Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 5 - Minutes

OTTAWA, Thursday, April 3, 2003.
(6)

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.

Members of the committee present:

Representing the Senate: The Honourable Senators Céline Hervieux-Payette, P.C, James F. Kelleher, P.C., Pana Merchant, and Wilfred P. Moore (4).

Representing the House of Commons: John Cummins, Andy Burton (for Maurice Vellacott), Derek Lee, Lynn Myers, Tom Wappel, and Ted White (6).

In attendance: Joann Garbig, Joint Clerk of the Committee (House of Commons), and François-R. Bernier and Jacques Rousseau, Counsel to the Committee, Research Branch, Library of Parliament.

Also present: 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.

The committee considered a draft report.

Mr. Wappel moved that the report be adopted now.

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

On SOR/89-93 — Ontario Fishery Regulations, 1989, it was agreed that Counsel to the committee prepare a draft disallowance report for consideration at a future meeting and that certain correspondence be prepared.

On SOR/98-287 — Regulations Amending the Canada Student Loans Regulations, it was agreed that the Joint Chairs correspond with the Minister of Human Resources Development with respect to certain comments made by 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.

On SOR/92-26 — Frontier Lands Petroleum Royalty Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Natural Resources with respect to certain comments made by the committee.

On SOR/94-165 — Oil and Gas Occupational Safety and Health Regulations, amendment, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Human Resources Development with respect to certain comments made by the committee.

On C.R.C.c. 1551 — Textile Labelling Advertising Regulations, it was agreed that the Joint Chairs correspond with the Minister of Industry with respect to certain comments made by the committee.

On SOR/99-9 — Regulations Amending the Income Tax Regulations, 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/2000-272 — Tobacco Products Information Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the Committee.

On SOR/2000-273 — Tobacco Reporting Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the committee.

On SOR/2000-374 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Human Resources Development with respect to certain comments made by the committee.

On SOR/2000-388 — Regulations Amending the Marine Occupational Safety and Health 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 the following:

Weights and Measures Specifications, SGM-1;

Weights and Measures Specifications, SGM-3;

Weights and Measures Specifications SGM-7;

SOR/96-13 — Public Lands Mineral Regulations;

SOR/96-400 — Canada Occupational Safety and Health Regulations, amendment;

SOR/96-401 — Trenton Airport Zoning Regulations;

SOR/2000-226 — Regulations Amending the Federal Elections Fees Tariff;

SOR/2001-254 — Regulations Amending the Controlled Products Regulations;

SOR/2002-128 — Regulations Amending the Ontario Fishery Regulations, 1989;

SOR/89-288 — Hazardous Materials Information Review Regulations, amendment;

SOR/2002-154 — Regulations Amending the Employment Insurance Regulations (Miscellaneous Program);

SOR/2002-208 — Regulations Amending Certain Labour Program, Department of Human Resources Development Regulations (Miscellaneous Program);

SOR/2002-221 — Regulations Amending Certain Department of Human Resources Development Regulations (Miscellaneous Program);

SOR/2002-380 — Regulations Amending the British Columbia Sport Fishing Regulations, 1996; and

SOR/2002-381 — Regulations Amending the Fishing and Recreational Harbours Regulations.

The Committee considered the following statutory instruments without comment:

SI/2000-44 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2000-47 — Order Designating the Minister of Health as the Minister for Purposes of the Act;

SI/2000-49 — Order transferring the Client Advisory and Public Opinion Research Directorate from the Department of Public Works and Government Services to the Canada Information Office;

SI/2000-52 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Lhutsaw Wetland Habitat Protection Area, Y.T.);

SI/2000-53 — Northwest Territories Mining District and Nunavut Mining District Order;

SI/2000-55 — Order Fixing July 5, 2000 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2000-56 — Order Designating the Minister of Finance as Minister for Purposes of the Act, Other Than Sections 25 to 39;

SI/2000-57 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2000-58 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2000-59 — Order Fixing July 5, 2000 as the Date of the Coming into Force of the Act;

SI/2000-60 — Order Fixing June 30, 2000 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2000-61 — Order Fixing June 30, 2000 as the Date of the Coming into Force of the Act

SI/2000-65 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2000-66 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2000-68 — Certain Taxpayers Remission Order, 2000-1;

SI/2000-71 — John Lewis Remission Order;

SI/2000-72 — Jason Macintosh Remission Order;

SI/2000-73 — Order Fixing August 1, 2000 as the Date of the Coming into Force of the Act;

SI/2000-74 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Ddhaw Ghro Habitat Protection Area, Y.T.);

SI/2000-75 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Nordenskiold Wetland Habitat Protection Area, Y.T.);

SI/2000-79 — Lucius Daniel Bulkley Remission Order;

SI/2000-81 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Fort Selkirk Historic Site, Y.T.);

SI/2000-82 — Reservation to the Crown Waiver Order (Tuktoyaktuk, N.W.T.);

SI/2000-84 — Proclamation Declaring October 31st of each year to be "National UNICEF Day";

