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MINUTES OF PROCEEDING

(Meeting No. 2)

 

Thursday, November 6, 1997

 

The Standing Joint Committee for the Scrutiny of Regulations met at 8:37 a.m., this day in Room 256-S, Centre Block, the Joint Chairmen, the Honourable Céline Hervieux-Payette and Mr. Derek Lee, presiding.

 

Members of the committee present: Representing the Senate: Marisa Ferretti Barth, Normand Grimard, Céline Hervieux-Payette, William Kelly, Léonce Mercier and Wilfred Moore. (5)

 

Representing the House of Commons: Bill Casey, Paul DeVillers, Ken Epp, Derek Lee, John Maloney, Richard Marceau, Inky Mark, John McKay, Tom Wappel and Ted White. (10)

 

In attendance: Danielle Bélisle, Joint Clerk of the committee (House of Commons); François-R. Bernier, General Counsel and Jacques Rousseau, Counsel to the committee, Research Branch, Library of Parliament.

 

Also in attendance: The official reporters of the Senate.

 

The committee began its consideration of its permanent order of reference, section 19, The Statutory Instruments Act, R.S.C. 1985, c. S-22, which follows:

 

19 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.

 

Budget of the committee

 

After debate, the Honourable Senator Kelly moved -- That the committee adopt its proposed budget in the amount of $206,500 for the fiscal year ending March 31, 1998.

 

The question being put on the motion, it was resolved in the affirmative.

 

The Honourable Senator Kelly brought the report of the Fraser Institute concerning the Regulatory Impact Analysis Statements to the attention of the committee.

 

It was agreed that the report of the Fraser Institute be circulated to members of the committee and that officials from the Treasury Board be invited before the committee to comment on the report.

 

On C.R.C. c.1325 -- Public Lands Mineral Regulations, It was agreed, -- That the Joint Chairmen correspond with the Minister of Justice with respect to certain comments made by the committee.

 

On Thermal Power Generation Emissions -- National Guidelines for New Stationary Sources; SOR/92-632 -- Schedule II to the Canadian Environmental Protection Act, amendment; SOR/92-635 -- Schedule II to the Canadian Environmental Protection Act, amendment and SOR/92-636 -- List of Hazardous Waste Authorities It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Department of the Environment to invite him to appear before the committee.

 

On SOR/94-459 -- Export and Import of Hazardous Wastes Regulations, amendment and SOR/93-211 -- United Nations Federal Republic of Yugoslavia (Serbia and Montenegro) Regulations, amendment, It was agreed, -- That the file be closed.

 

On SOR/94-787 -- Manufactured Tobacco Imported for Further Manufacture Remission Order, It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Department of National Revenue with respect to certain comments made by the committee.

 

On SOR/95-470 -- ACOA Loan Insurance Regulations, amendment, It was agreed, -- That the file be closed.

 

On SOR/93-332 -- Aboriginal Communal Fishing Licences Regulations, SOR/94-390 -- Aboriginal Communal Fishing Licences Regulations, amendment; SOR/94-531 -- Aboriginal Communal Fishing Licences Regulations, amendment and SOR/95-106 -- Aboriginal Communal Fishing Licences Regulations, amendment, 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.

 

On SOR/92-496 -- Action Loan Regulations, It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Atlantic Canada Opportunities Agency with respect to certain comments made by the committee.

 

On SOR/93-235 -- Department of Consumer and Corporate Affairs Omnibus Amendment Order, 1993-2, It was agreed, -- That the file be closed.

 

On SOR/92-75 -- Fish Inspection Regulations, amendment, It was agreed, -- That Counsel to the committee review their status at a later date and inform the committee of the action taken.

 

On SOR/93-56 -- Marine Mammal Regulations, 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.

 

On SOR/92-580 -- Companies' Creditors Arrangement Rule, It was agreed, -- That Counsel to the committee correspond with the Designated Instruments Officer of the Department of Industry with respect to certain comments made by the committee.

 

On SOR/94-262 -- Food and Drug Regulations, amendment, It was agreed, -- That the file be closed.

 

On SOR/93-611 -- North Pacific Marine Science Organization Privileges and Immunities Order; SOR/94-269 -- Yukon Territory Fishery Regulations, amendment; SOR/94-562 -- North Pacific Anadromous Fish Commission Privileges and Immunities Order; SOR/94-563 -- ICAO Privileges and Immunities Order and SOR/95-25 -- Investment Canada Regulations, amendment, It was agreed, -- That Counsel to the committee review their status at a later date and inform the committee of the action taken.

 

On SOR/96-516 -- Regulations Repealing the Labelling of Specially Denatured Alcohol and Denatured Alcohol Regulations (Miscellaneous Program) and SOR/97-36 -- Regulations Amending the Canada Lands Surveys Examination Regulations, It was agreed, -- That the file be closed.

 

The committee considered the following Statutory Instruments without comment.

