REGS Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 18

OTTAWA, Thursday, June 6, 2002

(18)

The Standing Joint Committee for the Scrutiny of Regulations met at 8:33 a.m. this day, in Room 160-S Centre Block, the Joint Chair, Mr. Gurmant Grewal, M.P, presiding.

Representing the Senate:  The Honourable Senators John G. Bryden and Jean Lapointe (2).

Representing the House of Commons:  Jean-Guy Carignan, John Cummins, Gurmant Grewal, Paul Macklin, John Maloney, Lynn Myers, Tom Wappel, and Ted White (8).

In attendance:  Till Heyde, Joint Clerk of the Committee (Senate); Jean-Michel Roy, Joint Clerk of the Committee (House of Commons); and François-R. Bernier and Jacques Rousseau, 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:

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.

On SOR/95-447 – Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations, amendment, it was agreed that the Joint Chairs correspond with the Minister of Finance with respect to certain comments made by the Committee.

On SOR/99-326 – Regulations Amending the Children’s Special Allowance Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Canada Customs and Revenue Agency with respect to certain comments made by the Committee.

The Committee considered SOR/2002-38 – Regulations Amending the Boating Restriction Regulations.

On SOR/89-330 – Lauzon Dry Docks Regulations, 1989, it was agreed that Counsel to the Committee review its status at a later date and inform the Committee of the action taken.

On SOR/98-28 – Regulations Amending Certain Instruments Made Under the Customs Tariff (Tariff Simplification), it was agreed that the file be closed.

On SOR/98-468 – Regulations Amending the Public Agents Firearms Regulations, SOR/98-469 – Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses), SOR/98-470 – Regulations Amending the Gun Shows Regulations, SOR/99-109 – Regulations Amending the Public Agents Firearms Regulations, SOR/99-110 – Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses), SOR/99-111 – Regulations Amending the Gun Shows Regulations, SOR/99-453 – Regulations Amending the Gun Shows Regulations, SOR/2000-224 - Regulations Amending the Firearms Regulations; SOR/2000-225 – Regulations Amending the Firearms Licences Regulations, SOR/2000-259 – Regulations Amending the Firearms Fees Regulations, SOR/2001-9 – Regulations Amending the Public Agents Firearms Regulations, SOR/2001-10 – Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals), SOR/2001-11 – Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses), SOR/2001 – 12 – Regulations Amending the Firearms Fees Regulations, SOR/2001 – 232 – Regulations Amending the Firearms Fees Regulations, it was agreed that the files be closed.

The Committee considered SOR/2000-386 – Technical Amendments Order (Customs tariff) 2000-3, and SOR/98-541 – Technical Amendments Order (Customs Tariff) 1998-8

On SOR/96-310 – “Svanen” Remission Order, 1996, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance with respect to certain comments made by the Committee.

On SOR/95-223 – Crown Corporations Corporate Plan, Budget and Summaries Regulations, it was agreed that the Joint Chairs correspond with the President of the Treasury Board with respect to certain comments made by the Committee.

On SOR/97-488 – Tariff Amending the Ships Registry Fees Tariff, 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/88-58 – Air Transportation Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Canadian Transportation Agency with respect to certain comments made by the Committee.

On SOR/89-123 – Canadian Exploration Incentive Program Regulations and SOR/91-452 – Canadian Exploration Incentive Program 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/90-364 – Extra-Provincial Truck Undertaking Licencing 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/98-177 – National Parks Domestic Animals Regulations, 1998, 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 SOR/85-686 – Pest Control Products Regulations, amendment and SOR/93-232 - Department of Agriculture Omnibus Amendment Order, 1993-1.

On SOR/91-659 – Non-Pleasure Craft Sewage Pollution Prevention Regulations and SOR/91-661 – Pleasure Craft Sewage Pollution Prevention 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/96-335 – Air Transportation 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/99-12 – Preliminary Screening Requirement 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/2001-162 – Regulations Amending the Yukon Timber 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/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 the Canadian Food Inspection Agency with respect to certain comments made by the Committee.

On SOR/97-106 – Order Amending the National Historic Parks Order, it was agreed that the file be closed.

On SOR/97-362 – Regulations Amending the Health of Animals Regulations, it was agreed that the file be closed.

On SOR/98-197 – Regulations Amending certain Canadian Transportation Agency Regulations (Miscellaneous Program), it was agreed that the file be closed.

On SOR/2001-97 – Special Appointment Regulations, No. 2001-1, it was agreed that the file be closed.

