Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 4 - Minutes of Proceedings - May 6, 2004

OTTAWA, Thursday, May 6, 2004
(5)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:36 a.m., this day, in room 256-S, Centre Block, the Joint Chair, the Honourable Céline Hervieux-Payette, P.C., presiding.

Members of the committee present:

Representing the Senate: The Honourable Senators Michel Biron, Mac Harb, Céline Hervieux-Payette, P.C., James F. Kelleher, P.C. and Wilfred P. Moore (5).

Representing the House of Commons: Ken Epp, Roger Gallaway, P.C., Derek Lee, Paul Macklin, Lynn Myers and Caroline St-Hilaire (6).

In attendance: Joann Garbig, Joint Clerk of the Committee (House of Commons), François-R. Bernier, General Counsel to the Committee, and Peter Bernhardt, 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.

On Report No. 39 (Fifth Report of the Standing Joint Committee for the Scrutiny of Regulations), 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 Report No. 40 (Sixth report of the Standing Joint Committee for the Scrutiny of Regulations), it was agreed that the file be closed.

On SOR/95-405 — Response Organizations and Oil Handling Facilities 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/97-144 — Broadcasting Licence Fee Regulations, 1997 — It was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Canadian Heritage with respect to certain comments made by the committee.

On SOR/99-144 — St. Lawrence Seaway Authority Divestiture Regulations; on SOR/98-230 — Portions of the Department of National Defence Divestiture Regulations, on SOR/98-231 — Portions of the Department of Public Works and Government Services Divestiture Regulations; on SOR/98-232 — Regulations Amending the Airport Transfer Regulations; on SOR/99-3 — Portions of the Department of Citizenship and Immigration Divestiture Regulations; on SOR/99-247 — Portions of the Royal Canadian Mounted Police Divestiture Regulations; on SOR/ 2000-1 — Certain Canada Port Authorities Divestiture Regulations; on SOR/2000-60 — Portions of the Canada Ports Corporation Divestiture 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 SI/2004-21 — Order Repealing Order in Council P.C. 2003-353 of March 20, 2003, it was agreed that the file be closed.

On SOR/97-102 — Regulations Amending the National Parks Wildlife Regulations, it was agreed that the Joint Chairs correspond with the Minister of Environment with respect to certain comments made by the committee.

On SOR/97-150 — National Parks Aircraft Access Regulations, it was agreed that the Joint Chairs correspond with the Minister of Environment with respect to certain comments made by the committee.

On SOR/95-223 — Crown Corporation Corporate Plan, Budget and Summaries 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/88-560 — Cribs and Cradles 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/97-473 — Kananaskis Falls and Horseshoe Falls Water Power Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Indian and Northern Affairs with respect to certain comments made by the committee.

The committee considered SOR/98-531 — Regulations Amending the Royal Canadian Mounted Police Superannuation Regulations.

On SOR/97-234 — Controlled Drugs and Substances Act (Police Enforcement) Regulations; SOR/97-281 — Regulations Amending the Controlled Drugs and Substances Act (Police Enforcement) 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/99-219 — Regulations Amending the Canada Mining 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/2002-205 — Regulations Amending the Motor Vehicle Safety (Lower Universal Anchorage Systems for Restraint Systems and Booster Cushions), 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. 1486 — Small Fishing Vessel Inspection Regulations, it was agreed that Counsel to the Committee corresponds with the Designated Instruments Officer of the Department of Transport.

On SOR/ 2002-109 — Indian Timber Harvesting Regulations, it was agreed that the file be closed.

The committee considered SOR/92-120 — Airport Traffic Regulations, amendment; SOR/97-115 — Regulations Amending the Government Contracts Regulations; SOR/2000-328 — Regulations Amending the Canada Occupational Safety and Health Regulations; SOR/2002-170 — Regulations Amending Certain Regulations Made under the Canada Oil and Gas Operations Act (Miscellaneous Program); SOR/2003-303 — Regulations Amending Certain Regulations Made under the Department of Public Works and Government Services Act (Miscellaneous Program); SOR/2003 399 — Regulations Amending Schedule I to the Payments in Lieu of Taxes Act; SOR/2004-28 — Regulations Amending the Oil Pollution Prevention Regulations (Miscellaneous Program); SOR/2004-29 — Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program).

