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Proceedings of the Standing Joint Committee on Scrutiny of Regulations

Issue 2 – Minutes of Proceedings – June 15, 2006

Ottawa, Thursday, June 15, 2006

(3)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:30 a.m., the Joint Chairmen, the Honourable Senator J. Trevor Eyton and Mr. Paul Szabo, presiding.

Representing the Senate: The Honourable Senators Biron, Eyton, Harb and Moore (4).

Representing the House of Commons: Gerard Asselin, Ron Cannan, Dean Del Mastro, Paul Dewar, Ken Epp, Derek Lee, Brian Murphy, Rick Norlock, Louis Plamondon, Paul Szabo, Garth Turner, P.C., and Tom Wappel (12).

In attendance: 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, Peter Bernhardt, Counsel.

Also 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.

Concerning Report No. 39 (Fifth Report of the Standing Joint Committee for the Scrutiny of Regulations), it was agreed that the Joint Chairs would write to the Department of Indian Affairs and Northern Development to share some of the committee's observations.

On SOR/97-144 — Broadcasting Licence Fee Regulations, 1997, it was agreed to report the matter.

The committee examined of SOR/2005-26 — Regulations Amending the Ontario Fishery Regulations, 1989.

On SOR/2005-328 — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority; SOR/2006-15 — Order Authorizing Persons Specified Therein to Be Parties in Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority, it was agreed to report the matters.

On SOR/2005-39 — Regulations Amending the Veterans Health Care Regulations, it was agreed that the Joint Chairs write to the Minister of Veterans Affairs to share some of the committee's observations.

On SOR/93-515 — Canada Deposit Insurance Corporation Application for Deposit Insurance By-law, it was agreed that Counsel to the Committee would examine the file at a later date and inform the Committee of the action taken.

On SOR/96-400 — Canadian Occupational Health and Safety Regulations, amendment, it was agreed that Counsel to the Committee would examine the file at a later date and inform the committee of the action taken.

On SOR/99-12 — Preliminary Screening Requirement Regulations, it was agreed that Counsel to the Committee write to the Statutory Instruments Officer at Indian Affairs and Northern Development Canada to share some of the committee's observations.

On SOR/99-325 — Exception for Educational Institutions, Libraries, Archives and Museums Regulations, it was agreed that Counsel to the Committee write to the Statutory Instruments Officer at Industry Canada to share some of the committee's observations.

On SOR/2000-290 — Regulations Amending Canada Student Financial Assistance Act, it was agreed that Counsel to the Committee write to the Statutory Instruments Officer at Human Resources and Social Development Canada to share some of the committee's observations.

On SOR/2001-101 — Cost of Borrowing (Banks) Regulations; SOR/2001-102 — Cost of Borrowing (Canadian Insurance Companies) Regulations; SOR/2001-103 — Cost of Borrowing (Foreign Insurance Companies) Regulations; SOR/2001-104 — Cost of Borrowing (Trust and Loan Companies) Regulations, it was agreed that the Counsel to the Committee would write to the Statutory Instruments Officer at the Department of Finance to share some of the committee's observations.

On SOR/2002-316 — Dakota Tipi Band Council Elections Order, it was agreed to close the file.

On SOR/2004-198 — Regulations Amending the Canada Grain Regulations, it was agreed that Counsel to the Committee would write to the Statutory Instruments Officer of the Canadian Grain Commission to share some of the committee's observations.

The Committee considered SOR/99-219 — Regulations Amending the Canada Mining Regulations; SOR/2003-296 — Regulations Amending the Wildlife Area Regulations; SOR/2003-321 — Regulations Amending the Energy Efficiency Regulations; SOR/2004-191 — Regulations Amending the Energy Efficiency Regulations; SOR/2005-170 — Regulations Amending the Pension Benefits Division Regulations; SOR/2005-152 — Regulations Amending the Canada Student Loans Regulations and the Canada Student Financial Assistance Regulations; SOR/2005-240 — Regulations Amending the Public Agents Firearms Regulations; SOR/2005-298 — Regulations Amending the Government Contracts Regulations (Miscellaneous Program); SOR/2005-364 — Order Amending Schedule VI to the Controlled Drugs and Substances Act; SOR/2005-407 — Order Amending Schedule 3 to the Personal Information Protection and Electronic Documents Act (Miscellaneous Program).

The Committee examined the following statutory instruments presented without comment:

SI/2005-54 — Order Fixing August 4, 2005 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2005-55 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Giant Mine);

SI/2005-56 — Order Fixing June 30, 2005 and January 2, 2006 as the Dates of the Coming into Force of Certain Sections of the Act;

SI/2005-57 — Order Fixing June 1, 2005 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2005-58 — Order Fixing January 1, 2006 as the Date of the Coming into Force of the Act;

SI/2005-59 — Electrolux Remission Order;

SI/2005-60 — Order Fixing September 15, 2005 as the Date of the Coming into Force of Section 1 of the Act;

SI/2005-61 — Order Fixing June 30, 2005 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2005-62 — Order Fixing June 28, 2005 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2005-63 — Order Fixing October 1, 2005 as the Date of the Coming into Force of Certain Portions of the Act;

SI/2005-64 — Order Fixing August 1, 2005 as the Date of the Coming into Force of the Act.

