Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 17 - Minutes of Proceedings - April 6, 2017

OTTAWA, Thursday, April 6, 2017
(18)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:30 a.m., in room 256-S, Centre Block, the joint chair, Mr. Harold Albrecht, presiding.

Members of the committee present: The Honourable Senators Day and Runciman (2).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Bratina, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Glen Motz, John Oliver, Francis Scarpaleggia and Salma Zahid (10).

Also present: Evelyne Borkowski-Parent, General Counsel and Cynthia Kirkby, Counsel, Parliamentary Information and Research Service, Library of Parliament and Jean-Marie David, Joint Clerk of the Committee (House of Commons).

Also present: The official reporters of the Senate.

The joint clerk of the Senate presided over the election of the joint chair Senate.

The Honourable Senator Runciman moved:

That the Honourable Senator Day do take the chair of this committee.

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

The Honourable Senator Day took the chair.

The Honourable Senator Runciman moved:

That the Committee now proceed to sit in camera and that, notwithstanding usual practice, members' assistants be allowed to remain.

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

At 8:33 a.m., the committee suspended.

At 8:34 a.m., the committee resumed in camera,

It was moved:

That, in relation to the access to information request received by Public Services and Procurement Canada and communicated to the Committee on March 23, 2017, requesting documents related to the Committee's proceedings that are not sensitive, the Committee authorize the disclosure of said documents and instruct the co-clerks to proceed accordingly, with the understanding that they remain protected by parliamentary privilege.

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

At 8:40 a.m., the committee suspended.

At 8:41 a.m., the committee resumed in public.

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 SI/2013-65 — Order Fixing the Day on which this Order is published and six months after that Day as the Days on which Certain Provisions of the Act Come into Force; SI/2012-85 — Order Fixing Various Dates as the Dates on which Certain Provisions of the Act Come into Force; SI/2012-99 — Order Fixing the Day on which this Order is registered as the Day on which Certain Sections of the Act Come into Force; SI/2013-107 — Order Fixing the Day on which this Order is registered as the Day on which Section 201 of the Act Comes into Force and; SI/2014-58 — Order Fixing the Day that is Six Months after the Day on which this Order is published as the Day on which Certain Provisions of the Copyright Act Come into Force; SI/2014-103 — Order Fixing the Day on which this Order is published and December 31, 2014 as the Days on which Certain Sections of the Act Come into Force; SI/2014-105 — Order Fixing the Day that is 90 Days after the Day on which this Order is registered as the Day on which the Act Comes into Force; SI/2015-5 — Order Fixing the Day on which this Order is published as the Day on which Certain Sections of the Act Come into Force; SI/2015-6 — Order Fixing the Day on which this Order is published as the Day on which Sections 139 to 145 of the Act Come into Force; SI/2015-20 — Order Fixing the 30th Day after the Day on which this Order is published as the Day on which Certain Sections of the Act Come into Force; SI/2015-31 — Order Fixing the Day on which this Order is published as the Day on which Sections 264 and 266 of the Act Come into Force; SI/2015-53 — Order Fixing the Day on which this Order is published as the Day on which Certain Provisions of the Act Come into Force; SI/2015-67 — Order Fixing the Day on which this Order is registered as the Day on which Part 3 of the Act Comes into Force; SI/2015-68 — Order Fixing the Day on which this Order is registered as the Day on which Certain Sections of the Act Come into Force and; SI/2016-74 — Order Fixing the Day on which this Order is registered as the Day on which Subsection 35(2) of the Act Comes into Force, it was agreed that the file be closed.

In the matter of SOR/2000-328 — Regulations Amending the Canada Occupational Safety and Health Regulations and; SOR/2014-141 — Regulations Amending the Oil and Gas Occupational Safety and Health 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/2015-169 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Innovation, Science and Economic Development with respect to certain comments made by the committee.

