Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 20 - Minutes of Proceedings - May 28, 2015

OTTAWA, Thursday, May 28, 2015
(21)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:30 a.m., this day, in room 256-S, Centre Block, the joint chairs, the Honourable Senator Denise Batters and Ms. Chris Charlton, presiding.

Representing the Senate: The Honourable Senators Batters, McInnis, Meredith, Moore, Runciman and Smith, P.C. (Cobourg) (6).

Representing the House of Commons: Dan Albas, Rob Anders, Mauril Bélanger, Garry Breitkreuz, Chris Charlton, Jim Hillyer, François Pilon, Anne Minh-Thu Quach, Maurice Vellacott and Mike Wallace (10).

Acting member present for the House of Commons: Romeo Saganash for Paulina Ayala (1).

Also present: David Chandonnet, 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.

The chair made a statement.

It was agreed that the memorandum on committee statistics prepared by counsel be received as an information item.

In the matter of SOR/97-6 — Feeds Regulations, 1983, amendment; SOR/97-9 Seeds Regulations, amendment; and SOR/2001-274 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/2004-109 — Regulations Amending the Pulp and Paper Effluent Regulations, it was agreed that counsel to the committee meet with officials from Environment Canada. It was further agreed that the joint chairs correspond with the Minister of Environment Canada with respect to certain comments made by the committee.

In the matter of Interim Order No. 3 Respecting Flight Deck Occupants, it was agreed that counsel correspond with the Designated Instruments Officer of Transport Canada in early 2016, with respect to comments made by the committee.

In the matter of SOR/2015-72 — Regulations Repealing Certain Regulations Made Under the Farm Income Protection Act (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Agriculture and Agri-Food Canada and 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/2012-138 — Firearms Information Regulations (Non-restricted Firearms), 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/2013-49 — Regulations Amending the Onshore Pipeline Regulations, 1999, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Energy Board with respect to certain comments made by the committee.

In the matter of SOR/93-195 — Quebec Maple Syrup Producers' Levy (Interprovincial and Export Trade) Order, 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 Fee Schedule for Icebreaking Services, 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/96-423 — Patent Rules; and SOR/2003-208 — Rules Amending the Patent Rules, 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/2013-125 — Regulations Amending the Royal Canadian Mounted Police Pension Continuation Regulations and the Royal Canadian Mounted Police 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 SOR/2014-310 — Order Authorizing the Issue of a Two Dollar Circulation Coin Specifying the Characteristics and Determining the Design, it was agreed that the file be closed.

In the matter of SOR/76-373 — Prince Edward Island Potato Marketing Levies 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/2013-88 — Export of Substances on the Export Control List 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 Amendments to the Fee Schedule: Fees to be paid for marine navigation services provided by the Canadian Coast Guard, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Ocean 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/91-365 — Pari-Mutuel Betting Supervision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/94-118 — Timber Regulations, 1993, 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/2002-34 — Canadian Chicken Anti-Dumping Regulations, it was agreed that counsel to the committee meet with officials from the Farm Products Council of Canada.

In the matter of SOR/2002-35 — Canadian Chicken Marketing Levies Order; SOR/2006-180 — Order Amending the Canadian Chicken Marketing Levies Order; and SOR/2007-251 — Order Amending the Canadian Chicken Marketing Levies Order, it was agreed that counsel to the committee meet with officials from the Farm Products Council of Canada.

In the matter of SOR/2002-36 — Canadian Chicken Marketing Quota Regulations, it was agreed that counsel to the committee meet with officials from the Farm Products Council of Canada.

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 SOR/2008-202 — Regulations Amending the Immigration and Refugee Protection Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Citizenship and Immigration Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-253 — Regulations Amending the Immigration and Refugee Protection Regulations (Permanent Residents), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Citizenship and Immigration Canada with respect to certain comments made by the committee.

In the matter of SOR/2009-324 — Regulations Amending the Esquimalt Graving Dock Regulations, 1989, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Public Works and Government Services Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-128 — Regulations Amending Certain Department of Industry Regulations, 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/2011-22 — Textile Flammability 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/2011-194 — Regulations Amending Certain Regulations Made Under the Fisheries 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/2002-22 — Canadian Chicken Licensing Regulations; SOR/2004-2 — Regulations Amending the Canadian Chicken Licensing Regulations; SOR/2007-249 — Regulations Amending the Canadian Chicken Licensing Regulations; SOR/2010-76 — Regulations Amending the Canadian Chicken Licensing Regulations; and SOR/2011-244 — Regulations Amending the Canadian Chicken Licensing Regulations, it was agreed that counsel to the committee meet with officials from the Farm Products Council of Canada.

In the matter of SOR/2003-274 — Chicken Farmers of Canada Delegation of Authority Order, it was agreed that counsel to the committee meet with officials from the Farm Products Council of Canada.

