Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 10 - Minutes of Proceedings - May 19, 2005

OTTAWA, Thursday May 19, 2005
(11)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:32 a.m. in room 256-S of the Centre Block, the Joint Chairs, the Honourable John G. Bryden and Mr. Gurmant Grewal presiding.

Representing the Senate: The Honourable Senators Bryden and Moore (2).

Representing the House of Commons: Rob Anders, Robert Bouchard, Gurmant Grewal, Monique Guay, Randy Kamp, Derek Lee, Paul Macklin, P.C., Lynn Myers and Judy Wasylycia-Leis (9).

Also present: Joann Garbig, Acting Joint Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: Peter Berhardt and Jacques Rousseau, Counsel to the Committee.

In attendance: The official reporters of the Senate.

The committee continued its consideration of 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 its second report.

On SOR/96-335 — Air Transportation Regulations, amendment; it was agreed, — That the Joint Chairs correspond with the Minister of Transport with respect to certain comments made by the committee.

On SOR/93-331 — Seeds Regulations, amendment; it was agreed, — That the file be closed.

On SOR/2001-532 — Telecommunications Apparatus Regulations; it was agreed, — That Counsel to the Committee correspond with the Designated Instruments Officer of Industry Canada with respect to certain comments made by the committee.

On SOR/2004-122 — Regulations Amending the Certification of Origin of Goods Exported to a Free Trade Partner Regulations; SOR/2004-127 — Regulations Amending the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations; SOR/2004-128 — Regulations Amending the Temporary Importation (Tariff Item No. 9993.00.00) Regulations; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of the Canada Border Services Agency with respect to certain comments made by the committee.

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/97-473 — Kananaskis Falls and Horseshoe Falls Water Power 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/95-26 — Special Import Measures Regulations, amendment; SOR/2000-138 — Regulations Amending the Special Import Measures Regulations; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of Finance Canada with respect to certain comments made by the committee.

On SOR/95-212 — Plant Protection Regulations; 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/99-256 — Canada Cooperatives Regulations; SOR/2001-513 — Regulations Amending the Canada Cooperatives Regulations; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of Industry Canada with respect to certain comments made by the committee.

On SOR/2003-6 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency; 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.

The committee considered the National Farm Products Council Guidelines for Complaints.

The committee considered SOR/2003-217 — Regulations Amending the Broadcasting Distribution Regulations.

On SOR/95-191 — Nova Scotia Offshore Petroleum Installations Regulations; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of Natural Resources Canada with respect to certain comments made by the committee.

The committee considered SOR/2004-55 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986.

On SOR/95-74 — Marine Occupational Safety and Health Regulations, amendment; 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 SOR/2000-207 — Nuclear Substances and Radiation Devices Regulations; SOR/2000-209 — Nuclear Security Regulations; SOR/2002-167 — Regulations Amending the Special Services and Fees Regulations; SOR/ 2003-376 — Regulations Amending the Undeliverable and Redirected Mail Regulations; SOR/2002-218 — Regulations Amending the Duty Free Shop Regulations; SOR/2003-89 — Regulations Repealing Certain Regulations Made under the Excise Act; SOR/2003-225 — Saskatchewan Canola Order.

The committee considered the following statutory instruments presented without comment:

SOR/94-580 — Historic Canals Regulations, amendment;

SOR/94-610 — Canada Ports Corporation Operating By-law, amendment;

SOR/98-399 — Regulations Amending the United Nations Federal Republic of Yugoslavia (Serbia and Montenegro) Regulations;

SOR/99-121 — By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law;

SOR/99-365 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/2000-50 — Regulations Amending the Food and Drug Regulations (1095 — Brilliant Blue FCF);

SOR/2002-191 — Regulations Amending the Historic Canals Regulations;

SOR/2002-231 — Oath or Solemn Affirmation of Office Rules (Immigration and Refugee Board;

SOR/2002-240 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2002-243 — Order 2002-87-04-01 Amending the Domestic Substances List;

SOR/2002-244 — Order Amending the Schedule to the Customs Tariff, 2002-4;

SOR/2002-245 — Regulations Amending the Canada Pension Plan Regulations;

