REGS Committee Meeting
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Proceedings of the Standing Joint Committee on Scrutiny of Regulations
Issue 4 – Minutes of Proceedings – October 19, 2006
Ottawa, Thursday, October 19, 2006
(5)
[Translation]
The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:35 a.m. in room 256-S of the Centre Block, the Joint Chairs, the Senator Honourable J. Trevor Eyton and Mr. Paul Szabo, M.P., presiding.
Representing the Senate: The Honourable Senators Bryden, Eyton and Moore (3).
Representing the House of Commons: Robert Bouchard, Dean Del Mastro, Paul Dewar, Ken Epp, Derek Lee, John Maloney and Paul Szabo (7).
Other member present: Mike Wallace (1).
Also present: Mike Macpherson, Joint Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: Peter Bernhardt, General Counsel and Jacques Rousseau, Counsel.
In attendance: The official reporters of the Senate.
In accordance with section 19 of the Statutory Instruments Act, R.S.C. (1985), c. 22, the committee continued to examine its permanent order of reference 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.
The committee considered a draft report (tabling of statutory instruments).
A debate ensued, following which Mr. Lee moved that the report be adopted.
The question being put on the motion, it was resolved in the affirmative.
The committee considered the agenda items.
On SI/2003-119 — Proclamation Giving Notice that the Protocol Amending the Convention between Canada and Australia Came into Force on December 18, 2002, the committee agreed to consider the file closed.
It was agreed that the committee would write to the department to advise it of the decision reached.
On SOR/97-144 — Broadcasting Licence Fee Regulations, 1997, it was agreed that committee counsel would examine the file at a later date and apprise the committee of any action taken.
On SOR/2003-71 — Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations, 1999, the committee agreed to consider the file closed.
On SOR/2005-288 — Special Appointment Regulations, No. 2005-11, the committee agreed to consider the file closed.
On SOR/99-324 — Book Importation Regulations; SOR/99-325 — Exception for Educational Institutions, Libraries, Archives and Museums Regulations, it was agreed that the Joint Chairmen would write to the Industry Minister to pass along some of the committee’s observations.
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 committee counsel would write to the statutory instruments officers at the Department of Finance to pass along some of the committee’s observations.
On Weights and Measures Specifications, SGM-1; Weights and Measures Specifications, SGM-3; Weights and Measures Specifications, SGM-7, it was agreed that committee counsel would examine the file at a later date and apprise the committee of any action taken.
On SOR/88-230 — Frontier Lands Registration Regulations; SOR/88-263 — Newfoundland Offshore Area Registration Regulations, it was agreed that committee counsel would examine the files at a later date and apprise the committee of any action taken.
On SOR/99-190 — Canada Pension Plan Investment Board Regulations, it was agreed that committee counsel would examine the file at a later date and apprise the committee of any action taken.
On SOR/2004-312 — Regulations Amending the Employment Insurance Regulations, it was agreed that committee counsel would write to the statutory instruments officers at the Department of Human Resources and Skills Development to pass along some of the committee’s observations.
On SOR/2003-60 — Information Technology Activities (Authorized Foreign Banks) Regulations; SOR/2003-61 — Information Technology Activities (Banks) Regulations; SOR/2003-64 — Information Technology Activities (Cooperative Credit Associations) Regulations; SOR/2003-67 — Information Technology Activities (Life Companies) Regulations; SOR/ 2003-68 — Information Technology Activities (Property and Casualty Companies) Regulations; SOR/2003-69 — Information Technology Activities (Trust and Loan Companies) Regulations, the committee agreed to consider these files closed.
On the Order Amending the Fees Proposed by Western Canada Marine Response Corporation, Great Lakes Response Corporation of Canada, Eastern Canada Response Corporation Ltd., Atlantic Emergency Response Team (ALERT) Inc., and Point Tupper Marine Services Ltd., the committee agreed to consider the file closed.
