Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 8 - Minutes of Proceedings - April 21, 2005

OTTAWA, Thursday, April 21, 2005
(9)

[Translation]

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 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, Art Hanger, Derek Lee, Paul Macklin, P.C. and Judy Wasylycia-Leis (7).

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

In attendance: The official reporters of the Senate.

The Committee continued its consideration of its permanent Order of Reference, as set out in section 19 of the Statutory Instruments Act, R.S.C. (1985), c. 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.

On SOR/88-230 — Frontier Lands Registration Regulations; SOR/88-263 — Newfoundland Offshore Area Registration Regulations; it was agreed that the Joint Chairmen invite the Minister of Natural Resources to appear before the Committee.

On SI/2003-119 — Proclamation Giving Notice that the Protocol Amending the Convention between Canada and Australia Came into Force on December 18, 2002; it was agreed that the Joint Chairmen correspond with the Minister of Finance with respect to certain comments made by the Committee.

On SI/2003-2 — Controlled Access Zone Order (Halifax, Esquimalt and Nanoose Harbours; it was agreed that Counsel to the Committee review the file at a later date and inform the Committee of any 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 the Joint Chairmen invite the Minister of Finance to appear before the Committee.

On SOR/99-144 — St. Lawrence Seaway Authority Divestiture Regulations; SOR/98-230 — Portions of the Department of National Defence Divestiture Regulations; SOR/98-231 — Portions of the Department of Public Works and Government Services Divestiture Regulations; SOR/98-232 — Regulations Amending the Airport Transfer Regulations; SOR/99-3 — Portions of the Department of Citizenship and Immigration Divestiture Regulations; SOR/ 99-247 — Portions of the Royal Canadian Mounted Police Divestiture Regulations; SOR/2000-1 — Certain Canada Port Authorities Divestiture Regulations; SOR/2000-60 — Portions of the Canada Ports Corporation Divestiture Regulations; it was agreed that the Joint Chairmen correspond with the Treasury Board of Canada Secretariat with respect to certain comments made by the Committee.

On SOR/2002-78 — Regulations Amending the Pension Benefits Standards Regulations, 1985; it was agreed that Counsel to the Committee review the file at a later date and inform the Committee of any action taken.

On SOR/2002-337 — Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002; it was agreed that Counsel to the Committee review the file at a later date and inform the Committee of any action taken.

On SOR/99-9 — Regulations Amending the Income Tax Regulations; it was agreed that Counsel to the Committee review the file at a later date and inform the Committee of any action taken.

On SOR/2002-162 — Guidelines Respecting Control in Fact for the Purpose of Subsection 407.2(1) of the Insurance Companies Act; SOR/2002-163 — Guidelines Respecting Control in Fact for the Purpose of Subsection 377(1) of the Bank Act; it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Finance with respect to certain comments made by the Committee.

The Committee considered SOR/2001-452 — Regulations Amending the Maritime Provinces Fishery Regulations; SOR/2003-87 — Endeavour Hydrothermal Vents Marine Protected Area Regulations; SOR/2004-63 — Regulations Amending the Ontario Fishery Regulations, 1989; SOR/2004-260 — Regulations Amending the Income Tax Regulations (2003 Drought Regions); SOR/2004-306 — Ontario Sex Offender Information Registration Regulations.

The Committee considered SOR/95-147 — Motor Vehicle Safety Regulations, amendment; SOR/2003-103 — Regulations Amending the Marine Mammal Regulations; SOR/2004-241 — Regulations Amending the Crown Corporation Corporate Plan, Budget and Summaries Regulations.

The Committee considered the following statutory instruments presented without comment:

SI/2002-8 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Kwanlin Dun First Nation, Y.T.);

SI/2002-12 — Order Fixing December 13, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-13 — Order Designating the Minister of Foreign Affairs as the Minister for Purposes of all provisions of that Act and the Minister of Transport as Minister for the Purpose of Section 7 of that Act;

SI/2002-14 — Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2001-628;

SI/2002-16 — Order Fixing December 24, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-67 — Order Amending the Treaty Land Entitlement (Saskatchewan) Remission Order;

SI/2002-69 — Order Designating the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations as Appropriate Minister with Respect to the Queens Quay West Land Corporation for Purposes of the Act;

SI/2002-70 — Order Designating the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations as Minister for Purposes of that Act;

SI/2002-71 — Order Fixing April 12, 2002 as the Date of the Coming into Force of Certain Sections of the Canada Fund for Africa Act;

SI/2002-72 — Order Designating the Minister for International Cooperation as Minister for Purposes of that Act;

SI/2002-75 — Proclamation Establishing Electoral Boundaries Commissions;

