Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - November 4, 2004

OTTAWA, Thursday, November 4, 2004
(2)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:37 a.m. in room 256-S of the Centre Block, the Joint Chairs, the Honourable Senator J. G. Bryden and Mr. Gurmant Grewal presiding.

Representing the Senate: The Honourable Senators Bryden, Hervieux-Payette, PC, and Moore (3).

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

Also present: Joann Garbig, Acting Joint Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: François-R. Bernier, General Counsel, Peter Berhardt and Rob Billingsley, Counsel.

In attendance: The official reporters of the Senate.

The committee undertook to consider its standing order of reference as set out in section 19 of the Statutory Instruments Act, R.S.C. (1985), ch. S-22, which reads as 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.

Ms. Guay resigned her position as Vice-Chair.

Mr. Anders moved:

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

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

Mr. Myers moved:

That the Standing Committee for the Scrutiny of Regulations appoint Mr. Rob Billingsley as Counsel for the Joint Committee as per the terms agreed to between the Joint Committee and the Library of Parliament.

Following debate and the question being put on the motion, it was resolved in the affirmative.

In the matter of SOR/88-58 — Air Transportation Regulations, it was agreed that counsel for the Committee would review the file at a later date and apprise the Committee of any action taken.

In the matter of SOR/89-93 — Ontario Fishery Regulations, 1989; SOR/2002-335 — Regulations Amending Certain Regulations Made Under the Fisheries Act; SOR/93-332 — Aboriginal Communal Fishing Licences Regulations, it was agreed that the Joint Chairs would write to the Minister of Fisheries and Oceans to share some of the Committee's observations.

In the matter of SOR/2002-68 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, it was agreed t o close this file.

In the matter of SOR/2001-133 — Regulations Amending the Reportable Diseases Regulations, it was agreed to close this file.

In the matter of SOR/96-252 — Seeds Regulations, amendment, it was agreed that the Joint Chairs would write to the Minister responsible for the Canadian Food Inspection Agency to share some of the Committee's observations.

In the matter of SOR/98-240, Rules Amending the Bankruptcy and Insolvency Rules, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at the Office of the Superintendent of Bankruptcy to share some of the Committee's observations.

In the matter of SOR/2000-202 — General Nuclear Safety and Control Regulations; SOR/2000-206 — Uranium Mines and Mills Regulations, it was agreed that Counsel for the Committee would write to the officials in charge of regulatory instruments at the Canadian Nuclear Safety Commission to share some of the Committee's observations.

In the matter of SOR/95-262 — Pari-Mutuel Betting Supervision Regulations, amendment, it was agreed that Counsel for the Committee would consider the matter at a later date and apprise the committee of any action taken.

In the matter of SOR/2000-203 — Radiation Protection Regulations, it was agreed that Counsel for the Committee would consider the matter at a later date and apprise the Committee of any action taken.

In the matter of SOR/2000-207 — Nuclear Substances and Radiation Devices Regulations, it was agreed that Counsel for the Committee would write to the officials in charge of regulatory instruments at the Canadian Nuclear Safety Commission to share some of the Committee's observations.

In the matter of SOR/2001-93 — Regulations Amending the Seeds Regulations, it was agreed that the Joint Chairs would write to the Minister responsible for the Canadian Food Inspection Agency to share some of the Committee's observations.

In the matter of SOR/2001-211 — Plum Pox Virus Compensation Regulation, it was agreed that the Joint Chairs would write to the minister responsible for the Canadian Food Inspection Agency to share some of the Committee's observations.

In the matter of SOR/2002-198 — Regulations Amending the Seeds Regulations, it was agreed that the Joint Chairs would write to the Minister responsible for the Canadian Food Inspection Agency to share some of the Committee's observations.

In the matter of SOR/94-240 — Canada Ports Corporation Administrative By-law, revocation; SOR/94-319 — Prince Rupert Port Corporation Administrative By-law, revocation; SOR/94-332 — Halifax Port Corporation Administrative By-law revocation; SOR/94-360 — St. John's Port Corporation Administrative By-law, revocation; SOR/95-318 — Port of Quebec Corporation Administrative By-law, repeal; SOR/95-460 — Vancouver Port Corporation Administrative By-law, repeal, it was agreed to close these files.

The Committee proceeded to examine SOR/97-300 — Regulations Amending the Processed Products Regulations; SOR/96-362 — Dairy Products Regulations, amendment; SOR/97-304 — Regulations Amending the Honey Regulations; SOR/99-55 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations; SOR/99-244 — Canadian Transportation Agency Designated Provisions Regulations; SOR/2000-210 — Nuclear Non-proliferation Import and Export Control Regulations; SOR/93-55 — Maritime Provinces Fishery Regulations.