In the matter of SOR/2008-180 — Principal Protected Notes Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2009-257 — Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance 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 Services and Procurement Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-68 — Mortgage Insurance Business (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Canadian Societies) Regulations and; SOR/2010- 69 — Mortgage Insurance Disclosure (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Canadian Societies) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-98 — Deposit Type Instruments Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-23 — Negative Option Billing Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2013-101 — Administrative Monetary Penalties (Consumer 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/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 review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2008-120 — Vessel Operation Restriction Regulations; SOR/2010-34 — Regulations Amending the Vessel Operation Restriction Regulations and; SOR/2010-226 — Regulations Amending the Vessel Operation Restriction 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/2014-233 — Railway Safety Administrative Monetary Penalties Regulations and; SOR/2015-133 — Regulations Amending the Railway Safety Administrative Monetary Penalties 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 and, if necessary, that the joint chairs invite officials of Transport Canada to appear before the committee.

In the matter of SOR/2014-210 — Regulations Amending the Vessel Operation Restriction 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/2015-123 — Regulations Amending the Vessel Operation Restriction 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/2013-73 — Regulations Amending the Immigration and Refugee 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/2007-90 — Rules Amending the Patent Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Innovation, Science and Economic Development with respect to certain comments made by the committee.

In the matter of SOR/2016-142 — Regulations Amending Certain Department of Finance Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2016-276 — Regulations Amending the Income Tax Regulations (Canadian Oil and Gas Exploration Expense), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SOR/2016-115 — Order Amending the Indian Bands Council Elections Order (Indian Island);

SOR/2016-116 — Order Amending the Schedule to the First Nations Elections Act (Indian Island);

SOR/2016-117 — Order Amending the Indian Bands Council Elections Order (Waycobah);

SOR/2016-118 — Order Amending the Schedule to the First Nations Elections Act (Waycobah);

SOR/2016-120 — Order Amending Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2016-122 — Order Authorizing the Issue of a Two Dollar Circulation Coin Specifying the Characteristics and Determining the Design;

SOR/2016-123 — Regulations Amending the Narcotic Control Regulations (Opium Poppy);

SOR/2016-127 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2016-2 (Cayoose Creek);

SOR/2016-129 — Regulations Identifying the Provisions of the Laws of the Legislature of Yukon Conferring Rights of Access for the Purpose of the Exercise of a Mineral Right;

SOR/2016-148 — North American Leaders' Summit 2016 — Privileges and Immunities Order;

SOR/2016-150 — Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2016-155 — Expiry of Sections 10 to 12 and 13 to 15 of the Softwood Lumber Products Export Charge Act, 2006 Regulations; SOR/2016-157 - Smelted Jewellery Remission Order;

SOR/2016-158 — Order 2016-87-07-01 Amending the Domestic Substances List;

SOR/2016-159 — Order 2016-112-21-01 Amending the Domestic Substances List;

SOR/2016-160 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2016-196 — Regulations Amending the Metal Mining Effluent Regulations;

SOR/2016-202 - Regulations Amending the Atlantic Pilotage Tariff Regulations — Newfoundland and Labrador Non-Compulsory Areas;

SOR/2016-205 — Regulations Amending the Pension Benefits Standards Regulations, 1985;

SOR/2016-210 — Order Amending Schedule III to the Financial Administration Act; SOR/2016-211 — Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence — Canadian Shield Population);

SOR/2016-213 — Order Amending the Schedule to the First Nations Fiscal Management Act;

SOR/2016-214 — Order Amending the Indian Bands Council Elections Order (Gull Bay);

SOR/2016-215 — Order Amending the Schedule to the First Nations Elections Act (Gull Bay);

SOR/2016-216 — Order Amending the Indian Bands Council Elections Order (Wuskwi Sipihk);

SOR/2016-217 — Order Amending the Schedule to the First Nations Elections Act (Wuskwi Sipihk);

SOR/2016-218 — Order Amending the Indian Bands Council Elections Order (Musqueam);

SOR/2016-219 — Order Amending the Schedule to the First Nations Elections Act (Musqueam);

SOR/2016-220 — Order Amending the Indian Bands Council Elections Order (Chippewas of Georgina Island);

SOR/2016-221 — Order Amending the Schedule to the First Nations Elections Act (Chippewas of Georgina Island);

SOR/2016-222 — Order Amending the Indian Bands Council Elections Order (Nooaitch) and;

SOR/2016-223 — Order Amending the Schedule to the First Nations Elections Act (Nooaitch).

At 9:23 a.m., the committee adjourned to the call of the chair.

ATTEST:

Maxwell Hollins

Clerk of the Committee