Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 7 - Minutes of Proceedings - May 1, 2014

OTTAWA, Thursday, May 1, 2014
(8)

[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 chair, the Honourable Senator Bob Runciman and the vice-chair, Mr. Garry Breitkreuz, presiding.

Representing the Senate: The Honourable Senators Batters, Hervieux-Payette, P.C., Moore, Nancy Ruth, Runciman and Tannas (6).

Representing the House of Commons: Dan Albas, Stella Ambler, Rob Anders, Paulina Ayala, Garry Breitkreuz, Patrick Brown, Rob Clarke, François Pilon, Anne Minh-Thu Quach and Maurice Vellacott (10).

Acting members present for the House of Commons: Marc Garneau for Mauril Bélanger (1).

Also present: Jean-François Lafleur, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Evelyne Borkowski-Parent, 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/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act); and SOR/2002-148 — Regulations Designating Persons and Categories of Persons — Other Than Travellers Destined for the United States — Who May Enter a Preclearance Area, it was agreed that discussion of the letters of February 28 and April 28 be deferred to the next meeting of the committee.

In the matter of SOR/89-93 — Ontario Fishery Regulations, 1989, 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/2005-127 — United Nations Côte d'Ivoire Regulations; SOR/2005-306 — Regulations Amending the United Nations Democratic Republic of the Congo Regulations; SOR/2006-164 — Regulations Amending the United Nations Afghanistan Regulations; SOR/2007-44 — Regulations Implementing the United Nations Resolution on Iran; SOR/2007-204 — Regulations Implementing the United Nations Resolution on Lebanon; SOR/2007-285 — Special Economic Measures (Burma) Regulations; SOR/2008-248 — Special Economic Measures (Zimbabwe) Regulations; SOR/2008-248 — Special Economic Measures (Zimbabwe) Regulations; SOR/2012-121 — Regulations Amending the Regulations Implementing the United Nations Resolutions on Somalia; SOR/2009-92 — Regulations Implementing the United Nations Resolutions on Somalia; SOR/2009-232 — Regulations Amending the Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea; SOR/2010-84 — Regulations Implementing the United Nations Resolution on Eritrea; SOR/2011-114 — Special Economic Measures (Syria) Regulations; SOR/2011-220 — Regulations Amending the Special Economic Measures (Syria) Regulations; SOR/2011-330 — Regulations Amending the Special Economic Measures (Syria) Regulations; SOR/ 2012-85 — Regulations Amending the Special Economic Measures (Burma) Regulations; and SOR/2012-107 — Regulations Amending the Special Economic Measures (Syria) Regulations, it was agreed that the joint chairs correspond with the Minister 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 Certification 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/2005-151 — Canada Education Savings Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Employment and Social Development Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-120 — Maritime Occupational Health and Safety 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/2010-158 — Beef Cattle Research, Market Development and Promotions Levies Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Farm Products Council of Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-87 — Aviation Occupational Health and Safety Regulations, Ms. Anne Minh-Thu Quach moved:

That should the joint committee not receive satisfactory replies by fall 2014, it will invite the Minister of Labour and the Minister of Transport Canada to appear before it.

After debate, the question being put on the motion, it was negatived by a show of hands.

Mr. Maurice Vellacott moved:

That counsel to the joint committee monitor the file and place it on the agenda in the fall of 2014.

The question being put on the motion, it was adopted.

In the matter of SOR/86-1004 — Atlantic Pilotage Authority Non-compulsory Area Regulations; and SOR/2007-60 — Regulations Amending the Atlantic Pilotage Authority Non-compulsory Area 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/2003-196 — Natural Health 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.

In the matter of SOR/2013-88 — Export of Substances on the Export Control List Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canda with respect to certain comments made by the committee.

In the matter of SOR/2003-2 — On-Road Vehicle and Engine Emission 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/2012-77 — Regulations Amending the Immigration and Refugee Protection Regulations, it was agreed that the file be closed.

In the matter of SOR/95-26 — Special Import Measures Regulations, amendment; and SOR/2000-138 — Regulations Amending the Special Import Measures 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/95-189 — Nova Scotia Offshore Area Petroleum Diving 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/2009-324 — Regulations Amending the Esquimalt Graving Dock Regulations, 1989, 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/96-423 — Patent Rules; and SOR/2003-208 — Rules Amending the Patent Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Intellectual Property Office with respect to certain comments made by the committee.

In the matter of SOR/2006-3472 — Butoxyethanol Regulations, it was agreed that the file be closed.

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/2010-138 — Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act, 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/2013-84 — Regulations Amending the Canada Pension Plan (Social Insurance Numbers) 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/2013-220 — Regulations Amending the Motor Vehicle Safety Regulations (Standards 121, 206, 223 and 301.2), it was agreed that the file be closed.

In the matter of SOR/2013-234 — Regulations Amending the Competency of Operators of Pleasure Craft Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2013-113 — Order Fixing October 18, 2013 as the Day on which Certain Sections of the Act Come into Force;

SI/2013-121 — Order Fixing January 1, 2014 as the Day on which Sections 441 to 443 of the Act Come into Force;

SI/2013-124 — Order Fixing December 1, 2013 as the Day on which Part 1 and Section 15 of the Act Come into Force;

SI/2013-127 — Order Fixing Certain Dates as the Days on which Certain Provisions of the Act Come into Force;

SI/2013-128 — Order Fixing December 16, 2013 as the Day on which Certain Sections of the Act Come into Force;

SI/2014-2 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2014-3 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2014-4 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2014-6 — Order Fixing September 24, 2014 as the Day on which Certain Provisions of the Act Come into Force;

SI/2014-7 — Order Fixing February 6, 2014 as the Day on which Subsection 162(2) of the Act Comes into Force;

SI/2014-8 — Order Fixing February 6, 2014 as the Day on which Sections 170 and 171 of the Act Come into Force;

SI/2014-12 — Order Fixing February 13, 2014 as the Day on which Sections 178 and 185 of the Act Come into Force;

SI/2014-17 — Order Fixing April 1, 2014 as the Day on which Division 27 of Part 4 of the Act Comes into Force;

SOR/2009-115 — Regulations Amending the Income Tax Regulations (Capital Cost Allowance — 2007 Budget Measures);

SOR/2012-178 — Regulations Amending the Citizenship Regulations;

SOR/2013-226 — Regulations Repealing the Health Reform Transfer Regulations;

SOR/2013-248 — Order Amending the Ontario Hog Charges (Interprovincial and Export) Order;

SOR/2013-250 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2014-2 — Regulations Amending the Canadian Chicken Marketing Quota Regulations; and

SOR/2014-20 — Regulations Amending the Citizenship Regulations.

At 9:48 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)