On SOR/97-144 – Broadcasting Licence Fee Regulations, 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/97-270 – Marine Transportation Security Regulations (Cruise Ships and Cruise Ship Facilities), it was agreed that the Joint Chairs correspond with the Minister of Transport with respect to certain comments made by the Committee.

The Committee considered the following statutory instruments:

SI/99-40 - Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/99-41 - Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SOR/96-170 - National Parks Garbage Regulations, amendment;

SOR/98-133 - Regulations Amending the Meat Inspection Regulations, 1990;

SOR/98-203 - Public Agents Firearms Regulations;

SOR/98-211 - Gun Shows Regulations;

SOR/2000-113 -Insider Reports Exemptions (Banks) Regulations;

SOR/2000-177 - Canada Deposit Insurance Corporation Notice Regulations (Compensation in Respect of the Restructuring of Federal Member Institutions);

SOR/2001-242 - Regulations Amending the Canada Grain Regulations;

SI/2000-77 - Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Dogrib Settlement Agreement, North Slave Region, N.W.T.);

SOR/87-19 - Pension Benefits Standards Regulations, 1985;

SOR/96-508 - Canada Grain Regulations, amendment;

SOR/97-26 - Technical Amendments Order (Customs Tariff), No. 7;

SOR/2000-169 - Order Repealing Certain Fees Orders and Regulations;

SOR/2001-273 - Regulations Amending the Canada Grain Regulations;

SOR/2001-295 - Miscellaneous Program Regulations Amending the Income Tax Regulations and one of the Regulations Amending the Income Tax Regulations;

SOR/2001-298 - Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2002-15 - Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program); and

SOR/2002-19 - Regulations Amending the Private Buoy Regulations.

The Committee considered the following statutory instruments without comment:

SI/93-255 - Designation of Countries (Standards Council of Canada) Order;

SI/94-105 -Canned Mackerel Support Order, amendment;

SI/96-29 - Appointment of Alternates Exclusion Approval Order;

SI/96-62 - Access to Information Act Heads of Government Institutions Designation Order, amendment;

SI/96-63 - Privacy Act Heads of Government Institutions Designation Order, amendment;

SI/97-2 - Appointment of Women to Certain Positions in the Correctional Service of Canada Exclusion Approval Order;

SI/97-6 - Order Authorizing the Minister of Industry to enter into an Agreement Governing Financial Assistance to MIL Davie Inc.;

SI/97-25 - Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting a Broadcasting Licence;

SI/97-50 - Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting CFMB Limited;

SI/97-51 - Order Declining to Set Aside or to Refer Back to CRTC a Decision Respecting CFJO-FM;

SI/97-55 - Constitution Amendment Proclamation, 1987 (Newfoundland Act);

SI/97-69 - Order Declining to Set Aside Decision CRTC 97-137;

SI/97-77 - Order Designating the Minister of Natural Resources as Minister for Purposes of the Canadian Wheat Board Act and Appropriate Minister for the Canadian Wheat Board for Purposes of the Financial Administration Act;

SI/97-88 - Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting TELUS Cable Holdings Inc.;

SI/97-119 - Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 97-293;

SI/97-120 - Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 97-294;

SI/97-126 - Order Declining to Set Aside or to Refer Decision CRTC 97-362;

SI/97-130 - Order Declining to Set Aside or to Refer Decision CRTC 97-370;

SI/98-53 - Order Fixing April 30, 1998 as the Date of the Coming into Force of Certain Sections of the Act;

SI/98-58 - Exclusion Approval Order for Certain Employees and Positions in the Royal Canadian Mounted Police;

SI/98-60 - Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Little Salmon/Carmacks First Nation, Y.T.);

SI/98-61 - Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Selkirk First Nation, Y.T.);

SI/98-76 - Order Declining to Set Aside or to Refer Back to the CRTC Certain Decisions;

SI/98-91 - Reservation to the Crown Waiver Order (Yellowknife Bay, N.W.T.);

SI/98-92 - Reservation to the Crown Waiver Order (Seepage Lake, N.W.T.);

SI/98-99 - Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Tr’o-ju-wech’ in Heritage Site, Tr’ondëk Hwëch’in First Nation, Y.T.);

SOR/99-44 - Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Design of a One Hundred Dollar Precious Metal Coin;

SOR/99-45 - By-law Amending the Saint John Harbour Dues By-law;

SOR/99-46 - Order Amending the Canadian Egg Marketing Levies Order;