The committee examined SOR/2002-264 — Support Orders and Support Provisions (Banks and Authorized Foreign Banks) Regulations; SOR/2002-265 — Support Orders and Support Provisions (Retail Associations) Regulations; SOR/2002-266 — Support Orders and Support Provisions (Trust and Loan Companies) Regulations; SOR/2004-112 — Gully Marine Protected Area Regulations; SOR/2005-249 — Regulations Amending the Ontario Fishery Regulations, 1989; SOR/2001-522 — Regulations Amending the Canada Pension Plan Investment Board Regulations; SOR/2005-174 — Technical Amendments Regulations (Customs Tariff) 2005-1; SOR/2003-290 — Order Amending the Schedule to the Customs Tariff, 2003-2; SOR/2005-208 — Order Amending the Privileges and Immunities of the Secretariat of the Convention on Biological Diversity Order (Miscellaneous Program); SOR/2005- 292 — Regulations Amending the Income Tax Regulations (2004 Drought Regions); SOR/2005-326 — Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program); SOR/2005-343 — Order Amending Parts I and I of Schedule I to the Hazardous Products Act (Ice Hockey Helmets) (Miscellaneous Program).
The committee examined the following statutory instruments presented without comment:
Unpublished — Contaminated Fisheries Prohibition Order No. QTN-1993-058;
Unpublished — Contaminated Fisheries Prohibition Order No. QTN-1993-059;
C.R.C. c. 790 — Settlers’ Effects Acquired with Blocked Currencies Remission Order;
SI/2005-73 — Order Transferring Functions from the Department of Human Resources Development to the Canada Customs and Revenue Agency of the National Collection Services and of the Collections Litigation and Advisory Services;
SI/2005-74 — Order Fixing September 1, 2005 as the Date of the Coming into Force of Certain Sections of the Act;
SI/2005-75 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2005-76 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;
SI/2005-77 — Order Amending the Settlers’ Effects Acquired with Blocked Currencies Remission Order;
SI/2005-78 — ATA Woodworking Inc. Remission Order;
SI/2005-79 — Keith Kirby Remission Order
SI/2005-80 — Josephine Pastorious Remission Order;
SI/2005-81 — Order Declining to Set Aside or to Refer Back to the CRTC Decisions CRTC 2005-246 and CRTC 2005-247;
SI/2005-82 — Order Declining to Refer Back to the CRTC Decision CRTC 2005-248;
SI/2005-83 — Order Transferring from the Department of Public Works and Government Services to the Department of Human Resources and Skills Development the Control and Supervision of the Public Access Programs Sector;
SI/2005-89 — Order Fixing September 28, 2005 as the Date of the Coming into Force of Certain Sections of the Act;
SI/2005-90 — United Nations Stabilization Mission in Haiti (MINUSTAH) Medal Order;
SI/2005-91 — Proclamation Announcing the Appointment of the Governor General;
SI/2005-92 — Order Fixing October 3, 2005 as the Date of the Coming into Force of Part XIII of the Act;
SI/2005-93 — Micheline Malenfant and Roch Malenfant Remission Order;
SI/2005-94 — Pasquale Pennetta Remission Order;
SI/2005-95 — Order Fixing October 5, 2005 as the Date of the Coming into Force of the Act;
SI/2005-96 — Order Terminating the Assignment of the Honourable Tony Valeri;
SI/2005-97 — Order Fixing October 5, 2005 as the Date of the Coming into Force of the Act;
SI/2005-98 — Order Terminating the Assignment of the Honourable Tony Ianno and Assigning the Honourable Tony Ianno to Assist the Minister of Social Development;
SI/2005-99 — Order Fixing October 5, 2005 as the Date of the Coming into Force of the Act;
SI/2005-100 — Order Terminating the Assignment of the Honourable Claudette Bradshaw and Assigning the Honourable Claudette Bradshaw to Assist the Minister of Human Resources and Skills Development;
