Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 2 - Minutes of Proceedings - March 25, 2004

OTTAWA, Thursday, March 25, 2004
(3)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:37 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 Mac Harb, Céline Hervieux-Payette, P.C.and James F. Kelleher, P.C. (3).

Representing the House of Commons: Paul DeVillers, P.C., Ken Epp, Gurmant Grewal, Paul Macklin, Lynn Myers, Caroline St-Hilaire and Tom Wappel (7).

In attendance: Marc-Olivier Girard Acting, Joint Clerk of the Committee (House of Commons), François-R. Bernier, General Counsel to the Committee, and Jacques Rousseau, Counsel to the Committee, Research Branch, Library of Parliament.

Also present: The official reporters of the Senate.

The committee proceeded to consider 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.

Mr. Macklin moved that the committee concur in the following budget application for fiscal year ending March 31, 2005, for the purpose of its consideration of its statutory order of reference:

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

It was agreed that, the committee would meet on the following dates:

April 22, 2004
May 6, 2004
May 27, 2004
June 10, 2004

On SOR/93-3 — Oil Pollution Prevention Regulations, it was agreed that the file be closed.

On SOR/94-439 — National Parks Camping Regulations, amendment and SOR/94-512 — National Parks General 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/2000-221 — Regulations Amending the Letter Mail Regulations, it was agreed that the Joint Chairs correspond with the Minister responsible for the Canada Post Corporation, with respect to certain comments made by the Committee.

On SOR/92-507 — Storage of PCB Material Regualtions, it was agreed that Counsel to the Committee review their status at a later date and inform the Committee of action taken.

On SOR/88-230 — Frontier Lands Registration Regulations, and SOR/88-263 — Newfoundland Offshore Area Registration Regulations, it was agreed that the Joint Chairs correspond with the Minister of Natural Resources, with respect to certain comments made by the Committee.

On SOR/78-213 — National Parks General Regulations, and SOR 82-949 — National Parks General 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/92-620 — Corrections and Conditional Release Regulations, and SOR/96-108 — Corrections and Conditional release Regulations, amendment, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of the Solicitor General with respect to certain comments made by the Committee.

ON SOR/2001-84 — Laurentian Pilotage Tariff Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Transport Canada with respect to certain comments made by the Committee.

On SOR/2002-164 — National Capital Commission Animal Regulations, it was agreed to refer the question of witnesses to the Steering Committee.

On SOR/2001-214 — Order 2001-87-04-01 Amending the Domestic Substances List; it was agreed that the file be closed.

On SOR/2001-275 — Disposal at Sea 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/99-436 — Regulations Amending the Inclusion List Regulations.

The Committee considered SOR/2001-2 — Regulations Amending the Ozone-depleting Substances Regulations, 1998; SOR/82-263 — National Historic Parks General Regulations; SOR/94-162 — List of Toxic Substances Authorities; SOR/2003-352 — Regulations Amending the Comprehensive Study List Regulations.

The Committee considered the following Statutory Instruments without comment:

SI/2000-15 — Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2000-22 — Order Fixing March 31, 2000 as the Date of Coming into Force of Certain Sections of the Act;

SI/2000-29 — Order Fixing the Dates of the Coming into Force of Certain Parts of the Act;

SI/2000-45 — Order Fixing August 1, 2000 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2000-46 — Order Fixing June 7, 2000 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2000-48 — Order Fixing June 15, 2000 as the Date of the Coming into Force of Certain Sections of the National Defence Act and Section 103 of the Act;

SI/2000-63 — Order Fixing July 26, 2000 as the Date of Coming into Force of Certain Sections of the Act;

SI/2000-76 — Order Fixing July 31, 2000 as the Date of Coming into Force of Certain Sections of the Act;

SI/2000-78 — Order Amending the Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2001-19 — Order Fixing January 31, 2001 as the Date of the Coming into Force of Section 45 of the Act;

