Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 18 - Minutes of Proceedings - April 13, 2017

OTTAWA, Thursday, April 13, 2017
(19)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:31 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Senator Joseph A. Day and Mr. Harold Albrecht, presiding.

Representing the Senate: The Honourable Senators Day, Runciman and Wallin (3).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Kerry Diotte, Pierre-Luc Dusseault, Fayçal El-Khoury, Garnett Genuis, James Maloney, Glen Motz, John Oliver, Francis Scarpaleggia, Salma Zahid and Sven Spengemann (12).

Also present: Evelyne Borkowski-Parent, General Counsel, Shawn Abel, 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.

It was agreed, that the committee proceed in camera and that, notwithstanding usual practice, members' assistants be allowed to remain.

In the matter of SOR/2016-304 — Global Affairs Canada, it was agreed that the letter dated January 11, 2017 stand and the file be closed.

At 8:55 a.m., the committee suspended.

At 8:56 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 SOR/2016-304 — Regulations Amending the Special Economic Measures (Ukraine) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/86-1004 — Atlantic Pilotage Authority Non-compulsory Area 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/2011-99 — Registered Products 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/2014-295 — Regulations Amending the Contraventions Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Justice with respect to certain comments made by the committee.

In the matter of SOR/2015-164 — Policy Committees, Work Place Committees and Health and Safety Representatives 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 SOR/2015-239 — Regulations Amending the Broadcasting Distribution Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canadian Radio-television and Telecommunications Commission with respect to certain comments made by the committee.

In the matter of SOR/2016-128 — Regulations Amending the Mackenzie Valley Land Use Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Indigenous and Northern Affairs with respect to certain comments made by the committee.

In the matter of SOR/96-188 — Interest and Administrative Charges 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/2002-241 — Rules of Procedure for Hearings before the Military Police Complaints Commission, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of National Defence and Canadian Armed Forces with respect to certain comments made by the committee.

In the matter of SOR/2003-296 — Regulations Amending the Wildlife 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/2001-532 — Telecommunications Apparatus 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 and Climate Change Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-281 — Regulations Amending the Food and Drug Regulations (1618 — Food Additives), 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/2003-323 — Presentation of Persons (2003) Regulations; SOR/2005-385 — Regulations Amending the Presentation of Persons (Customs) Regulations and the Presentation of Persons (2003) Regulations and; SOR/2006-154 — Regulations Amending the Presentation of Persons (2003) 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/2015-84 — Regulations Amending the Canadian Aviation Regulations (Parts I and VI — Offshore Operations), 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/2016-61 — Regulations Amending the Pest Control Products Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2016-42 — Order Fixing July 3, 2016 as the Day on which Certain Provisions of the Act Come into Force;

SI/2016-48 — Order Designating the National Inquiry into Missing and Murdered Indigenous Women and Girls Commission as a Department and Designating the Prime Minister as the appropriate Minister with respect to the Commission;

SI/2016-49 — Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act;

SI/2016-53 — Order Fixing October 31, 2016 as the Day on which Section 23 of the Act Comes into Force;

SI/2016-54 — Proclamation Designating "Fire Prevention Week'';

SI/2016-55 — Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act;

SI/2016-62 — Order Fixing December 1, 2016, as the Day on which Sections 21 to 28 of the Act Come into Force;

SI/2016-63 — Order Discontinuing the Canada Revenue Agency Annual Report to Parliament;

SI/2016-72 — Order Fixing the Day after the Day on which this Order is Made as the Day on which Section 148 of the Act Comes into Force;

SI/2016-73 — Order Fixing January 1, 2017 as the Day on which Certain Sections of the Act Come into Force;

SOR/2014-51 — Regulations Amending Certain Regulations Relating to Marihuana for Medical Purposes;

SOR/2014-115 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2014-136 — Regulations Amending the Migratory Birds Regulations;

SOR/2014-265 — Order Declaring that the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations Do Not Apply in Nova Scotia and;

SOR/2014-279 — Order Declaring that the Wastewater Systems Effluent Regulations Do Not Apply in Yukon.

At 10:04 a.m., the committee suspended.

At 10:05 a.m., pursuant to rule 12-16(1)(d), the committee resumed in camera to consider a draft report (future business).

It was agreed that counsel draft a letter from the joint chairs, and submit it to the committee for consideration.

At 10:17 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Mark Palmer

Joint Clerk of the Committee (Senate)