The committee examined the following regulatory instruments presented without comment:

C.R.C. c. 1446 — Masters and Mates Examination Regulations

SI/98-80 — Proclamation Repealing the Coming into Force of Paragraph 106(2) (c) of the Criminal Code in the Northwest Territories

SI/2000-8 — Order Fixing February 25, 2000 as the Date of the Coming into Force of Certain Provisions of the Act

SI/2000-93 — Order Fixing November 1, 2000 as the Date of the Coming into Force of Certain Provisions of the Act

SI/2001-9 — Order Amending the Access to Information Act Heads of Government Institution Designation Order

SI/2001-55 — Order Fixing May 1, 2001 as the Date of the Coming into Force of Certain Provisions of the Act

SI/2001-61 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order

SI/2001-62 — Order Amending the Privacy Act Heads of Government Institutions Designation Order

SI/2001-100 — Proclamation Requesting that the People of Canada Set Aside Friday, September 14, 2001 as a Day of Mourning

SI/2001-103 0 Exclusion Approval Order for the Appointment of One Employee to a Position at the Correctional Service of Canada

SI/2001-110 — Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2001-457 and CRTC 2001-458

SI/2001-114 — Order Fixing November 24, 2001 as the Date of the Coming into Force of the Act

SI/2001-117 — Constitution Amendment, 2001 (Newfoundland and Labrador)

SI/2001-120 — Order Designating the Minister of Citizenship and Immigration as the Minister responsible for the administration of the Act

SI/2002-1 — Proclamation giving notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay is in force as of January 1, 2002.

SI/2002-2 — Order Repealing Order in Council P.C. 196-1243 of August 7, 1996, as Amended by Order in Council P.C. 2001-1578 of August 28, 2001

SI/2002-3 — Exclusion Approval Order for the Appointment of One Employee to a position at the Department of Foreign Affairs and International Trade

SI/2002-4 — Exclusion Approval Order for the Appointment of One Employee to a position at the Department of Public Works and Government Services

SI/2002-5 — Exclusion Approval Order for the Appointment of One Employee to a position at the Treasury Board Secretariat

SOR/82-568 — Masters and Mates Examination Regulations, amendment

SOR/83-652 — Masters and Mates Examination Regulations, amendment

SOR/93-118 — Quebec Fishery Regulations, 1990, amendment

SOR/98-17 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990

SOR/2000-103 — Regulations Amending Certain Regulations Made under Section 191 of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program)

SOR/2000-104 — Regulations Amending Certain Regulations Made under Section 140 of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program)

SOR/2000-109 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999

SOR/2000,110 — Order Amending the Schedule to the Customs Tariff, 2000-1

SOR/2000-114 — Regulations Amending the Motor Vehicle Tire Safety Regulations, 1995

SOR/2000-117 — Order Adding a Toxic Substance to Part 1 of Schedule 3 to the Canadian Environmental Protection Act, 1999

SOR/2000-118 — Order Adding a Toxic Substance to Part 3 of Schedule 3 to the Canadian Environmental Protection Act, 1999

SOR/2000-121 — Order Amending Schedule 1 to the Federal-Provincial Fiscal Arrangements Act

SOR/2000-123 — Regulations Amending the Wildlife Area Regulations

SOR/2000 -125 — Order Amending the Schedule to the Canada Marine Act (Belledune)

SOR/2000-129 — Regulations Amending the Public Service Employment Regulations, 2000

SOR/2000-130 — Regulations Amending the Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns)

SOR/2000-131 — Order Designating the Staff of the Non-Public Funds, Canadian Forces, a separate employer, for the purposes of paragraph 62(1)(a) of the Act

SOR/2000-134 — Regulations Amending the Canadian Aviation Regulation (Part III)

SOR/2000-137 — Regulations Amending the Public Service Superannuation Regulations

SOR/2000-140 — Regulations Amending the Port Authorities Operations Regulations

SOR/2000-142 — Expropriation Fees Regulations

SOR/2000-143 — Withdrawal of Entities Regulations

SOR/2000-144 — By-law Amending the Canada Deposit Insurance Corporation Joint and Trust Account Disclosure By-Law

SOR/2000-145 — By-law Repealing the Canada Deposit Insurance Corporation General By-Law

SOR/2000-146 — Regulations Amending the Food and Drug Regulations (1054 — Colours in Sausage Casings)

SOR/2000-147 — Regulations Amending the Food and Drug Regulations (1114 — Fosetyl-aluminum)

SOR/2000-149 — Regulations Amending the Food and Drug Regulations (1133 — Fluazifopbutyl)