The committee considered the following Statutory Instruments without comment:

SOR/91-32 — Mail and Courier Imports (GST) Regulations;

SOR/2000-102 — Regulations Amending Certain Regulations Made under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program);

SOR/2000-191 — Regulations Amending the Income Tax Regulations;

SOR/2000-192 — Regulations Amending the Food and Drug Regulations (1142 — Pyridaben);

SOR/2000-193 — Regulations Amending the Food and Drug Regulations (1156 — Oxyfluorfen);

SOR/2000-194 — Regulations Amending the Food and Drug Regulations (1168 — Thifensulfuron-methyl);

SOR/2000-195 — Regulations Amending the Food and Drug Regulations (1175 — Triflusulfuron-methyl);

SOR/2000-197 — Regulations Amending the food and Drug Regulations (1161 — Schedule F);

SOR/2000-200 — Order Amending the Approved Breath Analysis Instruments Order;

SOR/2000-212 — Canadian Nuclear Safety Commission By-laws;

SOR/2000-215 — Regulations Amending the Yukon Territory Fishery Regulations;

SOR /2000-218 — Regulations Amending the Regulations Exempting Certain Precursors and Controlled Substances form the Application of the controlled Drugs and Substances Act (1091 — Schedule I);

SOR/2000-219 — Regulations Amending the Food and Drug Regulations (1091 — Targeted Substance Symbol and Schedule F);

SOR/2000-220 — Order amending Schedules III and IV to the Controlled Drugs and Substances Act (1091);

SOR/2000-222 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/2000-223 — Special Appointment Regulations, No. 2000-3;

SOR/2000-230 — International Telecommunication Union Privileges and Immunities Order;

SOR/2000-231 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2000, No.4, Liard First Nation, Y.T.);

SOR/2000-232 — Rules Amending the Rules Respecting Criminal Appeals under Sections 607-616 of the Criminal Code and Bail Rules on Appeals to the Court of Appeal for the Northwest Territories;

SOR/2000-236 — Regulations Amending the Pay Television Regulations, 1990;

SOR/2000-238 — Regulations amending the Specialty Services Regulations, 1990;

SOR/2001-15 — Directions to the Canadian Dairy Commission (Export Dairy Products);

SOR/2001-46 — Order Amending the Schedule to the Customs Tariff, 2000-4;

SOR/2001-56 — Supervisory Information (Insurance Companies) Regulations;

SOR/2001-57 — Supervisory Information (Cooperative Credit Associations);

SOR/2001-58 — Supervisory Information (Authorized Foreign Banks) Regulations;

SOR/2001-62 — Regulations Amending the Artists' Representatives (GST/HST) Regulations;

SOR/2001-63 — Regulations Amending the Mail and Courier Imports (GST) Regulations;

SOR/2001-66 — Property Supplied by Auction (GST/HST) Regulations;

SOR/2001-71 — Regulations Amending the Air Transportation Regulations;

SOR/2001-72 — Regulations Amending the Canadian Transportation Agency Designated Provisions Regulations;

SOR/2001-77 — Order 2000-66-12-01 Amending the Domestic Substances List;

SOR/2001-78 — Order 2000-87-12-01 Amending the Domestic Substances List;

SOR/2001-90 — Regulations Amending the Migratory Birds Regulations;

SOR/2001-105 — Regulations Amending the Insurable Earnings and Collection of Premiums Regulations;

SOR/2001-106 — Order Amending the Customs Tariff (Extension of Most-Favoured-Nation Tariff to Albania and the Sultanate of Oman);

SOR/2001-109 — Order 2001-66-01-01 Amending the Domestic Substances List;

SOR/2001-110 — Order 2001-87-01-01 Amending the Domestic Substances List;

SOR/2001-114 — Order Amending the Schedule to the Budget Implementation Act, 2000;

SOR/2001-115 — Saskatchewan Uranium Mines and Mills Exclusion Regulations;

SOR/2001-116 — Regulations Amending the Motor Vehicle Safety Regulations (Expiry Dates for Sections 108, 131 and 206);

