Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 10 - Minutes - October 22, 2009

OTTAWA, Thursday, October 22, 2009
(11)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:34 a.m., this day, in room 256-S, Centre Block.

Members of the committee present: The Honourable Senators Moore, Ogilvie and Wallace (3).

Representing the House of Commons: Gérard Asselin, Dona Cadman, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, Andrew Saxton and Devinder Shory (11).

Also present: Bonnie Charron, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Sean Abel, Counsel, Parliamentary Information and Research Service, Library of Parliament.

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, 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.

In the matter of — Australia — New-Zealand Scrutiny of Regulations Conference of July 2009, after debate, Derek Lee moved that the fourth report of the Standing Joint Committee for the Scrutiny of Regulations entitled ``Report No. 85 — Australia — New Zealand Scrutiny of Legislation Conference, July 2009,'' be adopted with amendment.

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

Report No. 80 — Incorporation by Reference, it was agreed that the joint chairs correspond with the Department of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-221 — Regulations Amending the Letter Mail Regulations, it was agreed that Counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2007-23 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-301 — Interprovincial Movement of Hazardous Waste Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-97 — Administrative Monetary Penalties Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-111 — Canadian Aviation Security Regulations; SOR/2002-188 — Regulations Amending the Canadian Aviation Security Regulations; SOR/2004-16 — Regulations Amending the Canadian Aviation Security Regulations; SOR/2006-340 — Regulations Amending the Canadian Aviation Security Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-393 — Regulations Amending the Employment Insurance Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Human Resources and Skills Development with respect to certain comments made by the committee.

In the matter of SOR/98-429 — Mackenzie Valley Land Use Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Indian and Northern Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/99-122 — Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, 1998, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-86 — Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-171 — Regulations Amending the Port Authorities Operations Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-104 — Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program), it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2006-354 — Musquash Estuary Marine Protected Area Regulations; SOR/2007-123 — 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order; SOR/2008-231 — Lighters Regulations; SOR/2008-239 — Regulations Amending the Pulp and Paper Effluent Regulations; SOR/2008-274 — Regulations Amending the Food and Drug Regulations (1437 — Maximum Residue Limits for Veterinary Drugs), it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2009-66 — Regulations Amending the Marine Mammal Regulations; SOR/2009-101 — Regulations Amending the Pest Control Products Sales Information Reporting Regulations (Miscellaneous Program); SOR/2009-103 — Order Amending the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) (Miscellaneous Program); SOR/2009-165 — Regulations Amending the Consumer Chemicals and Containers Regulations, 2001; SOR/2009-179 — Regulations Amending Certain Regulations Made under the Hazardous Products Act (Miscellaneous Program); SOR/2009-191 — Regulations Amending the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Miscellaneous Program), it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SOR/2006-229 — Interest Rates (Excise Act, 2001) Regulations;

SOR/2007-254 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2008-216 — Regulations Amending the Metal Mining Effluent Regulations;

SOR/2008-280 — Regulations Amending the Pacific Fishery Regulations, 1993;

SOR/2008-283 — Regulations Amending the International Letter-post Items Regulations;

SOR/2008-286 — Order Amending the General Import Permit No. 1 — Dairy Products for Personal Use;

SOR/2008-287 — Order Amending the General Import Permit No. 100 — Eligible Agricultural Goods;

SOR/2008-288 — Order Amending the Allocation Method Order (Beef and Veal);

SOR/2008-290 — Order 2008-87-06-01 Amending the Domestic Substances List;

SOR/2008-291 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2008-292 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2008-1;

SOR/2008-295 — Order 2008-87-08-02 Amending the Domestic Substances List;

SOR/2008-296 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2008-297 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2008-308 — Regulations Amending the Immigration and Refugee Protection Regulations (Visa exemption requirements for Lithuania and Poland);

SOR/2008-316 — Order Repealing the Ministers Designation Order (Canada Corporations Act);

SOR/2008-317 — Order Repealing Certain Orders Made under the Canada Business Corporations Act;

SOR/2008-319 — Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Regulations;

SOR/2008-324 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a One Dollar Circulation Coin;

SOR/2008-325 — Regulations Amending the Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2;

SOR/2009-1 — Order 2008-66-08-01 Amending the Domestic Substances List;

SOR/2009-2 — Order 2008-87-09-01 Amending the Domestic Substances List;

SOR/2009-3 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2009-4 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2009-6 — Order Amending the Ontario Hog Charges (Interprovincial and Export) Order;

SOR/2009-7 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2009-8 — Regulations Amending the Canadian Hatching Egg Producers Quota Regulations;

SOR/2009-9 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2009-11 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2009-13 — Regulations Amending the Letter Mail Regulations;

SOR/2009-14 — Proclamation Designating the Republic of Croatia as a Designated State for Purposes of the Visiting Forces Act;

SOR/2009-15 — Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List;

SOR/2009-16 — Regulations Amending the Manitoba Sex Offender Information Registration Regulations;

SOR/2009-19 — Regulations Amending the Dairy Products Marketing Regulations;

SOR/2009-24 — Order Amending the Schedule to the Customs Tariff (Extension of Most-Favoured-Nation Tariff to Libya);

SOR/2009-25 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act; and

SOR/2009-27 — Regulations Amending the Metal Mining Effluent Regulations.

At 9:32 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)