SI/2002-76 — Order Fixing April 17, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-79 — Order Designating the Minister of Transport as the Appropriate Minister for the Blue Water Bridge Authority for the Purposes of Part X of that Act;

SI/2002-80 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-81 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-83 — Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-39;

SI/2002-84 — Order Fixing June 12, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-85 — Order Fixing May 31, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-86 — Order Fixing June 12, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-87 — Order Terminating the Assignment of the Honourable Maurizio Bevilacqua and Assigning the Honourable Rey Pagtakhan to Assist the Minister of Industry;

SI/2002-88 — Order Terminating the Assignment of the Honourable John McCallum and Assigning the Honourable Maurizio Bevilacqua to Assist the Minister of Finance;

SI/2002-89 — Order Terminating the Assignment of the Honourable Claudette Bradshaw and Assigning the Honourable Jean Augustine to Assist the Minister of Canadian Heritage;

SI/2002-92 — Order Fixing June 3, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-93 — Order Designating the Minister of Public Works and Government Services as Minister for Purposes of the Canadian Wheat Board Act and as Appropriate Minister for the Canadian Wheat Board for Purposes of the Act;

SI/2002-94 — Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-81;

SI/2002-95 — Order Fixing July 1, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-97 — Order Fixing June 28, 2002 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2002-98 — Exclusion Approval Order for the Appointment of One Employee to a Position at the Department of Finance;

SI/2002-99 — Order Fixing June 21, 2002 as the Date of the Coming into Force of Certain Sections of the Canadian Payments Act;

SI/2002-100 — Order Fixing June 21, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-101 — Order Fixing June 27, 2002 as the Date of the Coming into Force of Certain Sections of the Canada Fund for Africa Act;

SI/2002-103 — North Atlantic Treaty Organization (NATO) Medal for the Former Yugoslav Republic of Macedonia (FYROM) Order;

SI/2002-104 — Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-82;

SI/2002-107 — Order Transferring from the Office of Infrastructure and Crown Corporations of Canada to the Department of Transport the Control and Supervision of the Corporation Implementation Group;

SI/2002-108 — Order Transferring from the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations to the Minister of Industry the Control and Supervision of the Infrastructure Investments to be known as the Office of Infrastructure of Canada;

SI/2002-109 — Order Transferring from the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations to the President of the Treasury Board the Control and Supervision of the Crown Corporation Policy and Information Division;

SI/2002-110 — Order Designating the Minister of Transport as Appropriate Minister for the Canada Lands Company Limited for Purposes of the Act;

SI/2002-112 — Order Designating the Minister of Transport as Appropriate Minister for Purposes of the Canada Mortgage and Housing Corporation Act and as Appropriate Minister with Respect to the Canada Mortgage and Housing Corporation for Purposes of the Financial Administration Act;

SI/2002-114 — Order Designating the Minister of Transport as Appropriate Minister for the Queens Quay West Land Corporation for Purposes of the Act;

SI/2002-115 — Order Designating the Minister of Transport as Minister for Purposes of the Act;

SI/2002-116 — Order Designating the Minister of Industry as Minister for Purposes of the Act;

SI/2002-117 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-118 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-119 — Order Designating the Office of Infrastructure of Canada as a Department and Designating the Deputy Head as Deputy Head for Purposes of the Act;

SI/2002-120 — Order Transferring from the Deputy Prime Minister and Minister of State to the Minister of Public Works and Government Services the Control and Supervision of the Office of Indian Residential Schools Resolution of Canada;

SI/2002-123 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Salt River First Nation, N.W.T.);

SI/2002-128 — Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2002-130 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-131 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-147 — Order Designating the Minister for International Trade as Minister for Purposes of Sections 1 to8 and Parts 1 and 3 of that Act;

SI/2002-153 — Order Fixing January 6, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-154 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Ezodziti, N.W.T.);

SI/2002-160 — Proclamation Declaring June 27 of each year as ``Canadian Multiculturalism Day'';

SI/2002-161 — Order Fixing January 1, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-163 — Exclusion Approval Order for the Appointment of One Person to a Position at the Correctional Service of Canada;

SI/2002-164 — Order Fixing January 6, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-148 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories(Deh Cho First Nations, N.W.T.);

SI/2003-200 — Order Assigning the Honourable Gar Knutson to Assist the Minister of International Trade;

SI/2003-201 — Order Assigning the Honourable Joe Volpe to Assist the Minister of Social Development;

SI/2003-202 — Order Transferring from the Minister of Social Development to the Minister of Human Resources and Skills Development the Control and Supervision of the Department of Human Resources and Skills Development;

