Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 25 - Minutes of Proceedings - June 6, 2013

OTTAWA, Thursday, June 6, 2013
(26)

[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 chairs, the Honourable Senator Bob Runciman and Ms. Chris Charlton, presiding.

Representing the Senate: The Honourable Senators Batters, Bellemare, Braley, Moore and Runciman (5).

Representing the House of Commons: Rob Anders, Paulina Ayala, Garry Breitkreuz, Chris Charlton, Réjean Genest, Massimo Pacetti, Andrew Saxton and Maurice Vellacott (8).

Acting members present for the House of Commons: Blaine Calkins for Patrick Brown, Alain Giguère for Brian Masse, Kyle Seeback for Mark Strahl, Mark Warawa for Wai Young (4).

Other member present for the House of Commons: Djaouida Sellah (1).

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 List of Statutory Amendments agreed to as of April 30, 2013, the committee considered the subject.

In the matter of SI/2012-37 — Order Amending the Canadian Passport Order, 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/94-165 — Oil and Gas Occupational Safety and Health 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/2010-120 — Maritime Occupational Health and Safety 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/2011-87 — Aviation Occupational Health and Safety 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/2006-124 — Pest Control Products Regulations, 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. It was 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/2011-191 — Order Amending the Schedule to the Customs Tariff, (Harmonized System Conversion, 2012), 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/2001-32 — Controlled Goods 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/2003-363 — Antarctic Environmental Protection 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/91-594 — Plant Breeders' Rights 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/2001-227 — Marihuana Medical Access 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/2006-147 — 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/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/2010-140 — Regulations Amending Certain Regulations Made Under the Canada National Parks 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/2000-184 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2000-1 (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/2005-149 — Export and Import of Hazardous Waste and Hazardous Recyclable Material 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/2007-33 — Regulations Amending the Canadian Forces Superannuation 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 SI/2013-6 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave Region) Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Aboriginal Affairs and Northern Development Canada with respect to certain comments made by the committee. It was 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/2004-237 — Regulations Amending the Narcotic Control Regulations and Other Related Regulations; and SOR/2004-238 — Regulations Amending the Food and Drug Regulations, 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 matter of SOR/2005-151 — Canada Education Savings 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/2008-124 — Bowie Seamount Marine Protected Area Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/2009-197 — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products 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/2009-306 — Regulations Amending the Preliminary Screening Requirement Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2012-103 — Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness Concerning the Two-year Review of the List of Entities;

SI/2013-1 — British Columbia Forestry Revitalization Remission Order;

SI/2013-24 — Order Fixing March 7, 2013 as the Day on which Certain Provisions of the Act Come into Force;

SI/2013-25 — Order Fixing the Day after the Day on which this Order is Made as the Day on which Division 4 of Part 4 of the Act Comes into Force;

SI/2013-27 — List of Wildlife Species at Risk (Decisions Not to Add Certain Species) Order;

SI/2013-28 — List of Wildlife Species at Risk (referral back to COSEWIC) Order;

SI/2013-42 — Order Amending the Canadian Passport Order;

SOR/2011-157 — Order Amending the Import Control List and Repealing the European Union Surtax Order;

SOR/2012-250 — Regulations Amending the Northwest Territories Waters Regulations;

SOR/2013-20 — Regulations Amending Certain Department of Human Resources and Skills Development Regulations and Repealing the Department of Social Development Regulations;

SOR/2013-23 — Regulations Amending the Old Age Security Regulations;

SOR/2013-30 — Order 2012-87-12-01 Amending the Domestic Substances List;

SOR/2013-31 — Order 2012-66-12-01 Amending the Domestic Substances List;

SOR/2013-33 — Order Extending Export Development Canada's Temporary Domestic Powers;

SOR/2013-34 — Order Amending Schedule 1 to the Species at Risk Act;

SOR/2013-35 — Exemption Order for Certain Licences, Authorizations and Documents (Westslope Cutthroat Trout (Alberta Population));

SOR/2013-37 — Regulations Amending Certain Regulations Made Under the Fisheries Act;

SOR/2013-38 — Yukon Borrowing Limits Regulations;

SOR/2013-39 — Northwest Territories Borrowing Limits Regulations;

SOR/2013-40 — Nunavut Borrowing Limits Regulations;

SOR/2013-41 — Regulations Amending the Application of Provincial Laws Regulations;

SOR/2013-43 — Order Amending the Schedule to the Customs Tariff, 2013-1;

SOR/2013-45 — Regulations Amending the Employment Insurance Regulations;

SOR/2013-46 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2013-55 — Regulations Amending the Motor Vehicle Safety Regulations (Standard 126);

SOR/2013-57 — Order 2013-87-02-01 Amending the Domestic Substances List;

SOR/2013-59 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act; and

SOR/2013-63 — Reconsideration Request Regulations.

At 9:13 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)