REGS Committee Meeting
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Proceedings of the Standing Joint Committee on Scrutiny of Regulations
Issue 8 – Minutes of Proceedings – February 1, 2007
Ottawa, Thursday, February 1, 2007
(9)
[Translation]
The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:33 a.m. in room 256-S of the Centre Block, the Joint Chairs, the Honourable J. Trevor Eyton and Mr. Paul Szabo, presiding.
Representing the Senate: The Honourable Senators Biron, Bryden, De Bané, P.C., Eyton, Harb and Nolin (6).
Representing the House of Commons: France Bonsant, Ron Cannan, Dean Del Mastro, Paul Dewar, Monique Guay, Derek Lee, John Maloney and Paul Szabo (8).
Other member present: Randy Kamp (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, Senior Counsel, and Jacques Rousseau, Counsel.
In attendance: The official reporters of the Senate.
The committee continued to examine 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/89-93 — Ontario Fishery Regulations, 1989, the Honourable Senator Nolin moved that the committee adopt the Draft Report (Disallowance), and that the Chair table the report to the two Houses.
The question being put on the motion, it was resolved in the affirmative, on division.
On SOR/97-144 — Broadcasting Licence Fee Regulations, 1997, it was agreed that counsel would prepare a draft report.
On SOR/2003-75 — Canadian Egg Marketing Levies Order, it was agreed that Committee counsel would write to the statutory instruments officer at the Canadian Egg Marketing Board to pass along some of the Committee’s observations.
On SOR/96-254 — Processing and Distribution of Semen for Assisted Conception Regulations; SOR/2000-299 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1218 — Alternative Tests); SOR/2000-410 — Regulations Amending 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 pass along some of the Committee’s observations.
On SOR/99-324 — Book Importation Regulations; SOR/99-325 — Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations, it was agreed that the Joint Chairs would write to the Minister of Industry to pass along some of the Committee’s observations.
On SOR/2003-284 — Regulations Amending the Canada Grain Regulations, it was agreed that the Joint Chairs would write to the Minister of Agriculture and Agri-food to pass along some of the Committee’s observations.
On SOR/2002-309 — Order Amending the British Columbia Vegetable Order, it was agreed that Committee counsel would write to the statutory instruments officer at Agriculture and Agri-food Canada to pass along some of the Committee’s observations.
On SOR/2004-232 — Order Amending the Saskatchewan Pulse Crop Marketing Levies (Interprovincial and Export) Order, it was agreed that Committee counsel would write to the statutory instruments officer at Agriculture and Agri-food Canada to pass along some of the Committee’s observations.
On SOR/2005-299 — Regulations Repealing the Directions to the Canadian Dairy Commission (Export Dairy Products), it was agreed to consider the file closed.
On SOR/2005-103 — Beef Cattle Research, Market Development and Promotion Levies Order, it was agreed that Committee counsel would write to the National Farm Products Council to pass along some of the Committee’s observations.
On SOR/97-10 — Registration of Storage Tank Systems for Petroleum Products and Allied Petroleum Products on Federal Lands Regulations, it was agreed that Committee counsel would write to the statutory instruments officer at Environment Canada to pass along some of the Committee’s observations.
On SOR/94-356 — Eastern Townships Wood Producers’ Levies (Interprovincial and Export Trade) Order, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.
On SOR/98-277 — Quebec Wood Producers’ Levies (Interprovincial and Export Trade) Order, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.
On SOR/99-467 — Canada Travelling Exhibitions Indemnification Regulations, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.
On SOR/2001-188 — Regulations Amending the Income Tax Regulations (Modernization of Benefits and Obligations), it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.
On SOR/2005-182 — Regulations Amending the Duty Free Shop Regulations, it was agreed to consider the file closed.