SOR/2000-150 — Regulations Amending the Food and Drug Regulations (1140 — Nicosulfuron)

SOR/2000-151 — Regulations Amending the Food and Drug Regulations (1143 — Cyfluthrin)

SOR/2000-152 — Regulations Amending the Food and Drug Regulations (1154 — 2,4-D)

SOR/2000-153 — Regulations Amending the Food and Drug Regulations (1155 — Clopyralid)

SOR/2000-154 — Regulations Amending the Food and Drug Regulations (1177 — Metalaxyl)

SOR/2000-155 — Regulations Amending the Food and Drug Regulations (1181 — Ethylenebisdithiocarbamate fungicides

SOR/2000-156 — Regulations Amending the Food and Drug Regulations (1195 — Diazinon)

SOR/2000-157 — Regulations Amending the Food and Drug Regulations (1196 — Chlorothalonil)

SOR/2000-158 — Regulations Amending the Insurable Earnings and Collection of Premiums Regulations

SOR/2000-160 — Regulations Amending the Service Charges (Office of the Superintendent of Financial Institutions) Regulations

SOR/2000-161 — Order Amending Part 2 of the Schedule to the Royal Canadian Mint Act

SOR/2000-162 — Order Authorizing the Issue of Circulation Coins of Fifty Cents, Twenty-Five Cents, Ten Cents and Five Cents and Specifying their Characteristics

SOR/2000-164 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations

SOR/2000-167 — Regulations Amending the Public Service Superannuation Regulations

SOR/2000-168 — Order Amending Schedule I to the Public Service Superannuation Act

SOR/2000-171 — Regulations Amending the Canadian Wheat Board Regulations

SOR/2000-172 — Stelco Inc. Remission Order, 2000

SOR/2000-173 — Order Amending the Customs Tariff (Extension of General Preferential Tariff to the Republic of Bosnia and Herzegovina and the Former Yugoslav Republic of Macedonia)

SOR/2000-174 — Regulations Amending the Bank of Canada Notes Regulations

SOR/2000-175 — Order Amending Schedule I to the Access to Information Act

SOR/2000-176 — Order Amending the Schedule to the Privacy Act

SOR/2000-178 — Regulations Amending the Publications Supplied by a Non-resident Registrant Regulations

SOR/2000-180 — Regulations Amending the Input Tax Credit Information Regulations

SOR/2000-181 — DNA Data Bank Advisory Committee Regulations

SOR/2000-185 — Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Yukon Territory (Order No.1, 2000)

SOR/2000-186 — Order Amending the Organization of American States Privileges and Immunities in Canada Order

SOR/2000-188 — ``Terra Nova FPSO'' Remission Order

SOR/2000-190 — Regulations Amending the Income Tax Regulations

SOR/2000-394 — Regulations Amending the Employment Insurance (Fishing) Regulations

SOR/2001-26 — Order Amending the Canadian Egg Marketing Levies Order

SOR/2001-27 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986

SOR/2001-28 — Order Amending the Canada Turkey Marketing Levies Order

SOR/2001-30 — Rules Amending the National Energy Board Rules of Practice and Procedure, 1995

SOR/2001-37 — Railway Safety Management System Regulations

SOR/2001-53 — Order Suspending Certain Provision of the Special Import Measures Act

SOR/2001-54 — Regulations Amending the Special Import Measures Regulations

SOR/2001-74 — Regulations Amending the Employment Insurance Act (Fishing) Regulations

SOR/2001-100 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990

SOR/2001-112 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990

SOR/2001-113 — Order Amending the Canadian Egg Marketing Levies Order

SOR/2001-158 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990

SOR/2001-206 — Radiocommunication Act (Paragraph 9(1)(c) Exemption Order

SOR/2001-255 — Regulations Amending the Motor Vehicle Safety Regulations (Motorcycle Brake Systems)

SOR/2001-280 — By-law No. 2 Respecting Finance

SOR/2002-16 — Radiocommunication Act (Paragraph 9(1)(c) Exemption Order (National Defence and Security)

SOR/2002-29 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986

SOR/2002-30 — Order Amending the Canadian Egg Marketing Levies Order

SOR/2002-38 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986

SOR/2002-41 — Order Amending the Canada Turkey Marketing Levies Order

SOR/2002-122 — Regulations Amending the Life Saving Equipment Regulations

SOR/2002-319 — Order Amending the Canadian Egg Marketing Levies Order

SOR/2002-448 — Regulations Amending the Motor Vehicle Safety Regulations (Mirrors)

SOR/2003-23 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986

At 10:13 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)