SOR/2001-117 — Regulations Amending the Motor Vehicle Safety Regulations (Power-assisted Bicycles);

SOR/2001-118 — Regulations Amending the Pacific Fishery Regulations, 1993

SOR/2001-130 — Regulations Amending the Royal Canadian Mounted Police Superannuation Regulations (Interest on Return of Contributions)

SOR/2001-131 — Regulations Amending the Canadian Forces Superannuation Regulations (Interest on Return of Contributions);

SOR/2001-135 — Regulations Amending the Canada Pension Plan Regulations;

SOR/2001-136 — Regulations Amending the National Energy Board Substituted Service Regulations;

SOR/2001-138 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a Circulation Coin;

SOR/2001-141 — Order Amending Schedule I.1 to the Financial Administration Act and Repealing the Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2001-142 — Order Amending Schedule I to the Public Service Staff Relations Act and Repealing the Order Amending Schedule I to the Public Service Staff Relations Act;

SOR/2001-143 — Order Amending Schedule I to the Access to Information Act and Repealing the Order Amending Schedule I to the Access to Information Act;

SOR/2001-144 — Order Amending the Schedule to the Privacy Act and Repealing the Order Amending the Schedule to the Privacy Act;

SOR-2001-146 — Order Amending Schedule I to the Federal-Provincial Fiscal Arrangements Act;

SOR/2001-149 — Regulations Amending the Canada Labour Standards Regulations;

SOR/2001-153 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2001-160 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2001-166 — Order 2001-87-03-02 Amending the Domestic Substances List;

SOR/2001-169 — Regulations Amending the Closely Related Corporations (GST) Regulations;

SOR/2001-180 — Regulations Amending the New Substances Notification Regulations;

SOR/2001-182 — Proclamation establishing three different time zones in Nunavut, for the purposes of the definition of ``standard time'' in the Interpretation Act;

SOR/2001-204 — Regulations Amending the Coastal Fisheries Protection Regulations;

SOR/2001-208 — Regulations Amending the Boating Restriction Regulations;

SOR/2001-212 — Regulations Amending the Atlantic Fishery Regulations, 1985;

SOR/2001-228 — Jeux de la Francophonie 2001 Remission Order;

SOR/2001-229 — 8th IAAF World Championship in Athletics Remission Order;

SOR/2001-248 — Commissioner's Standing Orders (Classification Redress Process for Members);

SOR/2001-266 — Regulations Amending the Public Service Employment Regulations, 2000;

SOR/2001-271 — Regulations Amending the Science Education Sets Regulations;

SOR/2001-285 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2001-289 — Regulations Amending the Income Tax Regulations (Venture Capital Corporations);

SOR/2001-296 — Educational Program, Work and Other Subject-matter Record-keeping Regulations;

SOR/2001-479 — Regulations Amending the Supervisory Information (Authorized Foreign Banks) Regulations;

SOR/2001-481 — Regulations Amending the Supervisory Information (Banks) Regulations;

SOR/2001-482 — Regulations Amending the Supervisory Information (Cooperative Credit Associations) Regulations;

SOR/2001-483 — Regulations Amending the Supervisory Information (Insurance Companies) Regulations;

SOR/2001-485 — Regulations Amending the Supervisory Information (Trust and Loan Companies) Regulations;

SOR/2001-530 — Order Amending the Automatic Firearms Country Control List;

SOR/2002-100 — Regulations Amending the Ozone-depleting Substances Regulations, 1998;

SOR/2002-125 — Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations, 1999;

SOR/2002-271 — Regulations Repealing the Blue Water Bridge Authority Financial Reports Regulations;

SOR/2002-311 — Order Amending the Automatic Firearms Country Control List;

SOR/2003-9 — Regulations Amending the Laurentian Pilotage Tariff Regulations;

SOR/2003-10 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2003-98 — Order Amending Schedule 1 to the Canadian Environmental Protection Act, 1999 (Miscellaneous Program);

SOR/2003-172 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2003-229 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2003-270 — Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2003-277 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999.

At 9:40 a.m., it was agreed that the committee adjourn to the call of the Joint Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)