Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 7 - Minutes of Proceedings

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:35 a.m. this day, in room 172-E, Centre Block.

Representing the Senate: The Honourable Senators Sheila Finestone, P.C., Céline Hervieux-Payette, P.C., Wilfred P. Moore, Pierre Claude Nolin, and Terry Stratton (5).

Other senator present: The Honourable Senator Marcel Prud'homme, P.C. (1).

Representing the House of Commons: Pierre Brien (for Robert Lanctôt), Marlene Catterall (for Joe Commuzzi), John Cummins, Gurmant Grewal, Richard Harris (for Jim Gouk), Gar Knutson, Derek Lee, Paul Macklin, Lynn Myers, Jim Pankiw, Tom Wappel, and Lynne Yelich (for Ted White) (12).

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

Also in attendance: The official reporters of the Senate.

The Joint Clerk representing the House of Commons presided over the election of the House of Commons Joint Chair.

The Honourable Senator Nolin moved that Mr. Pankiw be elected House of Commons Joint Chair.

Mr. Harris moved that Mr. Grewal be elected House of Commons Joint Chair.

The question being put on the motion of the Honourable Senator Nolin, it was negatived by a show of hands: yeas 5; nays 7.

The question being put on the motion of Mr. Harris, it was adopted by a show of hands: yeas 8; nays 4.

The Joint Clerk representing the House of Commons declared Mr. Grewal duly elected House of Commons Joint Chair of the Committee.

The Joint Chairs took the Chair.

The committee proceeded to the election of a Vice-Chair.

The Honourable Senator Stratton moved that Mr. Pankiw be elected Vice-Chair of the Committee.

Mr. Lee moved that Mr. Wappel be elected Vice-Chair of the Committee.

The question being put on the motion of Mr. Pankiw, it was negatived by a show of hands: yeas 3; nays 13.

The question being put on the motion of Mr. Wappel, it was adopted by a show of hands: yeas 12; nays 3.

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 statutoryinstruments.

On SI/99-27 - Order Fixing May 29, 1999 as the Date of the Coming into Force of Certain Sections of the Act, it was agreed that the file be closed.

On SOR/93-43 - Order Varying a "letter decision" (Chandler Subdivision) Issued by the National Transportation Agency, it was agreed that the file be closed.

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 SOR/95-586 - Atlantic Pilotage Tariff Regulations, 1996.

On SI/2000-105 - Order Fixing October 27, 2000 as the Date of the Coming into Force of Certain Sections of the Act, it was agreed that the file be closed.

The committee considered SOR/2000-348 - Order Amending the Canada Turkey Marketing Levies Order.

On SOR/93-332 - Aboriginal Communal Fishing Licences Regulations; SOR/94-390 - Aboriginal Communal Fishing Licences Regulations, amendment; SOR/94-531 - Aboriginal Communal Fishing Licences Regulations, amendment;and SOR/95-106 - Aboriginal Communal Fishing Licences Regulations, amendment, it was agreed that the Joint Chairs correspond with the Minister of Fisheries and Oceans with respect to certain comments made by the Committee.

On SI/97-96 - Non-Canadian Ships Safety Order, 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/91-370 - Honey Regulations, amendment, 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 theCommittee.

On SOR/94-34 - Aviation Occupational Safety and Health Regulations, amendment, it was agreed that Counsel to the Committee correspond with the Department of Human Resources Development with respect to certain comments made by the Committee.

On SOR/94-240 - Canada Ports Corporation Administrative By-law, revocation; SOR/94-319 - Prince Rupert PortCorporation 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, 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/95-548 - Miscellaneous Amendments Regulations (Department of Agriculture and Agri-Food) 1995-2, 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/2000-411 - Regulations Amending the Canada Pension Plan Regulations, it was agreed that Counsel to the Committee correspond with the Designed Instruments Officer of the Department of Human Resources Development with respect to certain comments made by the Committee.

On SOR/98-128 - Receipt and Deposit of Public Money Regulations, 1997, it was agreed that the file be closed.

On SOR/2000-201 - Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990, it was agreed that the file be closed.

On SOR/2000-274 - Regulations Amending the Air Services Charges Regulations, it was agreed that the file be closed.

The Committee considered the following:

SOR/92-446 - Transportation Safety Board Regulations;

SOR/94-125 - Atlantic Pilotage Tariff Regulations -Newfoundland and Labrador Non-Compulsory Areas,amendment;

SOR/96-409 - Great Lakes Pilotage Tariff Regulations, amendment;

SOR/2000-70 - Ship Registration and Tonnage Regulations;

SOR/92-44 - Laurentian Pilotage Tariff Regulations, 1991; and

SOR/2000-133 - Regulations Amending certain Department of Human Resources Development Regulations (Miscellaneous Program).

