Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 23 - Minutes of Proceedings

OTTAWA, Thursday, May 9, 2013
(24)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:31 a.m., this day, in room 256-S, Centre Block, the joint chair, the Honourable Senator Bob Runciman and the vice-chair, Mr. Massimo Pacetti, presiding.

Representing the Senate: The Honourable Senators Batters, Bellemare, Braley, Harb, Hervieux-Payette, P.C., Moore and Runciman (7).

Representing the House of Commons: Rob Anders, Paulina Ayala, Réjean Genest, Massimo Pacetti, Andrew Saxton and Maurice Vellacott (6).

Acting members present for the House of Commons: Patricia Davidson for Gary Breitkreuz, Dan Albas for Mark Strahl, Blain Calkins for Patrick Brown and Jay Aspin for Wai Young (4).

Also present: Paul Cardegna, 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/89-93 — Ontario Fisheries Regulations, 1989, it was agreed that the joint chairs correspond with the Minister of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of Interim Order No. 10 Respecting Private Operators (2012), it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken. If counsel has not had a reply from the Department of Transport Canada by June 29, 2013, he will contact that department.

In the matter of SOR/2010-90 — Motor Vehicle Restraint Systems and Booster Seats Safety 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/94-686 — Income Tax Regulations, amendment, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/94-718 — Fresh Fruit and Vegetable 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/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act), 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/2009-162 — Chromium Electroplating, Chromium Anodizing and Reverse Etching 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/2010-227 — Long-Range Identification and Tracking of Vessels 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/2006-148 — Regulations Amending the Reporting of Imported Goods Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-112 — Regulations Amending the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-198 — Regulations Amending the Seeds 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/2010-223 — Regulations Amending the Benzodiazepines and Other Targeted Substances 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/95-100 — Newfoundland Offshore Certificate of Fitness Regulations; SOR/95-104 — Newfoundland Offshore Petroleum Installations Regulations; SOR/95-144 — Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations; SOR/95-187 — Nova-Scotia Offshore Certificate of Fitness Regulations; SOR/ 95-191 — Nova Scotia Offshore Petroleum Installations Regulations; SOR/95-334 — Newfoundland Offshore Area Petroleum Geophysical Operations Regulations; SOR/96-114 — Canada Oil and Gas Certificate of Fitness Regulations; SOR/96-117 — Canada Oil and Gas Geophysical Operations Regulations; and SOR/96-118 — Canada Oil and Gas Installations 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 matter of SOR/95-548 — Miscellaneous Amendments Regulations (Department of Agriculture and Agri- Food) 1995-2, 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/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 review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2002-34 — Canadian Chicken Anti-Dumping Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Farm Products Council of Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-223 — Regulations Amending the Seeds 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/2012-305 — Regulations Amending the Canada Industrial Relations Board 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/2012-292 — Regulations Amending the Food and Drug Regulations (Rum), it was agreed that the file be closed.

In the matter of SOR/2013-3 — Order Amending the Canadian Chicken Marketing Levies Order, it was agreed that the file be closed.

In the matter of SOR/2013-42 — Regulations Amending the Port Authorities Operations Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2012-91 — Order Fixing November 30, 2012 as the Day on which Sections 131 and 132 of the Act Come into Force;

SI/2012-92 — Order Repealing Order in Council P.C.1987-86 of January 22, 1987;

SI/2012-93 — Order Repealing Order in Council P.C. 2003-1304 of September 3, 2003;

SI/2012-95 — Order Fixing December 15, 2012 as the Day on which Certain Sections of the Act Come into Force;

SI/2012-96 — Order Fixing December 15, 2012 as the Day on which Certain Sections of the Act Come into Force;

SI/2012-97 — Order Fixing January 1, 2013 as the Day on which Certain Sections of the Act Come into Force;

SI/2012-98 — Order Fixing January 6, 2013 as the Day on which Sections 605 and 607 of the Act Come into Force;

SI/2012-101 — Order Declining to Refer Back to the CRTC Decision CRTC 2012-485;

SI/2012-102 — Order Fixing December 14, 2012 as the Day on which the Act Comes into Force;

SI/2013-3 — Proclamation Giving Notice that the Protocol Amending the Convention between the Government of Canada and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Came into Force on August 31, 2012;

SI/2013-5 — Order Fixing March 11, 2013 as the Day on which the Act Comes into Force;

SI/2013-7 — Reservation to the Crown Waiver Order (Grace Lake, N.W.T.);

SI/2013-8 — Order Amending the Visiting Forces and Visiting Forces Personnel Alcoholic Beverages Remission Order;

SI/2013-9 — Debbie Johnston Remission Order;

SI/2013-10 — Xui Que Hong Remission Order;

SI/2013-11 — Keith Phillips Remission Order;

SI/2013-12 — James Noble Remission Order;

SOR/2009-102 — Regulations Amending the Canada Small Business Financing Regulations;

SOR/2012-175 — Order 2012-87-06-01 Amending the Domestic Substances List;

SOR/2012-188 — Regulations Amending the Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations;

SOR/2012-203 — Marketing Authorization for Food Additives That May be Used as Bleaching, Maturing or Dough Conditioning Agents;

SOR/2012-204 — Marketing Authorization for Food Additives That May be Used as Colouring Agents;

SOR/2012-205 — Marketing Authorization for Food Additives That May Be Used as Emulsifying, Gelling, Stabilizing or Thickening Agents;

SOR/2012-206 — Marketing Authorization for Food Additives That May Be Used as Food Enzymes;

SOR/2012-207 — Marketing Authorization for Food Additives That May Be Used as Firming Agents;

SOR/2012-208 — Marketing Authorization for Food Additives that May Be Used as Glazing or Polishing Agents;

SOR/2012-209 — Marketing Authorization for Food Additives with Other Generally Accepted Uses;

SOR/2012-279 — By-law Amending Certain By-laws Made Under the Canadian Payments Act;

SOR/2012-296 — Regulations Amending the Canada Pension Plan Investment Board Regulations;

SOR/2013-12 — Order Amending the Export Control List;

SOR/2013-13 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act, No. 2013-1 (Norway House Cree Nation);

SOR/2013-14 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2012-2 (Matsqui); and

SOR/2013-16 — Order Amending the Description of Wood Buffalo National Park of Canada in Schedule 1 to the Canada National Parks Act.

At 9:43 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)