Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 2 - Minutes of Proceedings - April 21, 2016

OTTAWA, Thursday, April 21, 2016
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[Français]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:32 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Senator Pana Merchant and Mr. Harold Albrecht, presiding.

Representing the Senate: The Honourable Senators Merchant and Runciman (2).

Representing the House of Commons: Harold Albrecht, Gary Anandasangaree, Vance Badawey, John Brassard, Nicola Di lorio, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Garnett Genuis, Bernadette Jordan, Tom Kmiec and Geng Tan (12).

Other member present for the House of Commons: Frank Baylis.

Also present: Andrea McCaffrey, 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 Australia-New Zealand Scrutiny of Legislation Conference, Perth, Australia, July 11-14, 2016 (Letter of Invitation), it was agreed that the Joint Committee not pursue a request for funds to attend the conference.

In the matter of SOR/96-254— Processing and Distribution of Semen for Assisted Conception Regulations; SOR/ 2000-299 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1218 — Alternative Tests); and SOR/2000-410 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1238 — Special Access), 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 SI/2015-76 — Proclamation Issuing Election Writs; and SI/2015-77 — Proclamation Summoning the House of Commons to Meet on November 16, 2015, it was agreed that the file be closed.

In the matter of SOR/2015-55 — Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2007-15 — Export Permits Regulations (Softwood Lumber Products 2006); and SOR/2007-16 — Softwood Lumber Products Export Allocations 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/2015-67 — Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Nuclear Safety Commission with respect to certain comments made by the committee.

In the matter of SOR/2001-390 — Form of Proxy (Banks and Bank Holding Companies) Regulations, it was agreed that the joint chairs correspond with the Minister of Finance with respect to certain comments made by the committee.

In the matter of SOR/2008-222 — Wage Earner Protection Program Regulations, it was agreed that the joint chairs correspond with the Minister of Employment, Workforce Development and Labour with respect to certain comments made by the committee.

In the matter of SOR/2009-258 — Regulations Amending the Cost of Borrowing (Banks) Regulations; SOR/2009- 259 — Regulations Amending the Cost of Borrowing (Authorized Foreign Banks) Regulations; SOR/2009-260 — Regulations Amending the Cost of Borrowing (Trust and Loan Companies) Regulations; SOR/2009-261 — Regulations Amending the Cost of Borrowing (Retail Associations) Regulations; SOR/2009-262 — Regulations Amending the Cost of Borrowing (Canadian Insurance Companies) Regulations; and SOR/2009-263 — Regulations Amending the Cost of Borrowing (Foreign Insurance Companies) Regulations, it was agreed that the joint chairs correspond with the Minister of Finance 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 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/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/2012-161 — By-law Amending Certain By-laws Made Under the Canadian Payments Act, 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/2015-166 — Regulations Amending the Regulations Prescribing Public Officers, it was agreed that the file be closed.

In the matter of SOR/2012-24 — Access to Funds Regulations, it was agreed that the file be closed.

In the matter of SOR/2005-178 — Cigarette Ignition Propensity 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/2011-179 — Regulations Amending the Tobacco Products Information 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/95-548 — Miscellaneous Amendments Regulations (Department of Agriculture and Agri- Food) 1995-2, 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/2000-273 — Tobacco Reporting 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/2002-198 — Regulations Amending the Seeds 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/2011-237 — Ballast Water Control and Management 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/2011-281 — Regulations Amending the Food and Drug Regulations (1618 — Food Additive), 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 Fees to be paid for Icebreaking Services provided by the Canadian Coast Guard, it was agreed that counsel to the committee correspond with the Chair of the Standing Committee on Official Languages with respect to certain comments made by the committee, and thatthe committee invite officials of Justice 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/2008-12 — Regulations Amending the Canadian Broiler Hatching Egg and Chick Licensing Regulations, it was agreed that the file be closed.

In the matter of SOR/2008-278 — Regulations Amending the Manitoba Fishery Regulations, 1987, it was agreed that the file be closed.

In the matter of SOR/2015-137 — Regulations Amending the Canada Grain Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SOR/2014-303 — Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations;

SOR/2014-307 — Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act;

SOR/2014-321 — Allocation Method Order (2015) — Softwood Lumber Products;

SOR/2015-23 — Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 108 and 131);

SOR/2015-57 — By-law Amending the Canada Deposit Insurance Corporation Data and System Requirements By- law;

SOR/2015-70 — Regulations Amending the Customs Bonded Warehouses Regulations;

SOR/2015-82 — Regulations Amending the Imported Goods Records Regulations;

SOR/2015-108 — Regulations Amending the Protection of Residential Mortgage or Hypothecary Insurance Regulations;

SOR/2015-130 — Canadian Payments Association Reporting Requirements Regulations;

SOR/2015-170 — Regulations Amending the Income Tax Regulations;

SOR/2015-201 — Proclamation Amending the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation;

SOR/2015-210 — Regulations Amending the Food and Drug Regulations (Part J — Salvia Divinorum);

SOR/2015-237 — Order Repealing the Canada Turkey Marketing Levies Order;

SOR/2015-238 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2015-242 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2015-244 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2015-246 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2015-247 — Regulations Amending the Pacific Pilotage Tariff Regulations; and

SOR/2015-248 — Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations, 2007.

At 10:16 a.m., the committee adjourned to the call of the chair.

ATTEST:

Adam Thompson

Joint Clerk of the Committee (Senate)