Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 13 - Minutes of Proceedings - October 20, 2005

OTTAWA, Thursday, October 20, 2005
(14)

[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 Senator John G. Bryden and Rob Anders presiding.

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

Representing the House of Commons: Rob Anders, Monique Guay, Randy Kamp, Derek Lee, Marc Lemay, Paul Macklin, P.C., Lynn Myers, Tom Wappel and Merv Tweed (9).

Also present: Joann Garbig, Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: François-R. Bernier, Senior Counsel, Jacques Rousseau, Counsel.

Other member present: Gurmant Grewal (1).

In attendance: The official reporters of the Senate.

The committee continued to examine its permanent order of reference as set out in section 19 of the Statutory Instruments Act, R.S.C. (1985), Chapter S-22, which provides for the following:

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 Joint Clerk of the Committee for the House of Commons presided over the election of the Joint Chairs.

Mr. Tweed moved:

That Rob Anders be elected Joint Chair of the Committee.

The question being put on the motion, it was resolved in the affirmative.

The Joint Chair of the committee representing the Senate presided over the election of the Vice-Chair.

Mr. Macklin moved:

That Lynn Myers be elected Vice-Chair of the Committee.

The question being put on the motion, it was resolved in the affirmative.

The Joint Chair of the committee representing the House of Commons presided over the election of the Vice-Chair.

Mr. Macklin moved:

That Marc Lemay be elected Vice-Chair of the Committee.

The question being put on the motion, it was resolved in the affirmative.

Mr. Lemay resigned his position as Vice-Chair and moved:

That Judy Wasylycia-Leis be elected Vice-Chair of the Committee.

The question being put on the motion, it was resolved in the affirmative.

The Joint Chairs presiding.

The Honourable Senator Bryden informed the committee of a proposal by the Scottish Parliament to hold a video conference to learn about the workings of the Joint Committee. A debate ensued, following which it was agreed that the committee would first provide information in writing to the Scottish Parliament and then ask if it felt a video conference will still needed.

On SOR/98-2 — Regulations Amending the Fish Inspection Regulations; SOR/99-169 — Regulations Amending the Fish Inspection Regulations, it was agreed that committee counsel would write to the statutory instruments officer at the the Canadian Food Inspection Agency to share some of the committee observations.

On SOR/2002-354 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2002-1 (Miscellaneous Program).

On SOR/2000-199 — Regulations Amending Certain Regulations Made under the Canada Post Corporation Act (Miscellaneous Program), it was agreed to close the file.

On SOR/86-236 — Statistics Canada Fees Order No. 1, it was agreed that committee counsel would examine the file later and apprise the committee of action taken.

On SOR/97-10 — Registration of Storage Tank Systems for Petroleum Products and Allied Petroleum Products on Federal Lands Regulations, it was agreed that committee counsel would write to the statutory instruments officer at Environment Canada to share some of the committee's observations.

On SOR/99-437 — Regulations Amending the Exclusion List Regulations, it was agreed that committee counsel would write the statutory instruments officer at the Canadian Food Inspection Agency to share some of the committee's observations.

On SOR/2001-111 — Regulations Amending the Meat Inspection Regulations, 1990, it was agreed that committee counsel would write to the statutory instruments officer at the Canadian Food Inspection Agency to share some of the committee's observations.

On SOR/2001-32 — Controlled Goods Regulations, it was agreed that committee counsel would write to the statutory instruments officer at Public Works Government Services Canada to share some of the committee's observations.

On SOR/2004-198 — Regulations Amending the Canada Grain Regulations, it was agreed that committee counsel would write to the statutory instruments officer at the Canadian Grain Commission to share some of the committee's observations.

On National Farm Products Council Guidelines for Complaints, it was agreed that committee counsel would examine the file later and apprise the committee of action taken.

On SOR/98-443 — Environmental Assessment Review Panel Service Charges Order, it was agreed that committee counsel would write to the statutory instruments officer at the Canadian Environmental Assessment Agency to share some of the committee's observations.

On SOR/99-294 — Onshore Pipeline Regulations, 1989; SOR/2001-179 — Regulations Amending the Life Saving Equipment Regulations; SOR/2003-378 — Regulations Amending the Special Services and Fees Regulations; SOR/ 2003-379 — Regulations Amending the Materials for the Use of the Blind Regulations; SOR/2004-137 — Ash-Free Zone Regulations; SOR/2005-225 — Regulations Amending the Canada Grain Regulations, it was agreed that committee counsel examine the file later and apprise the committee of action taken.

On SOR/2003-155 — Regulations Amending the Health of Animals Regulations; SOR/2005-165 — Regulations Amending the Refund of Duties Regulations, it was agreed to close the files.