SI/2003-204 — Order Transferring from the Minister of Social Development to the Minister of Human Resources and Skills Development the Powers, Duties and Functions Relating to the Canada Millennium Scholarships Foundation;

SI/2003-205 — Order Designating the Department of Human Resources and Skills Development as a Department and the Deputy Minister as the Deputy Head;

SI/2003-206 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-207 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-208 — Order Transferring from the Minister of Foreign Affairs to the Minister of International Trade the Control and Supervision of the Department of International Trade;

SI/2003-209 — Order Transferring Certain Portions of the Department of Foreign Affairs to the Department of International Trade;

SI/2003-210 — Order Transferring Certain Portions of the Department of Industry to the Department of International Trade;

SI/2003-211 — Order Designating the Department of International Trade as a Department and the Deputy Minister as Deputy Head;

SI/2003-212 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-213 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-214 — Order Transferring from the Minister of Citizenship and Immigration to the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness the Control and Supervision of the Canada Border Services Agency;

SI/2003-216 — Order Transferring Certain Portions of the Canada Customs and Revenue Agency to the Canada Border Services Agency;

SI/2003-217 — Order Transferring Certain Portions of the Operations Branch of the Canadian Food Inspection Agency to the Canada Border Services Agency;

SI/2003-218 — Order Designating the Canada Border Services Agency as a Department and the President as Deputy Head;

SI/2003-219 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-220 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-221 — Order Transferring from the President of the Treasury Board to the President of the Queen's Privy Council for Canada the Control and Supervision of the Public Service Human Resources Management Agency of Canada;

SI/2003-222 — Order Transferring Portions of the Treasury Board Secretariat to the Public Service Human Resources Management Agency of Canada;

SI/2003-223 — Order Designating the Public Service Human Resources Management Agency of Canada as a Department and the President as Deputy Head;

SI/2003-224 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-225 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-226 — Order Transferring from the Minister of Canadian Heritage to the Minister of the Environment the Control and Supervision of the Parks Canada Agency;

SI/2003-227 — Order Transferring from the Minister of Industry to the Minister of the Environment the Control and Supervision of the Office of Infrastructure of Canada;

SI/2003-228 — Order Transferring from the Minister of Public Works and Government Services to the President of the Queen's Privy Council for Canada the Control and Supervision of the Office of Indian Residential Schools Resolution;

SI/2003-229 — Order Transferring from the Department of National Defence to the Department of the Solicitor General the Control and Supervision of the Office of Critical Infrastructure Protection and Emergency Preparedness;

SI/2003-230 — Order Transferring from the Department of Justice to the Department of the Solicitor General the Control and Supervision of the National Crime Prevention Centre;

SI/2003-231 — Order Transferring from the Department of Canadian Heritage to the Department of Human Resources Development the Control and Supervision of the Voluntary Sector Affairs Directorate;

SI/2003-232 — Order Transferring from the Treasury Board Secretariat to the Department of Public Works and Government Services Certain Portions of the Chief Information Officer Branch of the Treasury Board Secretariat;

SI/2003-233 — Order Transferring from the Department of Fisheries and Oceans to the Department of Transport Certain Portions of the Directorate-General of Maritime Programs;

SI/2003-234 — Order Designating the Minister of the Environment as Minister for Purposes of the Act;

SI/2003-235 — Order Designating the Minister of the Environment as Appropriate Minister for the Canada Lands Company Limited for Purposes of the Act;

SI/2003-236 — Order Designating the Minister of the Environment as Appropriate Minister for Purposes of the Canada Mortgage and Housing Corporation Act and as Appropriate Minister for Purposes of the Financial Administration Act;

SI/2003-237 — Order Designating the Minister of the Environment as Appropriate Minister for the Queens Quay West Land Corporation for Purposes of the Act;

SI/2003-240 — Order Transferring from the Minister of Transport to the Minister of National Revenue the Control and Supervision of the Royal Canadian Mint and the Powers, Duties and Functions under the Royal Canadian Mint Act;

SI/2003-241 — Order Designating the Minister of the Environment for Purposes of the Act;

SI/2003-243 — Order Designating the Minister of the Canadian Heritage as the Minister to Whom the Public Service Staff Relations Board Shall Summit an Annual Report;

SI/2003-244 — Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act;

SI/2003-245 — Order Designating the President of the Queen's Privy Council for Canada as Minister for Purposes of the Act;

SI/2003-246 — Order Designating the Minister of Natural Resources as Minister for Purposes of the Act.

At 9:32 a.m., the committee adjourned to the call of the Joint Chairs.

ATTEST:

François Michaud

Joint Clerk (Senate) of the Committee