Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings

OTTAWA, Thursday, March 25, 2010
(1)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:37 a.m., in room 256-S, Centre Block, for the purpose of holding its organization meeting, pursuant to rule 88 of the Rules of the Senate and subsection 106(1) of the Standing Orders of the House of Commons.

Members of the committee present:

Representing the Senate: The Honourable Senators Boisvenu, Dickson, Harb, Martin, Moore, Poirier and Wallace (7).

Representing the House of Commons: Scott Armstrong, Harold Albrecht, Gérard Asselin, Ray Boughen, Dona Cadman, Christiane Gagnon, Royal Galipeau, Andrew Kania, Derek Lee, Brian Masse and Paul Szabo (11).

Acting member present for the House of Commons: Russ Hiebert for Cheryl Gallant (1)

Also present: Graeme Truelove, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Jacques Rousseau, Counsel, Parliamentary Information and Research Service, Library of Parliament.

In attendance: The official reporters of the Senate.

The joint clerk for the Senate presided over the election of the joint chair for the Senate.

The Honourable Senator Wallace moved:

That the Honourable Senator Martin be joint chair of the committee for the Senate.

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

The joint clerk for the House of Commons presided over the election of the joint chair for the House of Commons.

Mr. Lee moved:

That Mr. Kania be joint chair of the committee for the House of Commons.

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

The joint clerk for the House of Commons presided over the election of the vice-chairs.

Mr. Albrecht moved:

That Mr. Galipeau be vice-chair of the committee.

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

Mr. Szabo moved:

That Mr. Masse be vice-chair of the committee.

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

Senator Moore moved:

That the Subcommittee on Agenda and Procedure be composed of the joint chairs, the vice-chairs, one member from the other party in the Senate and one member from the other opposition party in the House of Commons, to be designated after the usual consultation;

That the subcommittee be empowered to make decisions on behalf of the committee with respect to its agenda, to invite witnesses, and to schedule hearings; and

That the subcommittee report its decisions to the committee.

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

Senator Harb moved:

That the committee publish its proceedings in both official languages; and

That the joint chairs be authorized to set the number of printed copies to meet demand.

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

Ms. Cadman moved:

That the committee's general counsel review the unrevised transcripts of the proceedings of the committee.

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

The Honourable Senator Poirier moved:

That the committee concur in the first report on Statutory Instruments Act, R.S.C. 1985, c. S-22, and that the joint chairs so report to their respective House.

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

Mr. Armstrong moved:

That either joint chair or, in accordance with the direction of the joint chairs, either joint clerk, be authorized to approve payment of expenditures of the committee.

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

Mr. Boughen moved:

That, at the discretion of the joint chairs, the committee reimburse reasonable travelling and living expenses for one witness from any one organization, with payment to take place upon application, but that the joint chairs be authorized to approve expenses for a second witness, should there be exceptional circumstances.

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

Mr. Szabo moved:

That the joint chairs be empowered to allow coverage by electronic media of the full committee's public proceedings with the least possible disruption of its hearings, at their discretion.

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

Mr. Hiebert moved:

That the Senate joint chair be authorized to seek permission from the Senate to permit coverage by electronic media of the committee's public proceedings with the least possible disruption of its hearings; and

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

Mr. Boughen moved:

That the committee empower the Subcommittee on Agenda and Procedure to designate, as required, one or more members of the committee and/or such staff as may be necessary, to travel on assignment on behalf of the committee.

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

Senator Martin, Joint Chair, informed the committee that the regular time slot for its meetings is Thursday mornings from 8:30 a.m. until 10:30 a.m.

At 8:50 a.m., the committee proceeded to consider 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 SOR/2006-191 — Regulations Amending the Nuclear Security Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Nuclear Safety Commission with respect to certain comments made by the committee.

In the matter of SOR/94-439 — National Parks Camping Regulations, amendment, it was agreed that the matter be considered at the next meeting of the committee.

In the matter of SOR/2009-95 — Regulations Repealing the Restrictive Trade Practices Commission Rules, it was agreed that the file be closed.

In the matter of SOR/2001-536 — Regulations Amending the Consular Services Fees Regulations, it was agreed that the joint chairs correspond with the Minister of Foreign Affairs and International Trade Canada with respect to certain comments made by the committee.

