Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 11 - Minutes of Proceedings - June 2, 2005

OTTAWA, Thursday June 2, 2005
(12)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:34 a.m. in room 256-S of the Centre Block, the Joint Chairs, the Honourable Senator John G. Bryden and Mr. Gurmant Grewal, presiding.

Representing the Senate: The Honourable Senators Bryden, Hervieux-Payette, P.C., Kelleher, P.C. and Moore (4).

Representing the House of Commons: Rob Anders, Robert Bouchard, Gurmant Grewal, Monique Guay, Randy Kamp, Derek Lee, Paul Macklin, P.C., Lynn Myers, Tom Wappel and Judy Wasylycia-Leis (10).

Also present: Jean-François Lafleur, Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: François-R. Bernier, General Counsel and Rob Billingsley, Counsel.

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 regulation 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 discussed its second report.

The committee considered SI/2004-112 — Order Transferring from the Department of Canadian Heritage to the Parks Canada Agency the Control and Supervision of the Historic Places Policy Group and from the Minister of Canadian Heritage to the Minister of the Environment the Powers, Duties and Functions of the Department of Canadian Heritage Act Relating to Certain Programs.

The committee considered SOR/2001-342 — Regulations Amending the Livestock and Poultry Carcass Grading Regulations.

On SOR/2004-57 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law; it was agreed, — That the file be closed.

On SOR/2004-181 — Order Amending the New Brunswick Hog Marketing Levies (Interprovincial and Export Trade) Order; it was agreed, — That the file be closed.

On Parks Canada Master List of Fees (2003-2004); it was agreed, — That the Joint Chairs of the committee correspond with the CEO of Parks Canada with respect to certain comments made by the committee.

The committee considered SOR/2005-15 — Regulations Amending the Income Tax Regulations (Luxembourg and Warsaw Stock Exchanges).

On SOR/97-115 — Regulations Amending the Government Contracts 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 C.R.C. c. 1238 — Northwest Territories Reindeer Regulations; it was agreed, — That the Joint Chairs of the committee correspond with the Minister of Indian and Northern Affairs with respect to certain comments made by the committee.

On SOR/93-515 — Canada Deposit Insurance Corporation Application for Deposit Insurance By-law; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of the Canada Deposit Insurance Corporation with respect to certain comments made by the committee.

On SOR/96-400 — Canada Occupational Health and Safety Regulations, amendment; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of the Department of Human Resources and Skills Development Canada with respect to certain comments made by the committee.

On C.R.C. c. 1134 — National Parks Water and Sewer Regulations; SOR/2001-320 — Regulations Amending the National Parks Water and Sewer 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/97-447 — Motor Vehicle Safety 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/98-177 — National Parks Domestic Animals Regulations; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of Parks Canada with respect to certain comments made by the committee.

On SOR/99-142 — Canada Lands Surveyors Regulations; SOR/2003-1 — Regulations Amending the Canada Lands Surveyors 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/2001-527 — Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations.

The committee considered SI/2003-215 — Order Transferring Certain Portions from the Department of Citizenship and Immigration to the Canada Border Services Agency; SI/2004-135 — Order Transferring to the Department of Citizenship and Immigration the Control and Supervision of Certain Portions within the Canada Border Services Agency and Transferring from the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness to the Minister of Citizenship and Immigration Certain Powers, Duties and Functions.

On SOR/2003-112 — Regulations Amending the Nova Scotia Offshore Certificate of Fitness 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 SI/2002-113 — Order Transferring from the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations to the Minister of Transport the Control and Supervision of the Royal Canadian Mint and the Powers, Duties and Functions under the Royal Canadian Mint Act.

On SI/2003-238 — Order Designating the President of the Treasury Board as Minister for Purposes of the Canadian Wheat Board Act and as Appropriate Minister for Purposes of the Financial Administration Act; it was agreed, — That the file be closed.

