Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 52 - Minutes of Proceedings - June 6, 2019

OTTAWA, Thursday, June 6, 2019
(53)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:30 a.m., in room 505, Victoria Building, the joint chairs, the Honourable Joseph A. Day and Harold Albrecht, presiding.

Representing the Senate: The Honourable Senators Day, Duncan and Mégie (3).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Benzen, Pierre-Luc Dusseault, Fayçal El-Khoury, James Maloney, Larry Miller, Ramesh Sangha, Francis Scarpaleggia, Martin Shields, Scott Simms and Geng Tan (12).

In attendance: Christina Holke, Joint Clerk of the Committee (House of Commons); Cynthia Kirkby, Acting Senior Counsel; Shawn Abel, Counsel, Parliamentary Information and Research Service, 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:

Mark Schaan, Director General, Marketplace Framework Policy Branch;

Erin Campbell, Director, Marketplace Framework Policy Branch, Patent Policy Directorate;

Erica Pashley, Senior Policy Analyst, Marketplace Framework Policy Branch, Patent Policy Directorate.

The committee reviewed SOR/2015-169, Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, and SOR/2017-166, Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017.

Mr. Schaan made a statement and, together with Ms. Pashley, answered questions.

Mr. Miller moved:

That, in the matter of SOR/2015-169, Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, committee legal counsel meet with legal counsel from Innovation, Science and Economic Development Canada on this file and report back to the committee.

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

In the matter of SOR/2017-166, Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017, it was agreed that the file be closed.

At 9:13 a.m., the committee suspended.

At 9:14 a.m., the committee resumed.

In the matter of SOR/98-462, Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, it was agreed to report the matter.

In the matter of SOR/2018-139, Order Amending the Qalipu Mi'kmak First Nation Band Order, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Indian Affairs and Northern Development with respect to certain comments made by the committee.

In the matter of SOR/98-465, Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns), it was agreed that the joint chairs of the committee write to the Minister of Justice with respect to certain comments made by the committee.

In the matter of SOR/94-276, Canadian Forces Superannuation Regulations, amendment — and SOR/2002-421, Canadian Forces Employment Equity Regulations, it was agreed that the joint chairs write to the Minister of National Defence with respect to certain comments made by the committee.

The committee considered the following statutory instruments without comment: SI/2018-41, Order Amending the Oak Ridges Moraine Land Exchange Income Tax Remission Order; SI/2018-42, Genevieve Cromarty Remission Order; SI/ 2018-48, Order Fixing the Day on which this Order is made as the Day on which section 121 of the Act Comes into Force; SI/2018-49, Order Fixing November 5, 2018 as the Day on which Certain Provisions of the two Acts Come into Force; SI/ 2018-103, Order Designating the Minister of Border Security and Organized Crime Reduction, a member of the Queen's Privy Council for Canada, as the Minister for the purposes of the Cannabis Act; SOR/92-541, Livestock Carcass Grading Regulations; SOR/2011-51, Regulations Implementing the United Nations Resolution on Libya and taking Special Economic Measures; SOR/2011-172, Regulations Amending the Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures; SOR/2011-198, Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures; SOR/2014-250, Regulations Amending the Public Service Staffing Tribunal Regulations; SOR/2016-66, Regulations Amending the Port Authorities Management Regulations and the Port Authorities Operations Regulations; SOR/2016-207, Regulations Amending the Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, 2016; SOR/2016-274, Regulations Amending the Old Age Security Regulations; SOR/2017-46, Order Amending the Schedule to the First Nations Land Management Act; SOR/2017-224, Guidelines Amending the Federal Child Support Guidelines; SOR/2018-9, Order Amending the Indian Bands Council Elections Order (Carry the Kettle); SOR/2018-29, Order Amending the Indian Bands Council Elections Order (Eel Ground); SOR/2018-30, Order Amending the Schedule to the First Nations Elections Act (Eel Ground); SOR/2018-73, Order Amending the Indian Bands Council Elections Order (Lake St. Martin); SOR/2018-74, Order Amending the Schedule to the First Nations Elections Act (Lake St. Martin); SOR/2018-104, Order Amending the Indian Bands Council Elections Order (Fort Alexander); SOR/2018-105, Order Amending the Indian Bands Council Elections Order (Potlotek); SOR/2018-106, Order Amending the Schedule to the First Nations Elections Act (Potlotek); SOR/2018-160, Regulations Amending the Income Tax Regulations (Federal Crown Corporations); SOR/2018-163, Order 2018-87-05-01 Amending the Domestic Substances List; SOR/2018-164, Order 2018- 112-05-01 Amending the Domestic Substances List; SOR/2018-165, Order 2018-66-05-01 Amending the Domestic Substances List; SOR/2018-167, Proclamation Declaring that the Government Corporations Operation Act is Applicable to Project Deliver I Ltd.; SOR/2018-168, Proclamation Declaring that the Government Corporations Operation Act is Applicable to Project Deliver II Ltd.; SOR/2018-270, Order 2018-87-07-01 Amending the Domestic Substances List; SOR/ 2018-271, Order 2018-112-07-01 Amending the Domestic Substances List; SOR/2018-282 — Issuance of a Commemorative $1 Circulation Coin Commemorating the 50th Anniversary of Parliament Passing a Series of Amendments to the Criminal Code of Canada (Decriminalization of Homosexuality);SOR/2018-283 — Issuance of Two $2 Commemorative Circulation Coins Honouring the 75th Anniversary of D-Day (6 June 1944); SOR/2019-13 — Order; 2018-87-08-01 Amending the Domestic Substances List; SOR/2019-45 — Regulations Amending the Regulations Establishing a List of Entities; SOR/ 2019-68 — Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations; SOR/2019-69 — Order Extending the Application of the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations; SOR/2019- 73 — Order Amending the Schedule to the First Nations Fiscal Management Act; SOR/2019-85 — Order Amending the Schedule to the First Nations Fiscal Management Act; SOR/2019-102 — Order Amending Schedule 1 to the First Nations Goods And Services Tax Act (Maanulth First Nations); and SOR/2019-112 — Order Amending the Schedule to the First Nations Fiscal Management Act

At 9:42 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

François Michaud
Joint Clerk of the Committee (Senate)