Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 37 - Minutes of Proceedings - May 24, 2018

OTTAWA, Thursday, May 24, 2018
(38)

[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: The Honourable Senators Stewart Olsen and Woo (2).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Benzen, Nicola Di Iorio, Kerry Diotte, Ali Ehsassi, Fayçal El-Khoury, John Oliver, Francis Scarpaleggia and Bev Shipley (10).

Other members present: Rob McKinnon and Brigitte Sansoucy (2).

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

Also present: 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.

WITNESSES:

Innovation, Science and Economic Development Canada:

Agnès Lajoie, Director General and Assistant Commissioner of Patents, Canadian Intellectual Property Office;

Rachel Mainville-Dale, Manager - Patent Policy, Canadian Intellectual Property Office;

Mark Schaan, Director General, Strategy and Innovation Policy Sector, Marketplace Framework Policy Branch;

Leila Wright, Associate Deputy Commissioner, Competition Bureau Canada.

In the matter of C.R.C., c. 1551 — Textile Labelling and Advertising Regulations, Ms. Wright and Mr. Schaan made statements and answered questions.

In the matter of SOR/96-423 — Patent Rules and SOR/2003-208 — Rules Amending the Patent Rules, Ms. Lajoie and Ms. Mainville-Dale made a statement and answered questions.

At 9:26 a.m., the committee suspended.

At 9:28 a.m., the committee resumed.

In the matter of C.R.C., c. 1551 — Textile Labelling and Advertising Regulations, Mr. Badaway moved that the disallowance be put in abeyance, subject to the outlined timelines being met.

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

In the matter of SOR/96-423 — Patent Rules and SOR/2003-208 — Rules Amending the Patent Rules, Mr. Badaway moved that the disallowance be put in abeyance, subject to the outlined timelines being met.

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

Furthermore, it was agreed that legal counsel for the committee review the file at a later date and inform the committee of the action taken.

In the matter of marginal notes (SF-2016-3), it was agreed that the joint chairs invite the Minister of Justice to appear before the committee.

In the matter of SOR/92-620 — Corrections and Conditional Release Regulations and SOR/96-108 — Corrections and Conditional Release Regulations, amendment, it was agreed that the joint chairs correspond with the Minister of Public Safety and Emergency Preparedness with respect to certain comments made by the committee.

In the matter of SOR/97-109 — PCB Waste Export Regulations, 1996, SOR/2002-301 — Interprovincial Movement of Hazardous Waste Regulations, SOR/2009-162 — Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations, SOR/2010-138 — Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act and SOR/2011-261 — Regulations Amending the Off-Road Compression-Ignition Engine Emission Regulations, it was agreed that legal counsel for the committee review the file at a later date and inform the committee of the action taken.

In the matter of SOR/91-365 — Pari-Mutuel Betting Supervision Regulations, it was agreed that the file be closed.

In the matter of SOR/2006-102 — Traffic on the Land Side of Airports Regulations, it was agreed that the joint chairs invite the Minister of Transport to appear before the committee.

In the matter of SOR/2013-49 — Regulations Amending the Onshore Pipeline Regulations, 1999, it was agreed that legal counsel for the committee review the file at a later date and inform the committee of the action taken.

In the matter of SI/2017-58 — Order Fixing the Day on which this Order is registered as the Day on which Certain Provisions of the Act Come into Force, SI/2017-59 — Order Fixing the Day on which this Order is published as the Day on which Certain Sections of the Act Come into Force and SI/2018-9 — Order Fixing the Day on which this Order is registered as the Day on which Certain Provisions of the Act Come into Force, it was agreed that the files be closed.

In the matter of SOR/93-195 — Quebec Maple Syrup Producers' Levy (Interprovincial and Export Trade) Order, it was agreed that legal counsel for the committee review the file at a later date and inform the committee of the action taken.

In the matter of SOR/2015-162 — Tariff Amending the Federal Elections Fees Tariff, it was agreed that legal counsel for the committee review the file at a later date and inform the committee of the action taken.

The committee considered the following statutory instruments without comment:

SI/2009-95 — Certain Fees Relating to Export Certificates Remission Order;

SI/2011-77 — Certain Fees Relating to Export Certificates Remission Order;

SI/2017-42 — Order Referring Back to the CRTC Decisions CRTC 2017-143 to 2017-151 to Renew the Broadcasting Licences;

SI/2017-44 — Order Terminating the Assignment of the Honourable Carla Qualtrough, Assigning the Honourable Kent Hehr to Assist the Minister of Canadian Heritage and the Minister of Employment and Social Development and Assigning the Honourable Jane Philpott to Assist the Minister of Indian Affairs and Northern Development;

SI/2017-47 — Order Fixing September 21, 2017 as the Day on which the Act Comes into Force, other than Certain Provisions;

SI/2017-48 — Proclamation Designating "Fire Prevention Week;''

SI/2017-49 — Proclamation giving notice of the entry into force on October 1, 2017 of the Agreement on Social Security between the Government of Canada and the Government of the Italian Republic;

SI/2017-50 — Proclamation giving notice of the entry into force on October 1, 2017 of the Protocol to the Agreement on Social Security between the Government of Canada and the Government of the Italian Republic;

SI/2017-51 — Proclamation Designating "Firefighters' National Memorial Day;''

SI/2017-52 — Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2017-198;

SI/2017-53 — Order Fixing the Day on which this Order is made as the Day on which Certain Sections of the Act Come into Force;

SI/2017-54 — Order Repealing the Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order;

SI/2017-55 — 2017 Toronto Invictus Games Remission Order;

SOR/80-44 — Race Track Supervision Regulations, amendment;

SOR/95-242 — Fishery (General) Regulations, amendment;

SOR/2016-234 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2016-286 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2016-319 — Order Repealing Certain Regulations made Under the Railway Safety Act;

SOR/2016-323 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2016-324 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2016-325 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986; and

SOR/2016-327 — Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999.

At 10:23 a.m., the committee adjourned to the call of the chair.

ATTEST:

François Michaud
Joint Clerk of the Committee (Senate)