SI/2005-65 — Proclamation Requesting the People of Canada to Observe June 23 of Every Year as a National Day of Remembrance for Victims of Terrorism;

SI/2005-66 — Order Terminating the Assignment of the Honourable Joe Comuzzi and Assigning the Honourable Andrew Mitchell to Assist the Minister of Industry;

SI/2005-67 — Proclamation Designating the ``Fire Prevention Week'';

SOR/2003-336 — Regulations Amending the Employment Insurance Regulations;

SOR/2003-408 — Regulations Amending the Pension Benefits Division Regulations;

SOR/2004-71 — Regulations Amending the Broadcasting Distribution Regulations;

SOR/2004-72 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2004-73 — Special Appointment Regulations, No. 2004-2;

SOR/2004-74 — Special Appointment Regulations, No. 2004-3;

SOR/2004-75 — Special Appointment Regulations No. 2004-4;

SOR/2004-76 — Special Appointment Regulations, No. 2004-5;

SOR/2004-77 — Special Appointment Regulations, No. 2004-6;

SOR/2004-78 — Special Appointment Regulations, No. 2004-7;

SOR/2004-79 — Order Amending the Indian Bands Council Elections Order (Westbank);

SOR/2004-81 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a Twenty-five Cent Circulation Coin;

SOR/2004-82 — Regulations Amending the Income Tax Regulations (Prescribed Distributions);

SOR/2004-83 — Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations, 1999;

SOR/2004-85 — Order Amending Subsections 11.18(3) and (4) of the Trade-marks Act;

SOR/2004-86 — Edmonton Garrison Heliport Zoning Regulations;

SOR/2004-88 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2004-90 — Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, No. 2;

SOR/2004-92 — Regulations Amending the Designated Provisions Regulations;

SOR/2004-93 — General Preferential Tariff Withdrawal Order (Certain Countries Acceding to the European Union);

SOR/2004-94 — Order Amending the Designer Remission Order, 2001;

SOR/2004-95 — Order Amending the Certain Chloroprene Sheets Remission Order;

SOR/2004-96 — ``SeaRose FPSO'' Remission Order, 2004;

SOR/2004-98 — Rules Amending the Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan;

SOR/2004-105 — Eskasoni Band Council Elections Order;

SOR/2004-106 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2004-107 — Mobile Offshore Drilling Units Remission Order, 2004;

SOR/2004-108 — Regulations Amending the Food and Drug Regulations (1329 — Schedule F);

SOR/2004-113 — Introduced Forest Pest Compensation Regulations;

SOR/2004-115 — Special Appointment Regulations, No. 2004-9;

SOR/2004-117 — Regulations Amending the United Nations Sierra Leone Regulations;

SOR/2004-123 — Regulations Amending the Exporters' and Producers' Records Regulations;

SOR/2004-124 — Regulations Amending the Free Trade Agreement Advance Rulings Regulations;

SOR/2004-125 — Regulations Amending the Imported Goods Records Regulations;

SOR/2004-126 — Regulations Amending the Refund of Duties Regulations;

SOR/2004-130 — Transportation Appeal Tribunal of Canada Certificate Regulations;

SOR/2004-133 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a One Dollar Circulation Coin;

SOR/2004-135 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2004-136 — Honeybee Importation Prohibition Regulations, 2004;

SOR/2004-140 — Order Amending the Schedule to the Customs Tariff, 2004-3;

SOR/2004-141 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a One Dollar Circulation Coin Featuring the Canadian Olympic Committee Symbol;

SOR/2004-142 — Regulations Amending the Firearms Fees Regulations;

SOR/2004-143 — Special Appointment Regulations, No. 2004-10;

SOR/2004-145 — Regulations Amending the Employment Insurance Regulations;

SOR/2004-147 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2004-148 — Order 2004-66-03-01 Amending the Domestic Substances List;

SOR/2004-150 — Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations;

SOR/2004-151 — Regulations Amending the Compensation for Destroyed Animals Regulations;

SOR/2004-156 — International Criminal Court Privileges and Immunities Order;

SOR/2004-157 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2004-158 — Order 2004-66-05-01 Amending the Domestic Substances List;

SOR/2004-159 — Order 2004-87-05-01 Amending the Domestic Substances List;

SOR/2004-161 — Order Amending Schedule I.1 to the Act;

SOR/2004-162 — Order Amending Schedule I.1 to the Act;

SOR/2004-163 — Order Amending Schedule I.1 to the Act;

SOR/2004-164 — Order Amending Schedule I.1 to the Act;

SOR/2004-165 — Parks Canada Agency Regulations;

SOR/2004-166 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2004-170 — Regulations Amending the Public Service Employment Regulations, 2000;

SOR/2004-171 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2004-172 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2004-173 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2004-175 — Special Appointment Regulations, No. 2004-11.

The Joint Committee paid tribute to the General Counsel to the Committee.

Paul Dewar moved that the committee host a luncheon with visitors on Thursday, June 15, at 12 p.m. in respect of the transition of general counsel.

The question being put on the motion, it was adopted.

Ken Epp moved that the correspondence of the committee be signed by the Joint Chairs on behalf of the committee, and if need be, by the Vice-Chairs.

The question being put on the motion, it was adopted.

The Honourable Senator Eyton moved that the Standing Joint Committee of the Senate and House of Commons for the Scrutiny of Regulations designate Mr. Peter Phillip Bernhardt as its general counsel effective July 1, 2006.

The question being put on the motion, it was adopted.

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

ATTEST:


François Michaud
Joint Clerk of the Committee (Senate)