REGS Committee Meeting
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Proceedings of the Standing Joint Committee on Scrutiny of Regulations
Issue 1 – Minutes of Proceedings – June 1, 2006
Ottawa, Thursday, June 1, 2006
(2)
[Translation]
The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:39 a.m. in Room 256-S of the Centre Block, of the Centre Block, the Joint Chairs, the Honourable Senator J. Trevor Eyton and Mr Paul Szabo presiding.
Representing the Senate: The Honourable Senators Bryden, De Bané, P.C., Eyton, Harb and Moore (5).
Representing the House of Commons: Gérard Asselin (for Monique Guay), Robert Bouchard, Ron Cannan, Dean Del Mastro, Paul Dewar, Ken Epp, Derek Lee, Rick Norlock, Paul Szabo, Garth Turner, P.C., and Tom Wappel (11).
Also present: Mike Macpherson, 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 Bernhardt, 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.
The Joint Chairs made a statement.
In the matter of SOR/89-93 – Ontario Fishery Regulations, 1989, the Honourable Senator Bryden moved that a letter giving notice of the committee's intention of passing a resolution calling for the repeal of a portion of the Regulations be sent to the Minister of Fisheries and Oceans.
The question being put on the motion, it was resolved in the affirmative.
In the matter of SOR/96-254 — Processing and Distribution of Semen for Assisted Conception Regulations; SOR/2000-299 — Regulations to amend the Processing and Distribution of Semen for Assisted Conception Regulations (1218 – other tests); SOR/2000-410 — Regulations to amend the Processing and Distribution of Semen for Assisted Conception Regulations (1238 – special access), it was agreed that the Joint Chairs would write to the Minister of Health to share some of the Committee's observations.
In the matter of C.R.C., c. 1325 — Public Lands Mineral 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/85-686 — Pest Control Products 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/95-405 — Response Organizations and Oil Handling Facilities 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/2000-205 — Class II Nuclear Facilities and Prescribed Equipment Regulations, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at the Canadian Nuclear Safety Commission to share some of the Committee's observations.
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 person in charge of regulatory instruments at the Canadian Nuclear Safety Commission to share some of the Committee's observations
In the matter of SOR/2000-209 — Nuclear Security Regulations, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at the Canadian Nuclear Safety Commission to share some of the Committee's observations.
In the matter of SOR/2000-141 — Commissioner's Standing Orders (Dispute Resolution Process for Promotions and Job Requirements), it was agreed that the Joint Chairs would write to the Commissioner of the Royal Canadian Mounted Police to share some of the Committee's observations.
In the matter of SOR/97-390 — Crewing Regulations; SOR/2002-151 — Regulations Amending the Crewing Regulations, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at Transport Canada to share some of the Committee's observations.
In the matter of SOR/97-391 — Marine Certification Regulations; SOR/2002-150 — Regulations Amending the Marine Certification Regulations, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at Transport Canada to share some of the Committee's observations.
In the matter of SOR/2000-265 — Ship Station (Radio) Technical Regulations, 1999, 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/2004-255 — Regulations Amending the Port Authorities Operations Regulations, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at Transport Canada to share some of the Committee's observations.
In the matter of SOR/93-486 — Regulations Amending the Canadian Wheat Board Regulations, it was agreed that Counsel for the Committee would write to the person in charge of regulatory instruments at the Canadian Wheat Board to share some of the Committee's observations.
In the matter of SOR/2004-134 — Regulations Amending the Canadian Wheat Board Regulations; SOR/2005-36 — Regulations Amending the Canadian Wheat Board Regulations; SOR/2005-140 — Regulations Amending the Canadian Wheat Board Regulations; SOR/2005-233 — Regulations Amending the Canadian Wheat Board Regulations, it was agreed to close these files.
