SOR-2000-148 - Regulations Amending the Food and Drug Regulations (1115-Quizalofopethyl);

SOR/95-531 - Miscellaneous Amendments Regulations (Department of Indian Affairs and Northern Development) 1995-1;

SOR/96-549 - Yukon Timber Regulations, amendment;

SOR/99-472 - Order Amending Schedule I to the Hazardous Products Act (Miscellaneous Program);

SOR/2000-98 - Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/2001-76 - Regulations Amending the Canadian Forces Superannuation Regulations;

SOR/2001-120 - Regulations Amending the National Energy Board Act Part VI (Oil and Gas) Regulations (Miscellaneous Program);

SOR/2001-163 - Regulations Amending the Yukon Forest Protection Regulations; and

SOR/2001-181 - Regulations Amending the Food and Drug Regulations (907 - Linguistic Harmonization).

The committee considered the following statutory instruments without comment:

SOR/94-696 - Oshawa Harbour Commission By-laws, amendment;

SOR/94-698 - Miscellaneous Amendments By-law (Thunder Bay Harbour Commission) 1994;

SOR/95-64 - Income Tax Regulations, amendment;

SOR/95-165 - Quebec Fishery Regulations, 1990, amendment;

SOR/95-271 - Public Harbours Regulations, amendment;

SOR/95-514 - Royal Canadian Mounted Police Regulations, 1988, amendment;

SOR/96-196 - Public Harbours Regulations, amendment;

SOR/97-202 - Regulations Amending the Immigration Act Fees Regulations;

SOR/97-399 - Commissioner's Standing Orders (Representation), 1997;

SOR/99-198 - Order Amending the Domestic Substances List;

SOR/99-300 - Regulations Defining Certain Expressions for the Purpose of Section 21.1 of the Foreign Publishers Advertising Services Act;

SOR/99-305 - Order Amending the National Historic Parks Order;

SOR/99-306 - Special Appointment Regulations, No. 1999-6;

SOR/99-312 - Order Designating the Canadian Food Inspection Agency for purposes of paragraph 62(1)(a) of the Act;

SOR/99-314 - Regulations Amending the Food and Drug Regulations (1110 - Chlorpyrifos);

SOR/99-315 - Regulations Amending the Food and Drug Regulations (1113 - Glufosinate-ammonium);

SOR/99-316 - Regulations Amending the Food and Drug Regulations (1176 - Tebufenozide);

SOR/99-322 - Regulations Amending the Income Tax Regulations;

SOR/99-329 - Regulations Amending the Immigration Regulations, 1978;

SOR/99-332 - Regulations Amending Schedule III to the Municipal Grants Act;

SOR/99-340 - Regulations Amending the Canadian Forces Superannuation Regulations;

SOR/99-343 - Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/99-348 - Regulations Prescribing Networks (Copyright Act);

SOR/99-349 - Regulations Amending the Alberta Fishery Regulations, 1998;

SOR/99-353 - Order designating the Parks Canada Agency for purposes of paragraph 62(1)(a) of the Act;

SOR/99-354 - Order designating the National Capital Commission for purposes of paragraph 62(1)(a) of the Act;

SOR/99-355 - Regulations Amending the Coal Mining Safety Commission Regulations;

SOR/99-356 - Regulations Amending the Employment Equity Regulations;

SOR/99-373 - Regulations Amending the Food and Drug Regulations (1075 - Additions to Schedule F);

SOR/99-376 - Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Yukon Territory (Order No.2, 1999);

SOR/99-377 - Order designating the Canada Customs and Revenue Agency for purposes of paragraph 62(1)(a) of the Act;

SOR/99-378 - Regulations Amending the Supplementary Death Benefit Regulations;

SOR/99-385 - By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Information By-law;

SOR/99-387 - Regulations Amending the Income Tax Regulations;

SOR/99-391 - Regulations Amending the Canadian Wheat Board Regulations;

SOR/99-394 - Regulations Amending the Manufactures in Bond Regulations;

SOR/99-395 - Special Appointment Regulations, No. 1999-7;

SOR/99-396 - Special Appointment Regulations, No. 1999-8;

SOR/99-397 - Special Appointment Regulations, No. 1999-9;

SOR/99-398 - Special Appointment Regulations, No. 1999-10;

SOR/99-399 - Order Amending the Order Amending Schedule 1.1 to the Financial Administration Act;

SOR/99-400 - Order Amending the Order Amending Schedule I to the Public Service Staff Relations Act;

SOR/99-401 - Order Amending the Order Amending Schedule I to the Access to information Act; and

SOR/99-402 - Order Amending the Order Amending the Schedule to the Privacy Act.

At 10:00 a.m., it was agreed that the committee adjourn to the call of the Joint Chairs.

ATTEST:

Till Heyde

Joint Clerk of the Committee (Senate)