The Committee examined SI/2005-128 — McIntyre Lands Income Tax Remission Order; SOR/96-369 — Canada Student Loans Regulations, amendment; SOR/2002-48 — Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation; SOR/2003-288 — Stamping and Marking of Tobacco Products Regulations; SOR/ 2005-406 — Regulations Amending the Ontario Fishery Regulations, 1989; SOR/96-153 — Duty Free Shop Regulations, amendment; SOR/2006-3 — Regulations Amending the Air Transportation Regulations (Miscellaneous Program); SOR/2006-160 — Regulations Amending the Canadian International Trade Tribunal Regulations; SOR/ 2002-347 — Regulations Amending the Canadian International Trade Tribunal Regulations; SOR/2006-161 — Rules Amending the Canadian International Trade Tribunal Rules; SOR/2006-162 — Regulations Amending and Repealing Certain Regulations Made under Part IX of the Excise Tax Act (Miscellaneous Program); SOR/2001-171 — Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations.
The Committee examined the following statutory instruments presented without comment:
SI/2005-118 — Public Service Official Languages Exclusion Approval Order;
SI/2005-120 — Order Setting out the Respective Responsibilities of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness Under the Act;
SI/2006-51 — Order Transferring from the Privy Council Office to the Department of Indian Affairs and Northern Development the Control and Supervision of the Aboriginal Affairs Secretariat;
SI/2006-52 — Proclamation Summoning Parliament to Meet on April 3, 2006 (Dispatch of Business);
SI/2006-54 — Order Fixing April 1, 2006 as the Date of the Coming into Force of Certain Sections of the Act;
SI/2006-55 — Order Fixing April 1, 2006 as the Date of the Coming into Force of Certain Subsections of the Federal-Provincial Fiscal Arrangements Act;
SI/2006-56 — Order Fixing April 1, 2006 as the Date of the Coming into Force of the Act;
SI/2006-57 — Order Fixing April 1, 2006 as the Date of the Coming into Force of the Act;
SI/2006-58 — Order Fixing March 31, 2006 as the Date of the Coming into Force of Section 42 of the Act;
SI/2006-59 — Order Fixing April 1, 2006 as the Date of the Coming into Force of the Act;
SI/2006-60 — Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (The Nunavut Marine Region, Nunavut);
SI/2006-62 — Order Designating the Prime Minister as Presiding Minister for the Public Appointments Commission Secretariat;
SI/2006-63 — Order Designating the Executive Director of the Public Appointments Commission Secretariat as Deputy Head;
SI/2006-64 — Order Designating the Public Appointments Commission Secretariat as a Department and the Executive Director as Deputy Head;
SI/2006-65 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2006-67 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;
SI/2006-68 — Order Fixing April 27, 2006 as the Date of the Coming into Force of Certain Provisions of the Act;
SI/2006-69 — Reservation to the Crown Waiver Order (Hay River, N.W.T.);
SI/2006-70 — Order Fixing June 30, 2006 as the Date of the Coming into Force of the Act;
SI/2006-71 — Order Designating the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 as a Department and the Prime Minister as Appropriate Minister;
SI/2006-72 — Order Transferring from the Privy Council Office to the Department of Industry the Control and Supervision of the National Science Advisor Secretariat;
SI/2006-73 — Order Transferring from the Privy Council Office to the Department of Public Safety and Emergency Preparedness the Control and Supervision of the Borders Task Force;
SI/2006-74 — Order Transferring from the Privy Council Office to the Department of Human Resources and Skills Development the Control and Supervision of the Policy Research Initiative;
SI/2006-75 — Order Transferring from the Privy Council Office to the Treasury Board the Control and Supervision of the Regulatory Affairs and Orders in Council Secretariat Except Orders in Council Division;
SI/2006-76 — Order Transferring from the Privy Council Office to the Treasury Board the Control and Supervision of the Regional Offices in the Communications and Consultations Secretariat;