The committee examined SOR/96-334 — Carriers and Transportation and Grain Handling Undertakings Information Regulations; SOR/2000-258 — Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations; SOR/2000-389 — Regulations Amending the Canadian Aviation Regulations (Parts VI and VII); SOR/2002-172 — Ships Registry and Licensing Fees Tariff; SOR/2002-451 — Regulations Amending the DNA Identification Regulations; SOR/2003 57 — egulations Amending the Motor Vehicle Safety Regulations (Seat Belt Anchorages and Windshield Mounting – Air Bags); SOR/2005-180 — Motor Carrier Safety Fitness Certificate Regulations; TR/2005-129 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order; SOR/2005-145 — Regulations Amending the Ontario Sex Offender Information Registration Regulations; SOR/2005-164 — Regulations Amending the Proof of Origin of Imported Goods Regulations.
The committee examined the following regulatory instruments presented without comment:
TR/2005-36 — Order Declining to Refer Back to the CRTC Decision CRTC 2005-15;
TR/2005-37 — Order Fixing April 20, 2005 as the Date of the Coming into Force of Certain Sections of the Act;
TR/2005-38 — Dane Pocrnic Remission Order;
TR/2005-39 — Jiang Jewelry Inc Remission Order;
TR/2005-40 — David Lynds Remission Order;
TR/2005-41 — ManiganSes, Festival international des arts de la marionnette Remission Order;
TR/2005-42 — Order Fixing January 12, 2006 as the Date of the Coming into Force of Certain Sections of the Act;
TR/2005-43 — Community Living Kingston Remission Order;
TR/2005-44 — George Sicz Remission Order;
TR/2005-45 — Order Fixing June 15, 2005 as the Date of the Coming into Force of Certain Sections of the Act;
TR/2005-46 — Order Fixing May 14, 2005 as the Date of the Coming into Force of the Act;
TR/2005-47 — Order Designating the Minister of Foreign Affairs for Purposes of Section 21.19 of the Act;
TR/2005-48 — Order Transferring from the Department of Natural Resources to the Department of the Environment the Control and Supervision of the Large Final Emitters Group;
TR/2005-49 — Order Fixing June 20, 2005 as the Date of the Coming into Force of the Act;
TR/2005-50 — Order Directing that Certain Documents be Discontinued;
TR/2005-51 — Order Fixing July 1, 2005 as the Date of the Coming into Force of Certain Sections of the Act;
TR/2005-52 — Order Terminating the Assignment of the Honourable Lucienne Robillard and Assigning the Honourable Belinda Stronach to Assist the Minister of Social Development;
TR/2005-53 — Order Terminating the Assignment of the Honourable Mauril Bélanger and Assigning the Honourable Mauril Bélanger to Assist the Prime Minister, the Minister of National Defence and the Minister of Industry;
SOR/2003-13 — Regulations Amending the Public Service Superannuation Regulations (Election to Pay for Transfer Value Service);
SOR/2003-107 — Regulations Amending the Manitoba Fishery Regulations, 1987;
SOR/2003-450 — Special Appointment Regulations, No. 2003-21;
SOR/2003-451 — Special Appointment Regulations, No. 2003-22;
SOR/2003-452 — Special Appointment Regulations, No. 2003-23;
SOR/2003-453 — Special Appointment Regulations, No. 2003-24;
SOR/2003-454 — Special Appointment Regulations, No. 2003-25;
SOR/2003-455 — Order Amending the Allocation Method Order (Beef and Veal);
SOR/2003-456 — Order 2003-66-10-01 Amending the Domestic Substances List;
SOR/2003-457 — Order 2003-87-10-01 Amending the Domestic Substances List;
SOR/2004-1 — Order Amending the Canadian Chicken Marketing Levies Order;
SOR/2004-3 — Order Amending the Canada Turkey Marketing Producers Levy Order;
SOR/2004-4 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;
SOR/2004-5 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;
SOR/2004-6 — Animals of the Family Bovidae and Their Products Importation Prohibition Regulations;
SOR/2004-7 — Order 2003-66-12-04 Amending the Domestic Substances List;
SOR/2004-8 — Canada Customs and Revenue Agency Regulations;
