Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 9 - Minutes of Proceedings

OTTAWA, Thursday, November 4, 2010
(10)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:33 a.m., this day, in room 256-S, Centre Block, the joint chairs, the Honourable Yonah Martin and Mr. Andrew Kania, presiding.

Representing the Senate: The Honourable Senators Boisvenu, Braley, Hervieux-Payette, P.C., Martin, Moore and Stratton (6).

Representing the House of Commons: Rob Anders, Gérard Asselin, Ray Boughen, Rod Bruinooge, Gordon Brown, Rob Clarke, Meili Faille, Marlene Jennings, Andrew Kania, Derek Lee, Brian Masse and Andrew Saxton (12).

Also present: Andrew Bartholomew Chaplin, Acting Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Shawn Abel, Counsel, Parliamentary Information and Research Service, Library of Parliament.

In attendance: The official reporters of the Senate.

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/2001-536 — Regulations Amending the Consular Services Fees Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Foreign Affairs and International Trade Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-192 — Regulations Amending the Designated Public Office Holder Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of Fee Schedule — Fees to be Paid for Marine Navigation Services provided by the Canadian Coast Guard, it was agreed that the matter be adjourned to the next meeting of the committee.

In the matter of SOR/98-2 — Regulations Amending the Fish Inspection Regulations; and SOR/99-169 — Regulations Amending the Fish Inspection Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Agriculture and Agri-Food Canada and with respect to certain comments made by the committee.

In the matter of SOR/2000-374 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Human Resources and Skills Development Canada with respect to certain comments made by the committee.

In the matter of SOR/98-5 — Licensed Dealers for Controlled Drugs and Narcotics Fees Regulations (1056); SOR/ 98-4 — Established Licensing Fees Regulations (1056); and SOR/98-432 — Fees in Respect of Medical Devices Regulations, it was agreed that the file be closed.

In the matter of SOR/2009-12 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law, it was agreed that counsel to the committee review its status at a later date and inform the committee of the action taken.

In the matter of SOR/2010-17 — Regulations Amending the British Columbia Sex Offender Information Registration Regulations, it was agreed that the file be closed.

In the matter of C.R.C. c. 954 — Indian Estates Regulations, it was agreed to report the matter.

In the matter of SOR/2001-316 — Order Amending the Schedule to the Customs Tariff (Harmonized System, 2002), it was agreed that counsel to the committee review its status at a later date and inform the committee of the action taken.

In the matter of SOR/2002-182 — Regulations Amending the Canadian Aviation Regulations (Part VI), 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/2008-124 — Bowie Seamount Marine Protected Area Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-242 — Order 2008-87-05-01 Amending the Domestic Substances List, it was agreed that the file be closed.

In the matter of SOR/2007-29 — Regulations Amending the Public Service Superannuation Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2009-38 — Direction Amending the Direction Applying the Auditor General Act Sustainable Development Strategy Requirements to Certain Departments, it was agreed that the file be closed.

In the matter of SOR/98-247 — Regulations Amending the Manitoba Fishery Regulations, 1987, it was agreed that the file be closed.

In the matter of SOR/2002-354 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2002-1 (Miscellaneous Program), 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/2004-110 — Regulations Amending the Coastal Fisheries Protection Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/91-365 — Pari-Mutual Betting Supervision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Agriculture and Agri-Food Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-416 — Regulations Amending the Health of Animals Regulations; and SOR/2003-409 — Regulations Amending the Health of Animals Regulations, 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/2006-354 — Musquash Estuary Marine Protected Area Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-77 — Pacific Fishery Management Area Regulations, 2007, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of C.R.C. c. 1551 — Textile Labelling and Advertising Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Competition Bureau Canada with respect to certain comments made by the committee.

In the matter of SOR/99-325 — Exceptions for Educational Institutions, Libraries, Archives and Museums 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/2005-149 — Export and Import of Hazardous Waste and Hazardous Recyclable Material 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 the Canadian Food Inspection Agency Fees Notice, it was agreed that counsel to the committee review its status at a later date and inform the committee of the action taken.

In the matter of SOR/91-594 — Plant Breeders' Rights 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/2004-195 — Regulations Amending the Motor Vehicle Safety Regulations (Rear Impact Guards), 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/2010-78 — Regulations Amending the Immigration and Refugee Protection Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-108 — Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SOR/2010-37 — Regulations Amending the Hazardous Products (Kettles) Regulations;

SOR/2010-44 — Regulations Amending the Canadian Payments Association Election of Directors Regulations;

SOR/2010-46 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2010-50 — Order 2010-105-03-01 Amending the Domestic Substances List;

SOR/2010-51 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2010-52 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)b)) Exemption Order (Security, Safety and International Relations), No. 2010-2;

SOR/2010-53 — Order Amending Schedule I to the Hazardous Products Act (bisphenol A);

SOR/2010-58 — Haiti Deemed Direct Shipment (General Preferential Tariff and Least Developed Country Tariff) Regulations;

SOR/2010-61 — Regulations Amending the Canada Corporations Regulations;

SOR/2010-62 — G20 Summit Privileges and Immunities Order, 2010;

SOR/2010-63 — Regulations Amending the Marihuana Medical Access Regulations;

SOR/2010-64 — Order Amending the Order Approving Blood Sample Containers;

SOR/2010-65 — Telecommunications Fees Regulations, 2010;

SOR/2010-70 — Regulations Amending the Bank Holding Company Proposal Regulations;

SOR/2010-73 — Regulations Amending the Textile Labelling and Advertising Regulations;

SOR/2010-74 — Regulations Amending the Regulations Excluding Certain Indictable Offences from the Definition of ``Designated Offence'';

SOR/2010-75 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2010-77 — Order Amending the Indian Bands Council Elections Order;

SOR/2010-80 — Order Amending the Indian Bands Council Elections Order (Soda Creek);

SOR/2010-86 — Regulations Amending the Health of Animals Regulations;

SOR/2010-87 — Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations;

SOR/2010-97 — Rules Amending the Bankruptcy and Insolvency General Rules (Miscellaneous Program);

SOR/2010-100 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2010-104 — Order Amending the Order Declaring an Amnesty Period (2006);

SOR/2010-113 — Regulations Amending the British Columbia Sport Fishing Regulations, 1996;

SOR/2010-114 — Regulations Amending the Food and Drug Regulations (1595 — Schedule F); and

SOR/2010-116 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010-4.

At 9:58 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)