SI/2006-78 — Clara Reid Remission Order;
SI/2006-79 — Firearms Fees Remission Order (Licences);
SI/2006-80 — Order Transferring from the Canadian Firearms Centre to the Royal Canadian Mounted Police the Control and Supervision of the Canadian Firearms Centre;
SI/2006-81 — Order Repealing the Canadian Firearms Centre as a Department and the Commissioner of Firearms as Deputy Head;
SI/2006-82 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2006-83 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;
SI/2006-84 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;
SI/2006-85 — Order Transferring from the Minister of Canadian Heritage to the Minister of Indian Affairs and Northern Development the Control and Supervision of the Office of Indian Residential Schools Resolution of Canada and Ordering the Minister of Indian Affairs and Northern Development to Preside Over the Office;
SI/2006-86 — United Nations Operation in Côte d’Ivoire (UNOCI) Medal Order;
SI/2006-87 — Non-Article 5 North Atlantic Treaty Organization (NATO) Medal for the NATO Training Mission in Iraq Order;
SI/2006-88 — Jacques Beauvais Remission Order;
SI/2006-91 — Ram Sewak Remission Order;
SI/2006-92 — Jerry Mathews Remission Order;
SI/2006-93 — Order Fixing June 28, 2006 as the Date of the Coming into Force of the Act;
SI/2006-94 — Ronald Francoeur Remission Order;
SI/2006-96 — Order Fixing June 16, 2006 as the Date of the Coming into Force of the Act;
SI/2006-99 — Violet Meikle Remission Order;
SOR/88-465 — Manitoba Chicken Marketing (Interprovincial and Export) Order;
SOR/88-527 — Manitoba Turkey Marketing (Interprovincial and Export Trade) Order;
SOR/89-537 — Race Track Supervision Regulations, amendment;
SOR/95-107 — Ontario Fishery Regulations, 1989, amendment;
SOR/95-283 — Newfoundland Offshore Area Petroleum Regulations, amendment;
SOR/96-40 — Ships’ Stores Regulations;
SOR/96-84 — Foreign Extraterritorial Measures (United States) Order, 1992, amendment;
SOR/98-15 — Order Amending the Quebec Beef Cattle Producers’ Levies or Charges (Interprovincial and Export Trade) Order;
SOR/2002-110 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;
SOR/2002-274 — Regulations Amending the Employment Insurance Regulations;
SOR/2002-278 — Regulations Amending Certain Department of Justice Regulations (Miscellaneous Program);
SOR/2002-314 — Regulations Amending the General Pilotage Regulations;
SOR/2002-364 — Regulations Amending the Employment Insurance Regulations;
SOR/2002-373 — Members of Parliament Disability Allowance Regulations;
SOR/2002-377 — Regulations Amending the Employment Insurance Regulations;
SOR/2002-379 — Regulations Amending the Canada Occupational Health and Safety Regulations;
SOR/2003-7 — Regulations Amending the Contraventions Regulations;
SOR/2003-15 — Export and Import or Rough Diamonds Regulations;
SOR/2003-52 — Order Amending the Export Control List;
SOR/2003-56 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;
SOR/2003-82 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;
SOR/2003-153 — Regulations Amending the Precursor Control Regulations;
SOR/2003-184 — Access to basic Banking Services Regulations;
SOR/2003-237 — Regulations Amending the Goods Imported and Exported Refund and Drawback Regulations;
SOR/2003-246 — Regulations Amending the Contraventions Regulations;
SOR/2003-269 — Order Amending the Import Control List;
SOR/2003-276 — Regulations Amending the Judges Act (Widow and Children Annuities) Regulations;
SOR/2003-278 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;
SOR/2002-286 — Portions of the Department of Health Divestiture Regulations;
SOR/2003-338 — Regulations Amending the Newfoundland Fishery Regulations;
SOR/2003-339 — Regulations Amending the Yukon Territory Fishery Regulations,
SOR/2003-369 — Regulations Amending the Fishery (General Regulations;
SOR/2003-386 — Regulations Amending the Ship Station (Radio) Technical Regulations, 1999;
SOR/2003-387 — Regulations Amending the Marihuana Medical Access Regulations;
SOR/2003-390 — Order Amending the Schedule to the Customs Tariff, 2003-3;
SOR/2003-394 — Regulations Amending the Ships’ Stores Regulations;