 

On SI/95-84 -- Canadian Volunteer Service Medal Order, amendment; SI/96-6 -- Order Fixing January 1, 1996 as the Date of the Coming into Force of Certain Sections of an Act to amend the Customs Act and the Customs Tariff and to Make Related and Consequential Amendments to Other Acts; SI/96-56 -- Order Fixing August 1, 1996 as the Date of the Coming into Force of Certain Section of the Contraventions Act; SI/96-57 -- Order Fixing July 31, 1996 as the Date of the Coming into Force of an Act to Amend the Contraventions Act and to Make Consequential Amendments to Other Acts; SI/96-82 -- Income Tax Paid by Investors, other than Promoters Remission Order; SOR/93-201 -- Radiation Emitting Devices Regulations, amendment; SOR/93-583 -- Distillery Departmental Regulations, amendment; SOR/94-47 -- Fishery (General) Regulations, amendment; SOR/94-48 -- Foreign Vessel Fishing Regulations, amendment; SOR/94-88 -- Members of Panels (NAFTA) Regulations; SOR/94-117 -- Members of Panels (NAFTA) Regulations; SOR/94-129 -- Designation of Penitentiaries Regulations, amendment; SOR/94-177 -- Commissioner's Standing Orders (Practice And Procedure), amendment; SOR/94-225 -- Members of Committees and Special Committees (NAFTA) Regulations; SOR/94-303 -- Seized Property Disposition Regulations; SOR/94-350 -- Surtax on Boneless Beef Order No. 2, 1994, amendment; SOR/94-449 -- Migratory Birds Regulations, amendment; SOR/94-500 -- Canadian Turkey Marketing Quota Regulations, 1990, amendment; SOR/94-527 -- Wildlife Area Regulations, amendment; SOR/94-539 -- Public Service Superannuation Regulations, amendment; SOR/94-557 -- Food and Drug Regulations, amendment; SOR/94-559 -- Cosmetic Regulations, amendment; SOR/94-594 -- Wildlife Area Regulations, amendment; SOR/94-595 -- Air Regulations, amendment; SOR/94-613 - Airport Regulations; SOR/94-614 -- Aerodrome Regulations; SOR/94-618 -- Railway Additional Toll Regulations, repeal; SOR/94-629 -- Surtax on Boneless Beef Order No. 2, 1994, amendment; SOR/94-636 -- Law List Regulations; SOR/94-732 -- Surtax on Boneless Beef Order No. 2, 1994, amendment; SOR/94-767 -- Public Service Superannuation Regulations, amendment; SOR/95-3 -- Canada Turkey Marketing Levies Order, amendment; SOR/95-4 -- Canadian Turkey Marketing Quota Regulations, 1990, amendment; SOR/95-8 -- Assignment of Crown Debt Regulations, amendment; SOR/95-31 -- Authority to Sell Drugs Fees Regulations; SOR/95-54 -- Health of Animals Regulations, amendment; SOR/95-55 -- Pest Control Products Regulations, amendment; SOR/95-123 -- Canada-Nova Scotia Oil and Gas Spills and Debris Liability Regulations; SOR/95-125 -- Air Regulations, amendment; SOR/95-176 -- Customs Bonded Warehouses Regulations, amendment; SOR/95-213 -- Canadian Turkey Marketing Quota Regulations, 1990, amendment; SOR/95-222 -- Coastal Fisheries Protection Regulations, amendment; SOR/95-261 -- Coastal Fisheries Protection Regulations, amendment; SOR/95-296 -- Migratory Birds Regulations, amendment; SOR/95-321 -- Air Regulations, amendment; SOR/95-354 -- Wildlife Area Regulations, amendment; SOR/95-356 -- Coastal Fisheries Protection Regulations, amendment; SOR/95-425 -- Wildlife Area Regulations, amendment; SOR/95-515 -- Canadian Turkey Marketing Quota Regulations, 1990, amendment; SOR/95-516--Canada Turkey Marketing Levies Order, amendment; SOR/95-519 -- General Amending Regulations (Controls on Tobacco Products); SOR/95-572 -- Brewery Departmental Regulations, amendment; SOR/96-11 -- Family Support Orders and Agreements Garnishment Regulations, amendment; SOR/96-14 -- Canadian Broiler Hatching Egg Marketing Levies Order, amendment; SOR/96-37 -- Duty Free Shop Regulations, amendment; SOR/96-38 -- Customs Sufferance Warehouses Regulations, amendment; SOR/96-39 -- Ships' Stores Regulations, repeal; SOR/96-45 -- Customs Bonded Warehouses Regulations, repeal; SOR/96-246 -- Wildlife Area Regulations, amendment; SOR/96-390 -- Coastal Fisheries Protection Regulations, amendment and SOR/96-442 -- Wildlife Area Regulations, amendment, the committee considered the following Statutory Instruments without comment.

 

Subcommittee on Agenda and Procedure

 

After debate, Mr. White moved -- That the Subcommittee on Agenda and Procedure be composed of the two Joint Chairmen, the Vice-Chairman and a representative of the Bloc Québecois, a representative of the New Democratic Party and a representative of the Progressive Conservative Party from the Senate.

 

The question being put on the motion, it was resolved in the affirmative.

 

At 9:37 a.m., the committee adjourned to the call of the Chair.

 

 

 

Tõnu Onu

 

Joint Clerk of the Committee (Senate)