On SI/2004-16 — Order Amalgamating and Combining Communication Canada with the Department of Public Works and Government Services; it was agreed, — That Counsel to the committee review the status of the file at a later date and inform the committee of the action taken.

On SI/2004-67 — Order Awarding a Bar “ALLIED FORCE” to the General Campaign Star (Federal Republic of Yugoslavia, Albania, the Former Yugoslav Republic of Macedonia and Adriatic and Ionian Seas); SI/2004-68 — Order Awarding a Bar “ALLIED FORCE” to the General Service Medal (Aviano and Vicenza, Italy); SI/2004-69 — Order Awarding a Bar with the NATO Star Flanked with the Letters “ISAF” and “FIAS” to the General Campaign Star (Afghanistan); SI/2004-70 — Order Awarding a Bar with the NATO Star Flanked with the letters “ISAF” and “FIAS” to the General Service Medal (Afghanistan; it was agreed, — That the files be closed.

The committee considered SOR/93-299 — Pension Benefits Standards Regulations, 1985, amendment.

The committee considered SOR/80-127 — National Parks Camping Regulations; SOR/2000-381 — Regulations Amending the Contraventions Regulations; SOR/2000-213 — Regulations Amending the Canada Grain Regulations.

The committee considered SOR/2002-255 — Regulations Amending the Canada Grain Regulations; SOR/2004-309 — Order Amending Schedules 2 and 3 to the Personal Information Protection and Electronic Documents Act; SOR/ 2004-251 — Regulations Amending the Canadian Wheat Board Regulations.

The committee considered the following statutory instruments presented without comment:

SI/2003-95 — Order Assigning the Honourable Steven W. Mahoney to Assist the Minister of Transport;

SI/2003-97 — Order Designating the Canadian Firearms Centre as a Department and the Chief Executive Officer as the Deputy Head;

SI/2003-98 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-99 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-103 — Remission Order Concerning Certain Passport Services Fees and Consular Services Fees;

SI/2003-108 — Order Fixing May 20, 2003 as the Date of the Coming into Force of Section 45 of the Act;

SI/2003-109 — Order Fixing July 2, 2003 as the Date of the Coming into Force of the Act;

SI/2003-110 — Proclamation Designating the “Fire Prevention Week”;

SI/2003-112 — Non-signatory Yukon First Nations Remission Order;

SI/2003-113 — Danielle Gareau Remission Order;

SI/2003-114 — Order Fixing May 30, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-115 — Order Designating the Canadian Firearms Centre as a Department and the Commissioner of Firearms as Deputy Head;

SI/2003-116 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-118 — Order Fixing July 1, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-121 — Province of Alberta (Civil Enforcement Agencies) Remission Order;

SI/2003-122 — Saskatchewan Indian Federated College Remission Order, 2003;

SI/2003-123 — Certain Taxpayers Remission Order, 2003-1;

SI/2003-124 — Alexander First Nation Treaty Land Entitlement Remission Order;

SI/2003-125 — Pierre E. LeBlanc Remission Order;

SI/2003-126 — Order Amending the Schedule to the Act;

SI/2003-127 — Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2003-128 — Order Fixing June 30, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-129 — Order Fixing June 15, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-130 — Order Designating the Minister of Health as Minister for Purposes of that Act in Respect of Physical Activity and the Minister of Canadian Heritage as Minister for Purposes of that Act in Respect of Sport;

SI/2003-131 — Order Fixing June 17, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-132 — Order Assigning the Honourable Paul DeVillers to Assist the Minister of Canadian Heritage, the Minister of Health and Leader of the Government in the House of Commons;

SI/2003-133 — Camp Ipperwash Indian Settlement Remission Order, 2003;

SI/2003-135 — Victoria Chase Remission Order;

SI/2003-139 — Order Declining to Set Aside or Refer Back to the CRTC Decision CRTC 2003-115;

SI/2003-142 — Order Fixing July 28, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-144 — Order Fixing August 15, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-145 — Order Fixing September 1, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-146 — Order Directing that Certain Documents be Discontinued;