SI/2005-101 — Order Fixing October 5, 2005 as the Date of the Coming into Force of the Act;
SI/2005-102 — Order Terminating the Assignment of the Honourable Jacques Saada;
SI/2005-103 — Order Declining to Set Aside or to Refer Back to the CRTC Decisions CRTC 2005-338 and CRTC 2005-339;
SOR/92-637 — Export and Import of Hazardous Wastes Regulations;
SOR/2002-101 — Regulations Amending Certain Regulations Made under Sections 89 and 114 of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program);
SOR/2002-300 — Regulations Amending the Export and Import of Hazardous Wastes Regulations;
SOR/2004-99 — Tax Court of Canada Rules of Procedure Respecting the Customs Act (Informal Procedure);
SOR/2004-100 — Rules Amending the Tax Court of Canada Rules (General Procedure);
SOR/2002-101 — Rules Amending the Tax Court of Canada Rules (Informal Procedure);
SOR/2004-102 — Tax Court of Canada Rules of Procedure respecting the Excise Act, 2001 (Informal Procedure);
SOR/2004-103 — Rules Amending the Tax Court of Canada Rules of Procedure respecting the Excise Tax Act (Informal Procedure);
SOR/2004-104 — Rules Amending the Tax Court of Canada Rules of Procedure respecting the Employment Insurance Act;
SOR/2002-116 — Order Amending Schedule 4 to the Canada National Parks Act;
SOR/2004-132 — Regulations Amending the Controlled Goods Regulations;
SOR/2004-139 — Order Amending the Schedule to the Customs Tariff, 2004-2;
SOR/2004-169 — Regulations Amending the Canada Grain Regulations;
SOR/2004-218 — Order Amending the National Historic Parks Order;
SOR/2004-311 — Regulations Amending the Public Service Superannuation Regulations;
SOR/2004-314 — Regulations Amending the Town of Jasper Zoning Regulations;
SOR/2004-316 — CIFTA Remission Order, 2003 Extension Order;
SOR/2004-319 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;
SOR/2004-320 — Order Amending the Canadian Egg Marketing Levies Order;
SOR/2004-321 — Nunavut Sex Offender Information Registration Regulations;
SOR/2004-322 — Newfoundland and Labrador Sex Offender Information Registration Regulations;
SOR/2004-323 — Order Amending the Canada Turkey Marketing Producers Levy Order;
SOR/2005-161 — Order 2005-87-03-01 Amending the Domestic Substances List;
SOR/2005-162 — Regulations Amending the Laurentian Pilotage Tariff Regulations;
SOR/2005-163 — Regulations Amending the Meat Inspection Regulations, 1990;
SOR/2005-166 — Order Amending the Schedule to the Customs Tariff, 2005-2;
SOR/2005-167 — Regulations Amending the Food and Drug Regulations (1397—Schedule F);
SOR/2005-169 — Regulations Amending the Canadian Aviation Regulations (Part VI);
SOR/2005-171 — Regulations Amending the Children of Deceased Veterans Education Assistance Regulations;
SOR/2005-176 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations;
SOR/2005-181 — Regulations Amending the Health of Animals Regulations;
SOR/2005-183 — Regulations Amending the Stamping and Marking of Tobacco Products Regulations;
SOR/2005-184 — Regulations Amending the Regulations Relieving Special Duty on Certain Tobacco Products;
SOR/2005-185 — Regulations Amending the Income Tax Regulations;
SOR/2005-191 — Order Amending the Canada Turkey Marketing Producers Levy Order;
SOR/2005-194 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;
SOR/2005-195 — Order Amending the Canadian Chicken Marketing Levies Order;
SOR/2005-196 — Order Amending the Indian Bands Council Elections Order (M’Chigeeng First Nation);
SOR/2005-197 — Order Amending the Canada Turkey Marketing Producers Levy Order;
SOR/2005-199 — Order 2005-87-05-01 Amending the Domestic Substances List.
At 9:56 a.m., the committee adjourned to the call of the Chair.
ATTEST:
Till Heyde
Acting Joint Clerk of the Committee (Senate)