The Committee considered the following Statutory Instruments without Comment:

SI/94-3 - Proclamation Declaring the Protocol to the Convention on Social Security Between Canada and Luxembourg in Force January 1, 1994;

SI/94-4 - Proclamation Declaring the Agreement on Social Security Between Jersey, Guernsey and Canada in Force January 1, 1994;

SI/94-5 - Proclamation Declaring the Agreement on Social Security Between Canada and Antigua and Barbuda in Force January 1, 1994;

SI/94-6 - Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994;

SI/95-18 - Income Tax Remission Order (Yukon Territory Lands);

SI/95-69 - Order Transferring to the Minister of Finance the Powers, Duties and Functions of the Minister of Indian Affairs and Northern Development in Respect of the Administration of the Transfer Payments to the Territorial Governments Program;

SI/95-85 - Order Transferring to the Department ofAgriculture and Agri-Food the Control and Supervision of the Portion of the Public Service known as the Retail Food Program of the Department of Industry;

SI/95-118 - Proclamation Declaring the ConsolidatedAgreements on Social Security Between Canada and the United Kingdom in Force December 1, 1995;

SI/96-16 - Order Transferring from the Minister of Finance to the Minister of Industry, the Powers, Duties and Functions in Relation to Regional Economic Development in Quebec and the Control and Supervision of the Federal Office of Regional Development -Quebec;

SI/96-31 - Order Transferring to the Department of National Revenue the control and Supervision of that portion of the Public Service in the Office of the Superintendent of Financial Institutions known as the Pension Advice Section;

SI/96-32 - Proclamation Declaring the Agreement on Social Security Between Canada and the United Mexican States in Force in May 1, 1996;

SI/96-49 - Order Designating the Greater Toronto Airports Authority as a Designated Airport Authority and Designating the Date for the Transfer of the Toronto-Lester B. PearsonInternational Airport to the Greater Toronto Airport Authority;

SI/96-84 - Order Designating the Winnipeg AirportsAuthority Inc. as a Designated Airport Authority and Designating the Date for the Transfer of the Winnipeg International Airport to the Winnipeg Airports Authority Inc.;

SI/96-85 - Order Designating the Ottawa Macdonald-Cartier International Airport Authority as a Designated Airport Authority and Designating the Date for the Transfer of the Ottawa Macdonald-Cartier International Airport to the Ottawa Macdo nald-Cartier International Airport Authority;

SI/96-97 - Gallantry Awards Order, amendment;

SI/96-100 - Proclamation Declaring the Supplementary Agreement to the Agreement on Social Security between Canada and the Republic of Austria in Force on December 1, 1996;

SI/96-109 - Order transferring to the Canadian Human Rights Commission to the Human Rights Tribunal Panel the Control and Supervision of the Registry of the Human Rights Tribunal Panel;

SI/97-36 - Order Transferring from the Minister of Public Works and Government Services to the Minister of Canadian Heritage, the Powers, Duties and Functions UnderSubsections 2(2) of the Laurier House Act;

SI/97-39 - Order Transferring from the Minister of Finance to the Minister of Human Resources Development, the Powers, Duties and Functions under the Civil Service Insurance Act and to the Department of Human Resources Development the Control and Supervision of that portion of the Public Service in the Office of the Superintendent of Financial Institutions relating to the Administration of the Civil Service Insurance Act;

SI/97-106 - United Nations Medal for Special Service Order;

SI/97-109 - Crees of Quebec Remission Order;

SI/97-127 - Indians and Bands on Certain Indian Settlements Remission Order (1997);

SI/98-11 - Order Amending the Defence Production and Development Sharing Remission Order;

SI/98-28 - Order Transferring from the Department of Health to the Department of Transport the Control and Supervision of the Civil Aviation Medicine Division;

SI/99-50 - Proclamation giving notice the Agreement on Social Security between the Government of Canada and the Government of the Republic of Korea is in Force as of May 1, 1999;

SI/99-55 - Order Fixing June 8, 1999 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/99-60 - Reservation to the Crown Waiver Order (Port Radium, N.W.T.);

SI/99-62 - Order Fixing July 1, 1999 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/99-63 - Order Fixing July 1, 1999 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/99-64 - Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/99-65 - Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/99-66 - Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/99-67 - Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/99-68 - Order Designation the Minister of Industry as Minister for Purposes of the Act;

SI/99-69 - Order Fixing December 31, 1999 as the Date of the Coming into Force of the Act;