SI/2000-85 — Order Fixing September 15, 2000 as the Date of the Coming into Force of Section 44.1 of the Judges Act;

SI/2000-86 — Order declining to set aside or to refer back to the CRTC Decision CRTC 2000-203;

SI/2000-87 — Order declining to set aside or to refer back to the CRTC Decision CRTC 2000-205;

SI/2000-88 — Exclusion Approval Order to Certain Persons and to a Certain Position in Statistics Canada;

SI/2000-89 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Kluane First Nation, Y.T.);

SI/2000-90 — Order Directing that Certain Documents be Discontinued;

SI/2000-91 — Order declining to set aside or to refer back to the CRTC Decision CRTC 2000-219;

SI/2000-92 — Order Terminating the Assignment of the Honourable George Baker and Assigning the Honourable J. Bernard Boudreau to Assist the Minister for the Atlantic Canada Opportunities Agency;

SI/2000-94 — Order Transferring from the Minister of Agriculture and Agri-Food to the Minister of Health the powers, duties and functions under the Agriculture and Agri-Food Administrative Monetary Penalties Act in relation to the Pest Control Products Act;

SI/2000-95 — Order Fixing October 23, 2000 as the Date of the Coming into Force of the Act;

SI/2000-96 — Proclamation Dissolving Parliament;

SI/2000-97 — Proclamation Issuing Election Writs;

SI/2000-98 — Proclamation Summoning Parliament to Meet on December 18, 2000;

SI/2000-107 — Leo Vandenbrand Remission Order;

SI/2000-108 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Ross River Dena Council, Y.T.);

SI/2000-109 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Asi Keyi Natural Environment Park, Y.T.);

SI/2000-110 — Order Fixing December 2, 2000 as the Date of the Coming into Force of the Act;

SI/2000-111 — Order Authorizing the Minister of Foreign Affairs to Prescribe the Fee;

SI/2000-112 — Proclamation Summoning Parliament to Meet January 29, 2001 (Despatch of Business);

SI/2001-2 — Derco Aerospace, Inc. Remission Order;

SI/2001-3 — Order Fixing January 1, 2001 as the Date of the Coming into Force of the Act, other than Section 8;

SI/2001-4 — Order Fixing January 1, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-5 — Order Fixing January 2, 2001 as the Date of the Coming into Force of the Act;

SI/2001-6 — Order Terminating the Assignment of the Honourable J. Bernard Boudreau and Assigning the Honourable Robert G. Thibault to Assist the Minister for the Atlantic Canada Opportunities Agency;

SI/2001-7 — Order Terminating the Assignment of the Honourable Raymond Chan and Assigning the Honourable Rey Pagtakhan to Assist the Minister of Foreign Affairs;

SI/2001-8 — Order Fixing April 30, 2001 as the Date of the Coming into Force of the Act;

SI/2001-10 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2001-11 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2001-12 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2001-13 — Island Orthotics Ltd. Remission Order;

SI/2001-14 — Dianne Moroz Remission Order;

SI/2001-15 — Kelvin Palm Remission Order;

SI/2001-16 — Certain Taxpayers Remission Order, 2000-2;

SI/2001-20 — Christians' Gospel Society Remission Order;

SI/2001-21 — Henryk Berezowski Remission Order;

SI/2001-22 — Sayda Fournier Remission Order;

SI/2001-29 — Order Fixing February 19, 2001 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2001-43 — Gerald Wolcoski Remission Order;

SI/2001-45 — Certain Taxpayers Remission Order, 2000-3;

SI/2001-46 — Bruce Gascoigne and Helen Gascoigne Remission Order;

SI/2001-49 — Robert Blair Remission Order;

SI/2001-57 — Relco Systems Inc. Remission Order;

SI/2001-58 — Certain Taxpayers Remission Order, 2001-1;

SI/2001-59 — Donald McMillan Remission Order;

SI/2001-68 — Hampton Place and Taylor Way Remission Order;

SI/2001-69 — Certain Road Vehicle Supply Remission Order;

SI/2001-70 — Proclamation Designating the "Fire Prevention Week";

SI/2001-116 — Order Amending and Repealing Certain Orders Made Under the Canadian Security Intelligence Service Act;

SOR/99-132 — Technical Amendments Order (Customs Tariff) 1999-1;

SOR/99-134 — Order Amending the Schedule to the Customs Tariff, 1999-1;

SOR/99-379 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations;

SOR/99-415 — Regulations Amending the CES Grant Regulations;

SOR/2000-303 — Criminal Records Regulations;

SOR/2000-337 — Guidelines Amending the Federal Child Support Guidelines;

SOR/2001-7 — Regulations Specifying Publicly Available Information;

SOR/2001-42 — Order Amending the Area Control List;

SOR/2001-79 — Order Amending the Schedule to the Customs Tariff (U.S. Barley and Barley Products); and

SOR/2001-292 — Guidelines Amending the Federal Child Support Guidelines.

The committee considered its business.

It was agreed that officials from the Treasury Board Secretariat be invited to appear on May 15, 2003 in relation to certain issues raised in committee.

At 9:39 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)