The committee examined the following statutory instruments presented without comment:

SI/2004-137 — Order Fixing October 13, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-138 — Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act;

SI/2004-139 — Association of Universities and Colleges of Canada Remission Order;

SI/2004-140 — Order Fixing October 29, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-141 — Order Designating the Minister of State (Infrastructure and Communities) as Minister for Purposes of the Act;

SI/2004-142 — Order Assigning the Honourable Stephen Owen to Assist the Minister of Canadian Heritage;

SI/2004-143 — Order Assigning the Minister of Labour as Minister for Purposes of the Act;

SI/2004-144 — Order Designating the Minister of Labour as Appropriate Minister with Respect to the Canadian Centre for Occupational Health and Safety for Purposes of the Act;

SI/2004-147 — Bergen Springs Estates Ltd. Remission Order;

SI/2004-148- Certain Hidden Valley Golf Resort Association Members Remission Order;

SI/2004-149 — Nelson Consulting Services Limited Remission Order;

SI/2004-152 — Exclusion Approval Order for the Appointment of One Employee to a Position in the Department of Foreign Affairs;

SI/2004-153 — Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (the Eeyou Marine Region, Nunavut);

SI/2004-154 — Janet Hall Remission Order;

SI/2004-155- Order Recommending that Each Entity Listed as of July 23, 2004, in the Regulations Establishing a List of Entities Remain a Listed Entity;

SI/2004-156 — Exclusion Approval Order for the Appointment of One Employee to a Position in the Department of National Defence;

SI/2004-157 — Order Fixing December 15, 2004 as the Date of the Coming into Force of the Act;

SI/2004-158 — Order Fixing December 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-159 — Order Fixing December 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-160 — Madeline Kuncio Remission Order;

SI/2004-161 — Matunga Kabundi-Leonie Remission Order;

SI/2004-162 — European Security and Defence Policy Service Medal Order;

SI/2004-164 — Proclamation Giving Notice that the Agreement on Social Security Between the Government of Canada and the Government of the Republic of Turkey Comes Into Force on January 1, 2005;

SI/2005-1 — Proclamation Requesting that the People of Canada Set Aside Saturday, January 8, 2005 as a Day of Mourning;

SI/2005-3 — Order Terminating the Assignment of the Honourable Joe Volpe and Assigning the Honourable Lucienne Robillard to Assist the Minister of Social Development;

SI/2005-6 — Order Fixing January 31, 2005 as the Date of the Coming into Force of Part 4 of the Budget Implementation Act, 2004;

SI/2005-7 — Kyle Blaney Remission Order;

SI/2005-8 — Reservation to the Crown Waiver Order (Great Slave Lake);

SI/2005-9 — Reservation to the Crown Waiver Order (Bed of Great Slave Lake);

SI/2005-10 — Order Designating the Minister of Citizenship and Immigration to Represent Her Majesty in right of Canada for Purposes of the Act;

SI/2005-11 — Order Designating the Minister of Citizenship and Immigration as the Minister Responsible for Matters Relating to the Activities of the Federal Government with Respect to the Toronto Waterfront Revitalization Initiative;

SI/2005-12 — Order Transferring from the Minister of Human Resources and Skills Development to the Minister of Citizenship and Immigration the Powers, Duties and Functions Relating to the Contribution Agreement;

SI/2005-13 — Order Transferring from the Department of Human Resources and Skills Development to the Department of Citizenship and Immigration the Control and Supervision of the Toronto Waterfront Revitalization Initiative Secretariat;

SI/2005-15 — Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2004-538;

SI/2005-16 — Order Fixing April 1, 2005 as the Date of the Coming into Force of Section 2 of the Act;

SI/2005-17 — Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act;

SI/2005-18 — Order Fixing April 1, 2005 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2005-21 — Order Fixing March 31, 2005 as the Date Repealing the Public Service Staff Relations Act;

SI/2005-22 — Order Fixing April 1, 2005 as the Date of the Coming into Force of the Preamble, Certain Sections and Part I of the Public Service Labour Relations Act;

SI/2005-23 — Order Fixing April 1, 2005 as the Date of the Coming into Force of Certain Sections of the Public Service Labour Relations Act;

SI/2005-24 — Order Fixing April 1, 2005 as the Date of the Coming into Force of Certain Sections of the Act and Certain Parts of the Public Service Labour Relations Act;

SI/2005-25 — Order Fixing April 1, 2005 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2005-26 — Certain Ontario Cottage Lot Purchasers Remission Order;

SI/2005-27 — Order Fixing April 10, 2005 as the Date of the Coming into Force of Certain Sections of the Act and Paragraph 24(2)(c) of the Firearms Act;

SI/2005-28 — Order Designating the Minister of Human Resources and Skills Development as Minister for Purposes of the Act;

SOR/93-44 — Immigration Regulations, 1978, amendment;

SOR/93-581 — Textile and Apparel Extension of Benefit Order;

SOR/94-676 — Pacific Harbour Dues Tariff By-law, amendment;

SOR/95-353 — Immigration Regulations, 1978, amendment;

SOR/97-1 — Regulations Amending the Canadian Chicken Licensing Regulations;

SOR/97-3 — Pacific Harbour Dues Tariff By-law, amendment;

SOR/97-22 — Immigration Act Fees Regulations;

SOR/97-55 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/97-75 — CIFTA Verification of Origin Regulations;

SOR/98-146 — Pacific Harbour Dues Tariff By-law, amendment;

SOR/98-440 — Regulations Amending the Games of Chance (GST) Regulations;

SOR/99-291 — Regulations Amending the Patent Rules;

SOR/99-292 — Regulations Amending the Trade-marks Regulations (1996);

SOR/99-313 — Regulations Amending the Coastal Fisheries Protection Regulations;

SOR/99-360 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/99-362 — Regulations Amending the Fair Wages and Hours of Labour Regulations;

SOR/99-366 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/99-367 — Regulations Amending the Public Service Body Rebate (GST) Regulations;

SOR/2000-404 — Regulations Amending the Canadian Aviation Regulations (Part V);

SOR/2000-405 — Regulations Amending the Canadian Aviation Regulations (Parts I and II).

At 9:37 a.m., the committee adjourned to the call of the Chair.

ATTEST:

Tõnu Onu

Acting Joint Clerk of the Committee (Senate)