SI/2000-17 — Order Fixing March 31, 2000 as the Date of the Coming into Force of Part IV and of Certain Subsections of the Act;
SI/2000-62 — Order Fixing July 17, 2000 as the Date of the Coming into Force of Part III of the Act;
SI/2000-67 — Order Fixing September 30, 2000 as the Date of the Coming into Force of Part I and Part III of the Act;
SI/2001-18 — Order Fixing February 1, 2001 as the Date of the Coming into Force of the Act;
SI/2001-25 — Order Fixing February 12, 2001 as the Date of the Coming into Force of Subsection 107(2) of the Act;
SI/2001-33 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2001-34 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;
SI/2001-36 — United Nations Mission in Sierra Leone (UNAMSIL) Medal Order;
SI/2001-37 — United Nations Mission in East Timor and the United Nations Transitional Administration in East Timor (UNAMET/UNTAET) Medal Order;
SI/2001-38 — United Nations Organization Mission in the Democratic Republic of Congo (MONUC) Medal Order;
SI/2001-39 — International Force East Timor (INTERFET) Medal Order;
SI/2001-40 — Order Amending the Canadian Volunteer Service Medal Order;
SI/2001-44 — Order Amending the Designation of Countries (Standards Council of Canada) Order;
SI/2001-52 — Order Repealing the Order Designating The Leadership Network as a department and the Head as the deputy head;
SI/2001-53 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order and Repealing the Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2001-54 — Order Amending the Privacy Act Heads of Government Institutions Designation Order and Repealing the Order Amending the Privacy Act Head of Government Institutions Designation Order;
SI/2001-56 — Order Respecting the Remission of a Portion of the Tax Paid by Patricia Merkel under Part IX of the Excise Tax Act in Respect of Her Purchase of a Bare Land Unit;
SI/2001-64 — Order Fixing June 1, 2001 as the Date of the Coming into Force of Section 23 of the Officer of the Superintendent of Financial Institutions Act;
SI/2001-71 — Order Fixing June 1, 2001 as the Date of the Coming into Force of the Provisions of the Act, other than Part VIII;
SI/2001-75 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2001-76 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;
SI/2001-77 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2001-78 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;
SI/2001-79 — Pietro Sandini Remission Order;
SI/2001-80 — Hank K. Der Remission Order;
SI/2001-83 — Order Fixing the Day of the Making of this Order as the Day on which the Act Comes into Force;
SI/2001-86 — Order Fixing August 1, 2001 as the Date of the Coming into Force of Section 41.2 of the Judges Act;
SI/2001-87 — United Nations Organization Mission in Ethiopia and Eritrea (UNMEE) Medal Order;
SI/2001-89 — Exclusion Approval Order to Certain Persons and to a Certain Position in Human Resources Development;
SI/2001-91 — Order Fixing September 1, 2001 as the Date of the Coming into Force of Section 10 of the Act;
SI/2001-92 — Strate Plan No. 2 Remission Order;
SI/2001-94 — Reservation to the Crown Waiver Order (Frances Lake, Y.T.);
SI/2001-95 — Reservation to the Crown Waiver Order (Marsh Lake, Y.T.);
SI/2001-97 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;
SI/2001-98 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;
SI/2001-112 — Exclusion Approval Order for the Appointment of One Employee to positions in the Canadian International Development Agency;
SI/2001-118 — Order Amending the Schedule to the Designation of Certain Portions of the Public Service Order;
SI/2002-9 — Reservation to the Crown Waiver Order (Great Slave Lake, N.W.T.);
SI/2002-10 — Reservation to the Crown Waiver Order (La Martre Lake, N.W.T.);
SI/2002-11 — Reservation to the Crown Waiver Order (Marsh Lake, Y.T.);
SI/2002-121 — Order Amending the Designation of Countries (Standards Council of Canada) Order;
SI/2003-120 — Order Amending the Canadian Volunteer Service Medal Order.
At 10:07 a.m., the committee adjourned to the call of the Joint Chairs.
ATTEST:
François Michaud
Joint Clerk of the Committee (Senate)