Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 2 - Minutes of Proceedings - November 18, 2004

OTTAWA, Thursday, November 18, 2004
(3)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:30 a.m., this day in room 256-S, Centre Block, the Joint Chairmen, the Honourable Senator John G. Bryden and Mr. Gurmant Grewal, presiding.

Representing the Senate: The Honourable Senators: Bryden, Hervieux-Payette, P.C. 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, P.C., Lynn Myers, Judy Wasylycia-Leis and Tom Wappel (11).

In attendance: Jean-François Lafleur, Joint Committee Clerk (House of Commons); and from the Parliamentary Research Branch, Library of Parliament: François-R. Bernier, Senior Counsel, and Jacques Rousseau, Counsel.

Also in attendance: The official reporters of the Senate.

The Committee continued consideration of its permanent Order of Reference, section 19, The Statutory Instruments Act, R.S.C. 1985, c. S-22, which follows:

19. 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 discussed the budget adopted on October 21, 2004, and its mandate.

On SOR/95-74 — Marine Occupational Safety and Health Regulations, Amendment; and SOR/2002-388 Marine Occupational Safety and Health Regulations, Amendment, it was agreed that the Committee's legal counsel should examine the files at a later date and inform the Committee of the measures taken.

On SI/2003-117 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order, it was agreed to close the file.

On SOR/2003-86 — Steering Appliances and Equipment Regulations, it was agreed to close the file.

On SOR/2003-88 — Public Service Employment Regulations, 2000, it was agreed to close the file.

On the Parks Canada Master List of Fees, it was agreed that the Joint Chairs correspond with the Minister responsible for Parks Canada with respect to certain comments made by the Committee.

On SOR/2003-284 — Regulations Amending the Canada Grain Regulations, it was agreed that the Joint Chairs correspond with the Minister responsible for Agriculture and Agri-Food with respect to certain comments made by the Committee.

On SOR/91-152 — Chlorobiphenyls Regulations, it was agreed that the Committee's legal counsel should examine the files as a later date and inform the Committee of the measures taken.

On SOR/92-446 — Transportation Safety Board Regulations, it was agreed that the Committee's legal counsel correspond with the Designated Instruments Officer at the Transportation Safety Board of Canada with respect to certain comments made by the Committee.

On the Parks Canada Master List of Fees, 2003-2004, it was agreed that the Committee's legal counsel correspond with the Designated Instruments Officer at Parks Canada with respect to certain comments made by the Committee.

On SOR/98-2 — Regulations Amending the Fish Inspection Regulations; SOR/99-169 — Regulations Amending the Fish Inspection Regulations; and SOR/2002-354 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2001-1 (Miscellaneous Program), it was agreed that the Joint Chairs correspond with the Minister responsible for Canada Food Inspection Agency with respect to certain comments made by the Committee.

On SOR/92-620 — Corrections and Conditional Release Regulations; and SOR/96-108 — Corrections and Conditional Release Regulations, it was agreed that the Committee's legal counsel should examine the files as a later date and inform the Committee of the measures taken.

The Committee considered SOR/2001-494 — Regulations Amending Certain Regulations made under the Payments in Lieu of Taxes Act and Schedules I to III to that Act; SOR/96-171 — National Parks of Canada Water and Sewer Regulations, Amendment; SOR/2004-44 — Regulations Amending the National Parks of Canada Water and Sewer Regulations; SOR/2002-186 — Regulations Amending the National Battlefields Park By-law; SOR/2002-355 — Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations (Miscellaneous Program); SOR/99-328 — Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations; and SOR/2002-375 — Regulations Amending the National Energy Board Cost Recovery Regulations.