SOR/99-47 - Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/99-53 - Competency of Operators of Pleasure Craft Regulations;

SOR/99-54 - Regulations Amending the Small Vessel Regulations;

SOR/99-57 - Regulations Amending the Issuance of Certificates Regulations;

SOR/99-58 - Rolls Royce Turbine Remission Order;

SOR/99-59 - Harvest Services (1995) Ltd. Remission Order;

SOR/99-60 - Regulations Amending the Canada Pension Plan Regulations;

SOR/99-66 - Order Amending Schedule I.1 to the Financial Administration Act;

SOR/99-74 - Regulations Amending the Immigration Regulations, 1978 and Making a Related Amendment;

SOR/99-77 - Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/99-80 - Regulations Amending the Canadian Chicken Licensing Regulations;

SOR/99-81 - Regulations Amending the Income Tax Regulations;

SOR/99-82 - Regulations Amending the Related Party Transactions (Trust and Loan Companies) Regulations;

SOR/99-83 - Regulations Amending the National Energy Board Electricity Regulations;

SOR/99-86 - Proclamation Designating Certain Countries as Designated States for Purposes of the Act and Designating the Civilian Personnel of the Designated States;

SOR/99-87 - Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Design of a Three Hundred and Fifty Dollar Precious Metal Coin;

SOR/99-88 - Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Design of Four Fifty Cent Precious Metal Coins;

SOR/99-89 - Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Design of Two Twenty Dollars Precious Metal Coins;

SOR/99-90 - Hydro-Québec Turbine Remission Order;

SOR/99-91 - Regulations Amending the Income Tax Regulations;

SOR/99-92 - Regulations Amending the Income Tax Regulations;

SOR/99-93 - Tobacco (Access) Regulations;

SOR/99-94 - Tobacco (Seizure and Restoration) Regulations;

SOR/99-95 - Regulations Amending the Wildlife Area Regulations;

SOR/99-96 - Regulations Amending the Food and Drug Regulations (1072);

SOR/99-97 - Regulations Amending the Food and Drug Regulations (1096);

SOR/99-100 - Order Amending Schedule I to the Federal-Provincial Fiscal Arrangements Act;

SOR/99-102 - Regulations Amending the Income Tax Regulations;

SOR/99-106 - Regulations Amending the Customs Bonded Warehouses Regulations;

SOR/99-108 - Regulations Amending the Radiocommunication Regulations;

SOR/99-115 - Regulations Amending the Family Support Orders and Agreements Garnishment Regulations;

SOR/99-119 - Regulations Amending the Delegation of Powers (VLA) Regulations;

SOR/99-129 - Converted Company Ownership Regulations;

SOR/99-135 - Public Service Official Languages Exclusion Approval Order, amendment Public Service Official Languages Appointment Regulations, amendment;

SOR/99-137 - Regulations Amending the Insurable Earnings and Collection of Premiums Regulations;

SOR/99-138 - Order Prohibiting Entry on Certain Lands in the Yukon Territory (1999, No. 1, White River First Nation, Y.T.);

SOR/99-139 - Order Prohibiting Entry on Certain Lands in the Yukon Territory (1999, No. 2, Kluane First Nation, Y.T.);

SOR/99-140 - Regulations Amending Certain Regulations under the Canada Marine Act (Miscellaneous Program);

SOR/99-143 - Limitation of the Right to Equitable Remuneration of Certain Rome Convention Countries Statement;

SOR/99-148 - Order Respecting the Remission of Anti-dumping Duties on Automotive Galvannealed Coil Steel ;

SOR/99-150 - Exclusion Approval Order and Regulations on the Career Assignment Program;

SOR/99-151 - Regulations Amending the Canada Occupational Safety and Health Regulations;

SOR/99-152 - Order Amending Schedule I.1 of the Act;

SOR/99-159 - Regulations Amending the Ships’ Stores Regulations;

SOR/99-160 - Pari-Mutuel Betting Supervision Regulations, amendment;

SOR/99-161 - Order Amending the Canadian Chicken Marketing Levies Order;

SOR/99-162 - Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/99-171 - Regulations Amending the Medical Devices (GST) Regulations;

SOR/99-172 - Regulations Amending the Specified Tangible Personal Property (GST) Regulations;

SOR/99-173 - Regulations Amending the Amalgamations and Windings-Up Continuation (GST) Regulations; and

SOR/99-174 - Regulations Amending the Artists’ Representatives (GST) Regulations.

The Committee considered its business.

At 9:33 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)