SI/99-70 - Order Fixing June 28, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-71 - Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (White River First Nation, Y.T.);

SI/99-72 - Order Fixing July 1, 1999 as the Date of the Coming into Force of the Act;

SI/99-73 - Order Fixing July 1, 1999 as the Date of the Coming into Force of the Act;

SI/99-74 - Order Fixing December 1, 1999 as the Date of the Coming into Force of Certain Sections of the National Defence Act;

SI/99-75 - Order Fixing September 1, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-78 - Order Fixing July 28, 1999 as the Date of the Coming into Force of the Act;

SI/99-82 - Telesat Canada Remission Order;

SI/99-83 - John Doucette and Lawrence O'Coin Remission Order;

SI/99-84 - Carl Rideout Remission Order;

SI/99-85 - Sharon Waldron Remission Order;

SI/99-86 - Order Fixing September 1, 1999 as the Date of the Coming into Force of Certain Sections of the Copyright Act;

SI/99-87 - Order Amending the Designation of Countries (Standards Council of Canada) Order;

SI/99-88 - Order Terminating the Assignment of the Honourable Gilbert Normand to Assist the Minister of Agriculture and Agri-Food and the Minister of Fisheries and Oceans;

SI/99-89 - Order Terminating the Assignment of the Honourable Ron Duhamel and Assigning the Honourable Gilbert Normand to Assist the Minister of Industry;

SI/99-90 - Order Terminating the Assignment of the Honourable Andrew Mitchell to Assist the Minister of Canadian Heritage;

SI/99-91 - Order Assigning the Honourable Andrew Mitchell to Assist the Minister of Agriculture and Agri-Food and the Minister of Industry;

SI/99-92 - Order Terminating the Assignment of the Honourable Fred Mifflin and Assigning the Honourable George Baker to Assist the Minister for the Atlantic Canada Opportunities Agency;

SI/99-93 - Order Assigning the Honourable Denis Coderre to Assist the Minister of Canadian Heritage;

SI/99-94 - Order Assigning the Honourable Ronald J. Duhamel to Assist the Minister of Western EconomicDiversification and the Minister of Foreign Affairs;

SI/99-95 - Order declining to set aside or to refer back to the CRTC Decisions CRTC 99-109 to CRTC 99-112;

SI/99-96 - Order Fixing October 1, 1999 as the Date of the Coming into Force of the Definitions "defendant" and "plaintiff" and Certain Sections of the Copyright Act;

SI/99-97 - Order Fixing January 1, 2000 as of the Date Coming into Force of Section 19 of the Act;

SI/99-98 - Order Designating the Minister of Canadian Heritage as the Appropriate Minister with Respect to the Parks Canada Agency for Purposes of the Act;

SI/99-100 - Order Fixing August 27, 1999 as the Date of the Coming into Force of Sections 20 to 24 of the Act;

SI/99-105 - Proclamation Proroguing Parliament toOctober 12, 1999;

SI/99-106 - Proclamation Summoning Parliament to Meet October 12, 1999 (Despatch of Business);

SI/99-109- Order Amending the Withdrawal from Disposal Order (Wager Bay National Park, N.W.T.);

SI/99-110 - Reservation to the Crown Waiver Order (Marsh Lake, Y.T.);

SI/99-111 - Order Fixing November 1, 1999 as the Date of the Coming into Force of the Act;

SI/99-112 - Order Designating the Minister of National Revenue as Appropriate Minister with Respect to the Canada Customs and Revenue Agency for Purposes of that Act;

SI/99-113 - Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/99-114 - Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/99-115 - Order Amending the Canadian SecurityIntelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/99-116 - Special Service Medal Bar Order "Ranger";

SI/99-117 - Order Fixing October 15, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-118 - Order Fixing October 15, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-119 - Proclamation Announcing the Appointment of the Governor General;

SI/99-120 - Order Fixing March 1, 2000 as the Date of the Coming into Force of Certain Sections of the National Defence Act;

SI/99-121 - Order Amending the Order Designating the Leadership Network as a department and the Head as the deputy head;

SI/99-122 - Order Amending the Order Amending the Access to Information Act Heads of Government Institutions Designation Order; and

SI/99-123 - Order Amending the Order Amending the Privacy Act Heads of Government Institutions Designation Order.

The committee considered its business.

It was agreed that the committee adopt the following schedule for its hearings: 8:30 a.m. on Thursday, November 8 and 22, and, December 6, 2001.

At 9:45 a.m., it was agreed that the committee adjourn to the call of the Chair.

ATTEST:

Till Heyde

 Joint Clerk of the Committee (Senate)