The Committee considered the following Statutory Instruments without comment:

SI/2000-83 — Order Amending Certain Orders Made under the Financial Administration Act, 2000-2

SI/2001-23 — Order Respecting the Remission of Interest Payments Owing to the Government of Canada on Loans Made to the Republic of Cameroon, the Republic of Madagascar and the Republic of Zambia

SI/2001-28 — Secretariat of the Convention on Biological Diversity Remission Order (Part IX of the Excise Tax Act)

SI/2001-30 — Order Repealing Certain Remission Orders Made under the Financial Administration Act (2000-2)

SI/2001-31 — Order Repealing Certain Remission Orders Made under the Financial Administration Act (2000-3)

SI/2001-93 — Government of Jamaica Remission Order

SI/2001-101 — Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (National Park — Bathurst Island, Nunavut)

SI/2001-108 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Salt River First Nation, N.W.T.)

SI/2001-109 — Visitor Visa Fee (World Youth Day 2002) Remission Order

SI/2002-34 — Order Designating the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations as Minister for Purposes of the Act

SI/2002-111 — Order Designating the Minister of Transport as Minister for Purposes of the Act

SI/2002-148 — Line Lajeunesse and Eduardus A.T. Merks Remission Order

SI/2002-150 — Steven Hedin Remission Order

SI/2002-151 — Gary DeBoer and Eva DeBoer Remission Order

SI/2002-152 — Conrad Wilkinson Remission Order

SI/2003-239 — Order Designating the Minister of National Revenue as Minister for Purposes of the Act

SI/2003-242 — Order Designating the Minister of National Revenue as Minister for Purposes of the Act

SI/2004-4 — Proclamation Summoning Parliament to Meet February 2, 2004 (DESPATCH OF BUSINESS)

SI/2004-5 — Order Repealing Order in Council P.C. 2003-2100 of December 12, 2003

SOR/92-29 — Quebec Fishery Regulations, 1990, Amendment

SOR/92-351 — Specialized Financing (Trust and Loan Companies) Regulations

SOR/92-524 — Assets (Property and Casualty Companies) Regulations

SOR/99-263 — Regulations Amending the Migratory Birds Regulations

SOR/2000-391 — Regulations Amending the Indian Band Election Regulations

SOR/2000-392 — Regulations Amending the Indian Referendum Regulations

SOR/2001-176 — Regulations Amending the Air Services Charges Regulations

SOR/2001-215 — Regulations Amending the Migratory Birds Regulations

SOR/2001-334 — Regulations Amending the Broadcasting Distribution Regulations

SOR/2001-337 — Standing Orders Amending the Commissioner's Standing Orders (Practice and Procedure)

SOR/2001-341 — Regulations Amending the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations

SOR/2001-356 — Regulations Amending the Pacific Pilotage Tariff Regulations

SOR/2001-357 — Regulations Amending Certain Regulations Made under the Broadcasting Act (Definition of ``Associate'')

SOR/2001-363 — Aggregate Financial Exposure (Banks) Regulations

SOR/2001-383 — Exemption from Restrictions on Investments (Banks, Bank Holding Companies and Foreign Banks) Regulations

SOR/2001-385 — Exemption from Restrictions on Investments (Insurance Companies, Insurance Holding Companies and Societies) Regulations

SOR/2001-386 — Investment Limits (Trust and Loan Companies) Regulations

SOR/2001-387 — Factoring Entity Regulations

SOR/2001-388 — Finance Entity Regulations

SOR/2001-399 — Manner of Calculation (Foreign Banks) Regulations

SOR/2001-400 — Material Percentage Regulations

SOR/2001-402 — Minority Investment (Banks) Regulations

SOR/2001-403 — Minority Investment (Cooperative Credit Associations) Regulations

SOR/2001-404 — Minority Investment (Insurance Companies) Regulations

SOR/2001-406 — Minority Investment (Trust and Loan Companies) Regulations

SOR/2001-411 — Prohibited Activities Respecting Real Property (Foreign Banks) Regulations

SOR/2001-412 — Prospectus (Banks and Bank Holding Companies) Regulations

SOR/2001-413 — Prospectus (Insurance Companies and Insurance Holding Companies) Regulations

SOR/2001-414 — Prospectus Exemptions (Bank Holding Companies) Regulations

SOR/2001-415 — Regulations Amending the Prospectus Exemptions (Banks) Regulations