SI/2001-27 — Single-Entry Visitor Visa Fee (Sporting and Cultural Events) Remission Order;

SI/2001-41 — Order Fixing September 1, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-42 — Order Fixing March 15, 2001 as the Date of the Coming into Force of the Act;

SI-2003-154 — Proclamation Declaring the Representation Order to be in Force Effective on the First Dissolution of Parliament that Occurs after August 25, 2004;

SOR/83-678 — Associations By-law No. 4: Penalties for Failure to Appear;

SOR/83-679 — Association By-law No. 5: Penalties to Pay Dues or Fees on Time;

SOR/92-628 — Pari-Mutuel Betting Supervision Regulations, amendment;

SOR/99-426 — Regulations Amending the Motor Vehicle Safety Regulations (Lighting and Retroreflective Devices);

SOR/99-431 — Regulations Amending the Radio Regulations, 1986;

SOR/99-438 — Regulations Amending the Law List Regulations;

SOR/99-443 — Regulations Amending the National Energy Board Act Part VI (Oil and Gas) Regulations;

SOR/99-447 — Order Amending the Schedule to the Customs Tariff, 1999-4;

SOR/99-448 — Regulations Amending the Reporting of Exported Goods Regulations;

SOR/99-451 — Rules of the Review Tribunal (Agriculture and Agri-Food);

SOR/99-452 — Regulations Amending the Order Declaring an Amnesty Period;

SOR/99-455 — Regulations Amending the Pay Television Regulations, 1990;

SOR/99-457 — Order Amending the Schedule to the Customs Tariff (Infrared Remote Controls and Motor Vehicle Seat Covers);

SOR/99-458 — Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations;

SOR/99-468 — Regulations Amending the Pacific Fishery Regulations;

SOR/99-469 — Regulations Amending the Student Employment Programs Regulations;

SOR/99-473 — Regulations Amending Certain Regulations Made under the Hazardous Products Act (Miscellaneous Program);

SOR/99-474 — Regulations Amending the Coastal Fisheries Protection Regulations;

SOR/2000-6 — Customs Duties Accelerated Reduction Order, No. 11;

SOR/2000-8 — Regulations Amending the Notifiable Transactions Regulations;

SOR/2000-15 — Order Terminating the Administration, Management and Control by the Canada Ports Corporation of the Harbour of Baie des Ha! Ha! and certain portions of the Harbour of Saguenay;

SOR/2000-41 — Order Amending General Import Permit No. 1 — Dairy Products for Personal Use;

SOR/2000-42 — Exemption from Deposit Insurance By-Law (Prescribed Deposits);

SOR/2000-43 — Gasoline and Gasoline Blend Dispensing Flow Rate Regulations;

SOR/2000-44 — Regulations Amending the Motor Vehicle Safety Regulations (User-ready Tether Anchorages for Restraint Systems — No. 2);

SOR/2000-49 — Regulations Amending the Canadian Aviation Regulations (Part IV);

SOR/2000-52 — Sales or Trades (Authorized Foreign Banks) Regulations;

SOR/2000-53 — Prescribed Deposits (Authorized Foreign Banks) Regulations;

SOR/2000-54 — Prescribed Deposits (Banks without Deposit Insurance) Regulations;

SOR/2000-56 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (1999-No. 7, Tombstone Territorial Park Reservation, Y.T.);

SOR/2000-57 — Order Prohibiting Entry on Certain Lands in the Yukon Territory 1999-No 5, fishing Branch Wilderness Preserve, Y.T.);

SOR/2000-59 — Regulations Amending the Canada Health and Social Transfer Regulations ;

SOR/2000-62 — Regulations Amending the Income Tax Regulations;

SOR/2000-65 — Order Adding a Toxic Substance to Schedule I and to Part II of Schedule II to the Canadian Environmental Protection Act;

SOR/2000-66 — Tributyltetradecylphosphonium Chloride Regulations;

SOR/2000-69 — Canadian Wheat Board Contingency Fund Regulations;

