Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 36 - Minutes of Proceedings - May 10, 2018

OTTAWA, Thursday, May 10, 2018
(37)

[Translation]

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 chairs, the Honourable Joseph A. Day, and Mr. Harold Albrecht, presiding.

Representing the Senate: Honourable Senators Day, Pratte and Stewart Olsen (3).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Benzen, Nicola Di Iorio, Kerry Diotte, Pierre-Luc Dusseault, John Oliver, Jati Sidhu and Bev Shipley (9).

In attendance: Christine Holke, Joint Clerk of the Committee (House of Commons), Evelyne Borkowski-Parent, General Counsel, and Penny Becklumb, Counsel, Parliamentary Information and Research Service, Library of Parliament.

Also present: The official reporters of the Senate.

Mr. Benzen moved:

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

That the committee allow the transcription of the in camera portion of today's meeting and that general counsel retain a copy in her office for consultation by committee members.

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

At 8:31 a.m., the committee suspended.

At 8:32 a.m., the committee resumed in camera.

Pursuant to the order of reference adopted by the Senate on Wednesday, October 25, 2017, the committee began its study on the government response to the second report of the Standing Joint Committee for the Scrutiny of Regulations entitled Accessibility of Documents Incorporated by Reference in Federal Regulations.

It was moved:

That the committee adopt the draft report (Accessibility of Documents Incorporated by Reference in Federal Regulations (SF2015-1)), and that the joint chairs submit the report to both Houses;

That the joint chairs, joint clerks and general counsel be authorized to make any necessary changes to the report (grammar and style), without changing the substance of the report.

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

At 8:36 a.m., the committee suspended.

At 8:37 a.m., the committee resumed in public.

The committee proceeded to consider its permanent order of reference, as set out in section 19 of 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 both Houses of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments.

In the matter of SOR/2010-140 — Regulations Amending Certain Regulations Made Under the Canada National Parks Act (Miscellaneous Program), it was agreed that the joint chairs invite the Minister of Environment and Climate Change to appear before the committee.

In the matter of SOR/2011-217 — Regulations Amending the National Historic Parks General Regulations (Miscellaneous Program), it was agreed that the joint chairs invite the Minister of Environment and Climate Change to appear before the committee.

In the matter of SOR/93-54 — Pacific Fishery Regulations, 1993, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Fisheries and Oceans with respect to certain comments made by the committee.

In the matter of SOR/2011-280 — Regulations Amending the Food and Drug Regulations (1614 — Food Additives), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the committee.

The committee considered SOR/2014-112 — Regulations Amending the Weights and Measures Regulations (Administrative Monetary Penalties) and SOR/2017-17 — Regulations Amending the Weights and Measures Regulations (Miscellaneous Program).

The committee considered SI/2017-15 — Proclamation giving notice of the Convention on Social Security between Canada and the Republic of Peru and the Administrative Agreement between the Government of Canada and the Government of the Republic of Peru for the Implementation of the Convention on Social Security between Canada and the Republic of Peru Come into Force on March 1, 2017.

In the matter of SOR/88-397 — Royal Canadian Mounted Police External Review Committee Security and Confidentiality Regulations, it was agreed that the files be closed.

In the matter of SOR/2017-88 — Regulations Amending the Firearms Marking Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice with respect to certain comments made by the committee.

The committee considered SOR/2006-50 — Canadian Forces Members and Veterans Re-establishment and Compensation Regulations.

In the matter of SOR/2010-173 — Regulations Amending the Newfoundland and Labrador Fishery Regulations, and SOR/2011-194 — Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Fisheries and Oceans with respect to certain comments made by the committee.

In the matter of SOR/2013-181 — Regulations Amending the Corrections and Conditional Release Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Public Safety and Emergency Preparedness with respect to certain comments made by the committee.

In the matter of SOR/2017-21 — Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program), SOR/2017-124 — Regulations Amending the Vessel Operation Restriction Regulations, and SOR/2014-52 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

It was agreed that the following files be closed:

SOR/2015-72 — Regulations Repealing Certain Regulations Made Under the Farm Income Protection Act (Miscellaneous Program);

SOR/2017-84 — Regulations Repealing Certain Regulations Under the Farm Income Protection Act (Miscellaneous Program);

SOR/2017-18 — Regulations Amending Certain Department of Health Regulations (Miscellaneous Program);

SOR/2017-20 — Regulations Amending the Ballast Water Control and Management Regulations;

SOR/2017-49 — Order 2017-87-03-01 Amending the Domestic Substances List;

SOR/2017-157 — Order 2017-66-06-01 Amending the Domestic Substances List;

SOR/2017-75 — Order 2017-87-04-01 Amending the Domestic Substances List;

SOR/2017-163 — Order 2017-87-07-01 Amending the Domestic Substances List;

SOR/2017-234 — Order 2017-66-09-01 Amending the Domestic Substances List; and

SOR/2017-182 — Regulations Amending the Export Permits Regulations.

The committee considered the following statutory instruments without comment:

SOR/2017-6 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2017-27 — Regulations Amending the Employment Insurance Regulations;

SOR/2017-36 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2017-50 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2017-89 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2017-108 — Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations;

SOR/2017-114 — Regulations Amending Certain Department of Finance Regulations (Miscellaneous Program);

SOR/2017-186 — Order Amending the Schedule to the First Nations Fiscal Management Act;

SOR/2017-187 — Order Amending the Indian Bands Council Elections Order (Fort Folly);

SOR/2017-188 — Order Amending the Schedule to the First Nations Elections Act (Fort Folly);

SOR/2017-189 — Order Amending the Indian Bands Council Elections Order (Day Star);

SOR/2017-190 — Order Amending the Schedule to the First Nations Elections Act (Day Star);

SOR/2017-193 — Order Amending the Indian Bands Council Elections Order (Blueberry River);

SOR/2017-197 — Regulations Amending the Metal Mining Effluent Regulations;

SOR/2017-198 — Regulations Amending the Weights and Measures Regulations;

SOR/2017-206 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2017-207 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2017-210 — Order 2017-66-08-01 Amending the Domestic Substances List;

SOR/2017-218 — Regulations Amending the National Parks of Canada Wilderness Area Declaration Regulations; and

SOR/2017-221 — Order Amending the Indian Bands Council Elections Order (Naicatchewenin).

At 9:31 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

François Michaud
Joint Clerk of the Committee (Senate)