In the matter of SOR/2013-114 — Regulations Amending the Access to Information Regulations; and SOR/2013- 115 — Regulations Amending the Privacy Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-255 — Eligible Financial Contract Regulations (Canada Deposit Insurance Corporation Act); SOR/2007-256 — Eligible Financial Contract General Rules (Bankruptcy and Insolvency Act); SOR/2007-257 — Eligible Financial Contract General Rules (Companies' Creditors Arrangement Act); and SOR/2007-258 — Eligible Financial Contract Regulations (Winding-up and Restructuring Act), 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/2013-252 — Regulations Amending the Canadian Hatching Egg Producers Quota 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/96-44 — Duties Relief Regulations, it was agreed that the file be closed.

In the matter of SOR/2003-212 — Canadian Nuclear Safety Commission Cost Recovery Fees Regulations, it was agreed that the file be closed.

In the matter of SOR/2005-370 — Order Amending the Schedule to the Customs Tariff, 2005-3 (Textiles and Apparel), it was agreed that the file be closed.

In the matter of SOR/2011-191 — Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2012), it was agreed that the file be closed.

In the matter of SOR/2015-27 — Regulations Amending the Special Import Measures Regulations, it was agreed that the file be closed.

In the matter of SOR/2015-35 — Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2014-76 — British Columbia Indemnity Interest Remission Order (HST);

SI/2014-81 — Order Fixing the Day on which this Order is made as the Day on which Sections 195 and 196 of the Act Come into Force;

SI/2014-83 — Order Fixing November 1, 2014 as the day on which Division 29 of Part 6 of the Act Comes into Force;

SI/2014-84 — Order Fixing November 1, 2014 as the Day on which Sections 365 to 466 of the Act Come into Force;

SI/2014-85 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2014-86 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2014-87 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2014-88 — Order Repealing the Order Designating the Registrar of the Competition Tribunal as Deputy Head with Respect to the Registry of the Competition Tribunal;

SI/2014-108 — Holders of the Commercial Roe Herring Fishing Licences Remission Order;

SI/2014-110 — Remission Order in Respect of Fees for Certain Pending Applications for Temporary Residence of Foreign Nationals Who Have Been in or Are Intending to Travel to an Ebola-affected Country;

SI/2015-8 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2015-9 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2015-10 — Order Fixing February 1, 2015 as the Day on which Sections 261 and 268 of the Act Come into Force;

SI/2015-11 — Order Fixing the Day on which this Order is made as the Day on which Division 20 of Part 4 of the Act Comes into Force;

SI/2015-12 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2015-13 — Order Designating the Minister of Employment and Social Development for the purposes of the National Capital Act;

SI/2015-14 — Order Fixing December 1, 2015 as the Day on which Certain Provisions of the Act Come into Force;

SI/2015-16 — Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2014-617;

SI/2015-17 — Order Fixing the Day after the Day on which this Order is made as the Day on which Certain Sections of the Act Come into Force;

SI/2015-19 — Order Fixing April 1, 2015 as the Day on which Certain Provisions of the Acts Come into Force;

SI/2015-21 — Order Fixing the Day after the Day on which this Order is Made as the Day on which Certain Provisions of the Act Come into Force;

SI/2015-22 — Order Fixing March 16, 2015 as the Day on which the Act Comes into Force;

SI/2015-23 — Dale Roberts Income Tax Remission Order;

SI/2015-24 — Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness Concerning the Two-Year Review of the List set out in the Regulations Establishing a List of Entities;

SOR/94-558 — Human Pathogens Importation Regulations;

SOR/2014-234 — Order Approving the Proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations;

SOR/2014-287 — Order 2014-87-10-01 Amending the Domestic Substances List;

SOR/2014-288 — Order 2014-112-10-01 Amending the Domestic Substances List;

SOR/2014-312 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2014-313 — Order Amending the Schedule to the Export and Import of Rough Diamonds Act;

SOR/2014-315 — Regulations Amending the Canadian Hatching Egg Producers Quota Regulations;

SOR/2014-318 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2014-319 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2014-320 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2015-38 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2015-39 — Regulations Amending the Special Economic Measures (Russia) Regulations;

SOR/2015-40 — Regulations Amending the Special Economic Measures (Ukraine) Regulations;

SOR/2015-41 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2015-42 — Regulations Amending the Manitoba Sex Offender Information Registration Regulations;

SOR/2015-43 — Regulations Repealing the Human Pathogens Importation Regulations;

SOR/2015-46 — Miscellaneous Amendments Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2015-47 — Order 2015-87-01-01 Amending the Domestic Substances List;

SOR/2015-48 — Order 2015-66-01-01 Amending the Domestic Substances List;

SOR/2015-50 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2015-52 — Order Amending the Schedule to the First Nations Fiscal Management Act;

SOR/2015-53 — Regulations Amending the Department of Employment and Social Development Regulations;

SOR/2015-59 — Order 2015-87-02-01 Amending the Domestic Substances List; and

SOR/2015-87 — Regulations Amending the Regulations Establishing a List of Entities.

At 10:04 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Jodi Turner

Joint Clerk of the Committee (Senate)