SOR/2000-75 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;

SOR/2000-76 — Regulations Amending the Laurentian Pilotage Tariff Regulations, 1996;

SOR/2000-78 — Regulations Amending the Radiocommunication Regulations;

SOR/2000-79 — Regulations Amending Certain Department of Industry Regulations;

SOR/2000-82 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/2000-83 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/2000-87 — Regulations Amending the Immigration Act Fees Regulations;

SOR/2000-88 — Regulations Amending the Migratory Birds Regulations ;

SOR/2000-89 — Regulations amending the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

SOR/2000-91 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2000-92 — Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2000-96 — Technical Amendments Order (Customs Tariff) 2000-1;

SOR/2000-97 — Order Amending the Domestic Substances List;

SOR/2000-99 — Regulations Amending the Federal-Provincial fiscal Arrangements Regulations;

SOR/2001-61 — Regulations Amending the Financial Services (GST) Regulations;

SOR/2001-64 — Regulations Amending the Federal Book Rebate (GST/HST) Regulations;

SOR/2001-89 — Regulations Amending the National Energy Board Cost Recovery Regulations;

SOR/2001-139 — Order 2001-66-02-01 Amending the Domestic Substances List;

SOR/2001-140 — Order 2001-87-02-01 Amending the Domestic Substances List;

SOR-2001-152 — Regulations Amending the Motor Vehicle Safety Regulations (Fuel System Integrity Requirements);

SOR/2001-161 — Iodinated Contrast Media Anti-dumping Duty Remission Order;

SOR/2001-165 — Order 2001-66-03-02 Amending the Domestic Substances List;

SOR/2001-225 — Order Amending the Schedule to the Customs Tariff, 2001-2;

SOR/2001-238 — Order 2001-66-04-02 Amending the Domestic Substances List;

SOR/2001-239 — Order 2001-87-04-02 Amending the Domestic Substances List;

SOR/2001-247 — Order 2001-87-05-01 Amending the Domestic Substances List;

SOR/2001-261 — United Nations Liberia Regulations;

SOR/2001-300 — Order Amending Schedule 2 to the Canadian Environmental Protection Act, 1999, No. 1;

SOR/2001-301 — Order Amending Schedule 4 to the Canadian Environmental Protection Act, 1999, No. 1;

SOR/2001-302 — Order Amending Schedule 2 to the Canadian Environmental Protection Act, 1999, No. 2;

SOR/2001-303 — Order Amending Schedule 4 to the Canadian Environmental Protection Act, 1999, No. 3;

SOR/2001-304 — Order Amending Schedule 2 to the Canadian Environmental Protection Act, 1999, No. 3;

SOR/2001-305 — Order Amending Schedule 4 to the Canadian Environmental Protection Act, 1999, No. 4;

SOR/2001-306 — Order Amending Schedule 4 to the Canadian Environmental Protection Act, 1999, No. 2;

SOR/2001-307 — Order Amending Schedule 4 to the Canadian Environmental Protection Act, 1999, No. 5;

SOR/2001-358 — Order 2001-66-08-01 Amending the Domestic Substances List;

SOR/2001-497 — Order 2001-66-09-01 Amending the Domestic Substances List;

SOR/2002-49 — Order 2001-66-11-01 Amending the Domestic Susbtances List;

SOR/2002-79 — Regulations Repealing the Destruction of Securities Regulations;

SOR/2002-83 — Regulations Amending the Laurentian Pilotage Tariff Regulations (Miscellaneous Program);

SOR/2002-93 — Order Amending the General Import Permit No. 100 — Eligible Agriculture Goods;

SOR/2002-99 — Order Amending the Approved Breath Analysis Instruments Order;

SOR/2002-234 — Regulations Amending the Canada Student Loans Regulations;

SOR/2003-262 — Regulations Amending the United Nations Liberia Regulations.

At 9:50 a.m., it was agreed that the committee adjourn to the call of the Joint Chairs.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)