SI/2003-147 — Order Fixing September 1, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-150 — Order Fixing September 12, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-151 — Non-Article 5 North Atlantic Treaty Organization (NATO) Medal for Operations in the Balkans Order;

SI/2003-152 — Article 5 North Atlantic Treaty Organization (NATO) Medal for Operation “Active Endeavour” Order;

SI/2003-153 — Article 5 North Atlantic Treaty Organization (NATO) Medal for Operation “Eagle Assist” Order;

SI/2003-155 — Proclamation Giving Notice that the Interim Agreement on Social Security between Canada and Israel Comes Into Force on September 1, 2003;

SI/2003-159 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of Hungary Comes Into Force on October 1, 2003;

SI/2003-160 — Chanakarn Kongprayoonvate Remission Order;

SI/2003-161 — Bernard Waddington Remission Order;

SI/2003-162 — Order Fixing October 30, 2003 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2003-163 — Humber Valley Paving Ltd. Remission Order;

SI/2003-164 — Accredited ICAO Missions Remission Order (Part IX of the Excise Tax Act);

SI/2003-165 — Order Fixing November 4, 2003 as the Date of the Coming into Force of the Act;

SI/2003-166 — Coin-operated Devices (Streamlined Accounting Users) Remission Order;

SI/2003-168 — 310564 Alberta Ltd. Remission Order;

SI/2003-169 — Danette Electronical Engineering Services Inc. Remission Order;

SI/2003-171 — Reservation to the Crown Waiver Order (Shell Lake, N.W.T.);

SI/2003-174 — Order Designating the Minister of Transport to Represent Her Majesty in right of Canada for the Purposes of the Act;

SI/2003-176 — Order Fixing December 1, 2003 as the Date of the Coming into Force of the Act;

SI/2003-177 — Order Designating the Minister of the Environment as Minister for Purposes of the Act;

SI/2003-178 — Order Fixing November 20, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-179 — Proclamation Proroguing Parliament to January 12, 2004;

SI/2003-180 — Proclamation Summoning Parliament to Meet January 12, 2004 (DESPATCH OF BUSINESS);

SI/2003-181 — Order Fixing January 1, 2004 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2003-183 — Order Authorizing the Issuance of Non-circulation Coins of the Denomination of Eight Dollars;

SI/2003-184 — Northern Pipeline Agency Cost Recovery Charge Remission Order;

SI/2003-185 — Order Fixing January 4, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-187 — Order Fixing January 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-188 — Proclamation designating July 28 of Every Year as “A Day of Commemoration of the Great Upheaval,” Commencing July 28, 2005;

SI/2003-189 — Order Terminating the Assignments of Secretaries of States;

SI/2003-190 — Order Assigning the Honourable Ethel Blondin-Andrew to Assist the Minister of Social Development and the Minister of Human Resources and Skills Development;

SI/2003-191 — Order Assigning the Honourable Carolyn Bennett to Assist the Minister of Health;

SI/2003-192 — Order Assigning the Honourable Denis Paradis to Assist the Minister of Finance;

SI/2003-193 — Order Assigning the Honourable Joe Comuzzi to Assist the Minister of Industry;

SI/2003-194 — Order Assigning the Honourable Jean Augustine to Assist the Minister of Canadian Heritage;

SI/2003-195 — Order Assigning the Honourable Andy Scott to Assist the Minister of the Environment;

SI/2003-196 — Order Assigning the Honourable Albina Guarnieri to Assist the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness and the Minister of National Defence;

SI/2003-197 — Order Assigning the Honourable Jacques Saada to Assist the Prime Minister;

SI/2003-198 — Order Assigning the Honourable Mauril Bélanger to Assist the Prime Minister;

SI/2003-199 — Order Assigning the Honourable Stan Keyes to Assist the Minister of Canadian Heritage.

At 9:41 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)