SOR/2002-250 — Regulations Amending the Regulations Defining Certain Expressions for the Purposes of the Customs Tariff;

SOR/2002-251 — Regulations Amending the CIFTA Tariff Preference Regulations;

SOR/2002-252 — Regulations Amending the CIFTA Rules of Origin Regulations;

SOR/2002-273 — Regulations Amending the Taxes, Duties and Fees (GST) Regulations;

SOR/2002-288 — Order 2002-87-05-01 Amending the Domestic Substances List;

SOR/2002-321 — Order 2002-87-06-01 Amending the Domestic Substances List;

SOR/2002-339 — Shared Premises Regulations (Banks);

SOR/2002-349 — Regulations Amending the Special Import Measures Regulations;

SOR/2002-351 — Order Raising the Limit on the Amount that the Canadian Broadcasting Corporation may Expend Under a Lease or Other Rental Agreement;

SOR/2002-360 — Regulations Amending the Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act;

SOR/2002-362 — Order 2002-66-07-01 Amending the Domestic Substances List;

SOR/2002-363 — Order 2002-87-07-01 Amending the Domestic Substances List;

SOR/2002-365 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2002-367 — Order Amending the Schedule to the Customs Tariff, 2002-7;

SOR/2002-369 — Regulations Amending the Food and Drug Regulations (1302 — Addition of Colouring Agent to Paragraph C.01.040.2(4)(a));

SOR/2002-376 — Order Amending the Schedule to the Budget Implementation Act, 2000 (Skidegate, Spallumcheen and Whitecap Dakota First Nation Bands);

SOR/2002-378 — Order Amending the Schedule I to the Yukon Surface Rights Board Act;

SOR/2002-384 — Regulations Amending the Food and Drug Regulations (1290 — Imazethapyr);

SOR/2002-385 — Regulations Amending the Food and Drug Regulations (1301 — Fludioxonil );

SOR/2002-386 — Regulations Amending the Food and Drug Regulations (1303 — Fomesafen);

SOR/2002-387 — Regulations Amending the Food and Drug Regulations (1311 — Pyridaben);

SOR/2002-388 — Regulations Amending the Food and Drug Regulations (1312 — Rimsulfuron);

SOR/2002-389 — Regulations Amending the Food and Drug Regulations (1314 — Ethylenebisdithiocarbamate fungicides);

SOR/2002-390 — Regulations Amending the Food and Drug Regulations (1317 — Zoxamide);

SOR/2002-391 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 3, Carcross/Tagish First Nation, Y.T.);

SOR/2002-392 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 4, White River First Nation, Y.T.);

SOR/2002-393 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2002-400 — CCRFTA Sugar Aggregate Quantity Limit Order;

SOR/2002-405 — Regulations Amending the Food and Drug Regulations (1296 — Tebufenozide);

SOR/2002-406 — Regulations Amending the Food and Drug Regulations (1304 — Propiconazole);

SOR/2002-407 — Regulations Amending the Food and Drug Regulations (1310 — Sulfosulfuron);

SOR/2002-408 — Regulations Amending the Food and Drug Regulations (1324 — Florasulam);

SOR/2002-409 — Order 2002-87-09-01 Amending the Domestic Substances List;

SOR/2002-418 — Regulations Amending the Food and Drug Regulations (1251 — Schedule F);

SOR/2002-420 — Order Specifying that the Canadian Forces are a Portion of the Public Sector Employing One Hundred or more Employees for the Purpose of Subsection 4(1) of that Act;

SOR/2002-422 — Order Specifying the Royal Canadian Mounted Police for the Purposes of the Employment Equity Act;

SOR/2002-430 — Regulations Amending the List of Tariff Provisions Set out in the Schedule to the Customs Tariff (Firearms);

SOR/2002-431 — Order Amending the Indian Bands Council Elections Order (Les Atikamekw de Manawan);

SOR/2002-434 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2002-439 — Order Amending the Order Declaring an Amnesty Period;

SOR/2002-450 — Assets (Foreign Companies) Regulations;

SOR/2002-452 — Order Amending the Schedule to the Customs Tariff (Technical);

SOR/2002-453 — Order 2002-87-10-01 Amending the Domestic Substances List;