SOR/2004-9 — Order Amending Schedule II to the Yukon First Nations Self-Government Act;
SOR/2004-10 — Order Amending Schedule I to the Yukon Surface Rights Board Act;
SOR/2004-11 — Order 2003-66-11-01 Amending the Domestic Substances List;
SOR/2004-12 — Order 2003-87-11-01 Amending the Domestic Substances List;
SOR/2004-13 — Regulations Repealing the United Nations International Criminal Tribunal for the Former Yugoslavia Regulations;
SOR/2004-14 — Order Amending Schedule I to the Public Service Superannuation Act;
SOR/2004-17 — Regulations Amending the Designated Provisions Regulations;
SOR/2004-18 — Regulations Repealing the United Nations Federal Republic of Yugoslavia Regulations;
SOR/2004-19 — Order Amending the Schedule to the Canada Evidence Act;
SOR/2004-20 — Order Amending the Schedule to the Security of Information Act;
SOR/2004-21 — Order Amending Schedule I.1 to the Financial Administration Act;
SOR/2004-22 — Order Amending Schedule I to the Public Service Staff Relations Act;
SOR/2004-23 — Order Amending the Schedule to the Privacy Act;
SOR/2004-24 — Order Amending Schedule I to the Access to Information Act;
SOR/2004-26 — Regulations Amending the Life Saving Equipment Regulations;
SOR/2004-30 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;
SOR/2004-31 — Regulations Amending the Quarantine Regulations;
SOR/2004-32 — Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations, 1999;
SOR/2004-33 — Regulations Amending the Local Signal and Distant Signal Regulations;
SOR/2004-34 — Regulations Amending the Immigration and Refugee Protection Regulations;
SOR/2004-36 — Regulations Amending the National Parks of Canada Lease and Licence of Occupation Regulations;
SOR/2004-37 — Regulations Amending the Migratory Birds Regulations;
SOR/2004-38 — Regulations Amending the Northwest Territories Fishery Regulations;
SOR/2004-39 — Regulations Amending the Manitoba Fishery Regulations, 1987;
SOR/2004-40 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations;
SOR/2004-41 — Regulations Amending the Canadian Wheat Board Regulations;
SOR/2004-42 — Order 2004-66-01-01 Amending the Domestic Substances List;
SOR/2004-43 — Order 2004-87-01-01 Amending the Domestic Substances List;
SOR/2004-45 — Regulations Amending the Income Tax Regulations (2002 Drought Regions);
SOR/2004-46 — Order Amending Part I of Schedule I to the Hazardous Products Act (Baby Walkers);
SOR/2004-47 — Regulations Amending the Food and Drug Regulations (1322 – (S) methoprene);
SOR/2004-48 — Regulations Amending the Food and Drug Regulations (1336 – Rimsulfuron);
SOR/2004-49 — Regulations Amending the Food and Drug Regulations (1338 – Kresoxim-methyl);
SOR/2004-50 — Regulations Amending the Food and Drug Regulations (1339 – Spinosad);
SOR/2004-51 — Regulations Amending the Food and Drug Regulations (1344 – Difenoconazole);
SOR/2004-52 — Regulations Amending the Food and Drug Regulations (1354 – Picolinafen);
SOR/2004-54 — Special Appointment Regulations, No. 2004-1;
SOR/2004-56 — Order Amending the Canadian Egg Marketing Levies Order;
SOR/2004-58 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;
SOR/2004-60 — Regulations Amending the Regulations Specifying Investigative Bodies;
SOR/2004-61 — Regulations Amending the Wild Animal and Plant Trade Regulations;
SOR/2004-62 — Canada Health Transfer and Canada Social Transfer Regulations;
SOR/2004-65 — Regulations Amending Certain Regulations Made under the Hazardous Products Act (Small Parts Cylinder);
SOR/2004-66 — Regulations Amending the Property Assessment and Taxation (Railway Right-of-Way) Regulations;
SOR/2004-67 — Regulations Amending the Patent Rules;
SOR/2004-69 — Canada Customs and Revenue Agency Regulations, No. 2.
At 9:54 a.m., the Committee suspended its sitting.
At 9:55 a.m., the Committee resumed its sitting in camera.
The Committee discussed staff matters.
At 10:17 a.m., the committee adjourned to the call of the Chair.
ATTEST:
François Michaud
Joint Clerk of the Committee (Senate)