SOR/2001-416 — Regulations Amending the Prospectus Exemptions (Cooperative Credit Associations) Regulations

SOR/2001-417 — Regulations Amending the Prospectus Exemptions (Insurance Companies) Regulations

SOR/2001-418 — Prospectus Exemptions (Insurance Holding Companies) Regulations

SOR/2001-419 — Regulations Amending the Prospectus Exemptions (Trust and Loan Companies) Regulations

SOR/2001-420 — Regulatory Capital (Bank Holding Companies) Regulations

SOR/2001-421 — Regulations Amending the Regulatory Capital (Banks) Regulations

SOR/2001-422 — Regulations Amending the Regulatory Capital (Cooperative Credit Associations) Regulations

SOR/2001-423 — Regulations Amending the Regulatory Capital (Insurance Companies) Regulations

SOR/2001-424 — Regulatory Capital (Insurance Holding Companies) Regulations

SOR/2001-425 — Regulatory Capital (Trust and Loan Companies) Regulations

SOR/2001-426 — Security Certificate Transfer Fee (Banks, Bank Holding Companies, Insurance Companies and Insurance Holding Companies) Regulations

SOR/2001-433 — Subsidiaries that Hold Bank Holding Company Shares Regulations

SOR/2001-434 — Subsidiaries that Hold Insurance Holding Company Shares Regulations

SOR/2001-435 — Total Assets for Public Holding Requirements (Trust and Loan Companies) Regulations

SOR/2001-436 — Total Assets for Supervisability and Public Holding Requirements (Banks and Bank Holding Companies) Regulations

SOR/2001-437 — Total Assets for Supervisability and Public Holding Requirements (Insurance Companies and Insurance Holding Companies) Regulations

SOR/2001-442 — By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Information By-law

SOR/2001-443 — Regulations Amending the Letter Mail Regulations

SOR/2001-444 — Regulations Amending the Letter Mail Regulations

SOR/2001-446 — Regulations Amending the Armed Forces Postal Regulations

SOR/2001-447 — Regulations Amending the Special Services and Fees Regulations

SOR/2001-448 — Regulations Amending the Special Services and Fees Regulations

SOR/2001-462 — Regulations Amending the Canada Student Financial Assistance Regulations

SOR/2001-463 — Regulations Amending the Public Sector Pension Investment Board Regulations

SOR/2001-468 — Disclosure of Interest (Authorized Foreign Banks) Regulations

SOR/2001-469 — Disclosure of Interest (Banks) Regulations

SOR/2001-470 — Regulations Amending the Disclosure of Interest (Trust and Loan Companies) Regulations

SOR/2001-471 — Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations

SOR/2001-472 — Disclosure on Account Opening by Telephone Request (Banks) Regulations

SOR/2001-473 — Disclosure on Account Opening by Telephone Request (Trust and Loan Companies) Regulations

SOR/2001-476 — Canadian Payments Association Membership Requirements Regulations

SOR/2001-486 — Regulations Amending the Motor Vehicle Safety Regulations (electrolyte spillage and electrical shock protection)

SOR/2001-487 — Regulations Amending the Interim Payments and Recovery of Overpayments Regulations

SOR/2001-488 — Regulations Amending the Canadian Wheat Board Regulations

SOR/2001-490 — Regulations Amending the Canada Small Business Financing Regulations

SOR/2001-495 — Regulations Amending the Employment Insurance Regulations

SOR/2001-498 — Order 2001-87-09-01 Amending the Domestic Substances List

SOR/2001-516 — Regulations Amending the Employment Insurance Regulations

SOR/2001-518 — Goose Bay Airport Zoning Regulations

SOR/2001-534 — Order 2001-87-10-01 Amending the Domestic Substances List

The Joint Chairs informed the committee that the December 2 meeting would be televised and that the Subcommittee on Agenda and Procedure would consider the report of the External Advisory Committee on Smart Regulation.

At 10:06 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)