SOR/2002-454 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2003-4 — Order Amending the Schedule to the Customs Tariff, 2002-8;

SOR/2003-14 — Regulations Amending the Canadian Forces Superannuation Regulations;

SOR/2003-16 — Order Amending the Schedule to the Export and Import of Rough Diamonds Act;

SOR/2003-19 — Regulations Amending the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations;

SOR/2003-20 — Order Amending the Schedule to the Customs Tariff (Least Developed Country Tariff;

SOR/2003-22 — Order Amending the Order Declaring an Amnesty Period;

SOR/2003-25 — Order Amending the Schedule to the Export and Import of Rough Diamonds Act

SOR/2003-26 — Order 2002-66-11-01 Amending the Domestic Substances List;

SOR/2003-27 — Order 2002-87-11-01 Amending the Domestic Substances List;

SOR/2003-31 — Regulations Prescribing Alternative Means of Publication (Foreign Companies;

SOR/2003-33 — Regulations Amending the Narcotic Control Regulations;

SOR/2003-35 — Regulations Amending Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act;

SOR/2003-36 — Regulations Amending the Food and Drug Regulations (Zolpidem);

SOR/2003-37 — Order Amending Schedule IV to the Controlled Drugs and Substances Act;

SOR/2003-51 — Regulations Prescribing Capital Assets for the Purpose of the Definition "Strategic Infrastructure" in the Canada Strategic Infrastructure Fund Act;

SOR/2003-55 — Wyeth Pharmaceuticals Remission Order;

SOR/2003-72 — CCFTA Remission Order, 2003;

SOR/2003-73 — CIFTA Remission Order, 2003;

SOR/2003-76 — Order 2002-66-12-01 Amending the Domestic Substances List;

SOR/2003-77 — Order 2002-87-12-01 Amending the Domestic Substances List;

SOR/2003-96 — Order 2002-87-01-01 Amending the Domestic Substances List;

SOR/2003-99 — Prohibition of Certain Toxic Substances Regulations, 2003;

SOR/2003-114 — Regulations Amending the Royal Canadian Mounted Police Superannuation Regulations;

SOR/2003-125 — Sandy Bay Band Council Method of Election Regulations;

SOR/2003-128 — Order Amending the Designer Remission Order, 2001;

SOR/2003-130 — Regulations Amending the Food and Drug Regulations (1259 — Xylanase);

SOR/2003-138 — Special Appointment Regulations, No. 2003-1;

SOR/2003-139 — Special Appointment Regulations, No. 2003-2;

SOR/2003-140 — Special Appointment Regulations, No. 2003-3;

SOR/2003-141 — Special Appointment Regulations, No. 2003-4;

SOR/2003-142 — Special Appointment Regulations, No. 2003-5;

SOR/2003-143 — Special Appointment Regulations, No. 2003-6;

SOR/2003-144 — Special Appointment Regulations, No. 2003-7;

SOR/2003-145 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2003-146 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2003-147 — Order Amending Schedule I to the Public Service Staff Relations Act;

SOR/2003-148 — Order Amending Schedule I to the Access to Information Act;

SOR/2003-149 — Order Amending the Schedule to the Privacy Act;

SOR/2003-150 — Order 2003-66-02-01 Amending the Domestic Substances List;

SOR/2003-151 — Order 2003-87-02-01 Amending the Domestic Substances List;

SOR/2003-162 — Special Appointment Regulations, No. 2003-8;

SOR/2003-166 — Order Amending the Schedule to the Export and Import of Rough Diamonds Act;

SOR/2003-171 — I.M.P. Group Limited Remission Order;

SOR/2003-179 — Special Appointment Regulations, No. 2003-9;

SOR/2003-182 — Order 2003-66-03-01 Amending the Domestic Substances List;

SOR/2003-183 — Order 2003-87-03-01 Amending the Domestic Substances List;

SOR/2003-188 — Order Amending the Schedule to the Customs Tariff, 2003-1;

SOR/2003-195 — Special Appointment Regulations, No. 2003-10;

SOR/2003-199 — Regulations Repealing Certain Regulations Made under the Excise Act.

At 9:52 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)