Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 7 - Minutes of Proceedings

OTTAWA, Thursday, June 17, 2010
(7)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:35 a.m., this day, in Room 256-S, Centre Block, the Honourable Senator Yonah Martin and Mr. Andrew Kania, Joint Chairs, presiding.

Representing the Senate: The Honourable Senators Boisvenu, Harb, Hervieux-Payette, P.C., Martin, Poirier and Wallace (6).

Representing the House of Commons: Harold Albrecht, Gérard Asselin, Ray Boughen, Cheryl Gallant, Royal Galipeau, Andrew Kania and Paul Szabo (7).

Acting members present for the House of Commons: Alice Wong for Dona Cadman; Nina Grewal for Dona Cadman, John Raffety for Brian Masse (3).

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 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/2006-242 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, it was agreed that the joint chairs correspond with the Minister of Industry Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-228 — Regulations Amending the Seeds 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 and then close the file.

In the matter of SOR/2010-28 — Order Exempting Bands from the Operation of Section 32 of the Indian Act, it was agreed that the joint chairs correspond with the Minister of Indian Affairs and Northern Development with respect to certain comments made by the committee.

In the matter of SOR/94-785 — Retirement Compensation Arrangements Regulations, No. 1, it was agreed that the joint chairs correspond with the Minister of the Treasury Board of Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-44 — Regulations Implementing the United Nations Resolution on Iran; and SOR/ 2006-287 — Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea, 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 SI/2008-85 — Certain Fees Relating to Export Certificates Remission Order; SI/2008-86 — Certain Fees Relating to Feeder Cattle Imported from the United States Remission Order; and SI/2008-87 — Certain Fees Relating to Registered Establishments Remission Order, 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/2000-111 — Canadian Aviation Security Regulations; SOR/2002-188 — Regulations Amending the Canadian Aviation Security Regulations; and 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. It was further agreed that the joint chairs review the reply from Transport Canada to determine what action they will recommend to the committee.

In the matter of SOR/2006-193 — Regulations Amending the Egg 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/2007-99 — Load Line 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. It was further agreed that counsel to the committee review the status of the regulations at a later date and inform the committee of the action taken.

In the matter of SOR/2006-168 — Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2, it was agreed that the file be closed.

In the matter of SOR/2008-155 — Regulations Amending the Regulations Specifying Investigative Bodies, 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/2010-5 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986; and SOR/2010-6 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986, it was agreed that the files be closed.

In the matter of SOR/2000-108 — Export Control List Notification 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/2002-317 — Export of Substances Under the Rotterdam Convention 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/2006-75 — Regulations Amending the Canada Business Corporations Regulations, 2001, 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/2008-306 — 2010 Olympic and Paralympic Winter Games Remission Order, it was agreed that the file be closed.

In the matter of SOR/2002-309 — Order Amending the British Columbia Vegetable Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Farm Products Council with respect to certain comments made by the committee.

In the matter of SOR/2004-255 — Regulations Amending the Port Authorities Operations Regulations (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/2007-196 — Proclamation Amending the Canadian Broiler Hatching Egg Marketing Agency Proclamation, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Farm Products Council with respect to certain comments made by the committee.

In the matter of SOR/2003-30 — Consular Fees (Specialized Services) Regulations, it was agreed that the file be closed.

In the matter of SI/2010-18 — Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order, 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/2005-148 — Regulations Amending the Definition of ``Small Cable Transmission System'' 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/2010-47 — Guidelines Amending the Guidelines Respecting Control in Fact for the Purpose of Subsection 377(1) of the Bank Act; and SOR/2010-48 — Guidelines Amending the Guidelines Respecting Control in Fact for the Purpose of Subsection 407.2(1) of the Insurance Companies Act, it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/2010-8 — Order Fixing February 1, 2010 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2010-9 — Order Fixing February 22, 2010 as the Date of the Coming into Force of the Act;

SI/2010-10 — Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (GST/HST) Remission Order;

SI/2010-13 — Proclamation Giving Notice that the Convention on Social Security Between the Government of Canada and the Government of the Kingdom of Morocco comes into Force on March 1, 2010;

SOR/2008-293 — By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law;

SOR/2008-294 — By-law Amending the Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law;

SOR/2009-132 — Regulations Amending the Infrastructure Projects Environmental Assessment Adaptation Regulations;

SOR/2009-136 — Order 2009-87-03-02 Amending the Domestic Substances List;

SOR/2009-139 — Order Amending the Order Declaring an Amnesty Period (2006);

SOR/2009-181 — Guidelines Amending the Federal Child Support Guidelines;

SOR/2009-253 — Order 2009-87-07-01 Amending the Domestic Substances List;

SOR/2009-276 — Order 2009-87-09-01 Amending the Domestic Substances List;

SOR/2009-310 — Order 2009-66-11-01 Amending the Domestic Substances List;

SOR/2010-11 — Regulations Amending the Insurable Earnings and Collection of Premiums Regulations;

SOR/2010-13 — G8 Summit Privileges and immunities Order, No. 2010-2;

SOR/2010-16 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2010-18 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2010-19 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2010-21 — Order Designating Alberta for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code; and

SOR/2010-24 — Regulations Amending the Canadian International Trade Tribunal Regulations.

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)