In the matters of SOR/2001-401 — Minority Investment (Bank Holding Companies) Regulations; SOR/2001-405 — Minority Investment (Insurance Holding Companies) Regulations; SOR/2001-480 — Supervisory Information (Bank Holding Companies) Regulations; and SOR/2001-484 — Supervisory Information (Insurance Holding Companies) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Office of the Superintendent of Financial Institutions Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-24 — Regulations Amending the Health of Animals Regulations and the Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, it was agreed that the matter be considered at the next meeting of the committee.

In the matters of C.R.C. c. 931 — Hazardous Products (Toys) Regulations, as amended by SOR/91-267; and SOR/ 91-267 — Hazardous Products (Toys) Regulations, amendment, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Health Canada with respect to certain comments made by the committee.

In the matters of SOR/99-142 — Canada Lands Surveyors Regulations; and SOR/2003-1 - Regulations Amending the Canada Lands Surveyors Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Natural Resources Canada with respect to certain comments made by the committee.

In the matters of SOR/2001-512 — Canada Business Corporations Regulations, 2001; SOR/2004-155 — Schedule 1 Chemicals Regulations (Chemical Weapons Convention); SOR/2008-119 — Regulations Amending Certain Regulations Made under the Nuclear Safety and Control Act; and SOR/2007-23 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that the matters be considered at the next meeting of the committee.

In the matter of SOR/94-753 — Indian Oil and Gas Regulations, 1995, 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/91-687 — Processed Products Regulations, amendment, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matter of SOR/95-25 - Investment Canada Regulations, amendment, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Industry Canada with respect to certain comments made by the committee.

In the matter of SOR/94-192 — Airport Vehicle Parking Charges Regulations, amendment, 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/2009-18 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 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/2009-98 — Regulations Amending the Exemption List Regulations, it was agreed that the file be closed.

In the matter of SOR/2009-148 — Regulations Amending the Northwest Territories Archaeological Sites Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2009-151 — Regulations Amending the Kananaskis Falls and Horseshoe Falls Water Power Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2009-168 — Regulations Amending the Laurentian Pilotage Authority Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2009-11 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2009-12 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2009-14 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2009-27 — United Nations Mission in Timor-Leste (UNMIT) Medal Order;

SI/2009-28 — United Nations African Union Hybrid Mission in Darfur (UNAMID) Medal Order;

SI/2009-31 — Order Amending the Treaty Land Entitlement (Manitoba) Remission Order;

SI/2009-33 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2009-34 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2009-35 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2009-36 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2009-45 — Order Designating the Chairperson of the Indian Residential Schools Truth and Reconciliation Commission as Deputy Head;

SI/2009-46 — Order Designating the Indian Residential Schools Truth and Reconciliation Commission as a Department and the Chairperson as the Deputy Head for Purposes of the Act;

SI/2009-47 — Order Designating the Access to Information Act Heads of Government Institutions Designation Order and Amending the Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2009-48 — Order Amending the Privacy Act Heads of Government Institutions Designation Order and Amending the Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2009-49 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order and Amending the Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2009-63 — Order Designating the President of the Treasury Board as the Minister for the Purposes of Section 136 of the Act;

SI/2009-64 — Order Designating the President of the Treasury Board as the Minister for the Purposes of Section 252 of the Act;

SI/2009-73 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Salt River First Nation) Order;

SI/2009-74 — Order Transferring from the Department of Industry to the Federal Economic Development Agency for Southern Ontario the Control and Supervision of the Southern Ontario Regional Economic Development Branch;

SI/2009-75 — Order Designating the President of the Federal Economic Development Agency for Southern Ontario as Deputy Head;

SI/2009-76 — Order Designating the Federal Economic Development Agency for Southern Ontario as a Department and the President as Deputy Head for Purposes of the Act;

SI/2009-77 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2009-78 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2009-79 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2009-80 — Order Transferring from the Department of Indian Affairs and Northern Development to the Canadian Northern Economic Development Agency the Control and Supervision of the Northern Economic Development Branch;

SI/2009-81 — Order Designating the President of the Canadian Northern Economic Development Agency as Deputy Head;

SI/2009-82 — Order Designating the Canadian Northern Economic Development Agency as a Department and the President as Deputy Head for Purposes of the Act;

SI/2009-83 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order; and

SI/2009-84 — Order Amending the Privacy Act Heads of Government Institutions Designation Order.

At 9:45 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)