REGS Committee Meeting

MINUTES OF PROCEEDINGS

MINUTES OF PROCEEDINGS

OTTAWA, Thursday, May 30, 2002

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The Standing Joint Committee for the Scrutiny of Regulations met at 8:33 a.m. this day, in Room 505, Victoria Building, the Joint Chairs, the Honourable Céline Hervieux-Payette, P.C., and Mr. Gurmant Grewal, M.P, presiding.

Representing the Senate:  The Honourable Senators John G. Bryden, Céline Hervieux-Payette, P.C., Mobina S. B. Jaffer, Jean Lapointe, and Wilfred P. Moore (5).

Representing the House of Commons:  Pierre Brien, John Cummins, Rodger Cuzner (for Joe Comuzzi), Wayne Easter (for Tom Wappel), Georges Farrah (for Paul Bonwick), Gurmant Grewal, Derek Lee, Paul Macklin, John Maloney, Lynn Myers, Chuck Strahl (for Scott Reid), and Ted White (12).

In attendance:  Till Heyde, Joint Clerk of the Committee (Senate); Jean-Michel Roy, Joint Clerk of the Committee (House of Commons); and François-R. Bernier and Peter Bernhardt, Counsel to the Committee, Parliamentary Research Branch, Library of Parliament.

Also in attendance:  The official reporters of the Senate.

The Committee considered its permanent Order of Reference, section 19, the Statutory Instruments Act, R.S.C., 1985, c. S-22, which follows:

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:

From the Department of Transport:

Louis Ranger, Deputy Minister;

Guylaine Roy, Director General, Surface Transportation Policy;

Jacques Pigeon, General Counsel, Legal Services.

It was agreed that this meeting be videotaped for broadcast.

Mr. Ranger made a presentation and, with Ms. Roy, answered questions.

The Committee proceeded to consider a draft disallowance report 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.

After debate, Mr. Easter moved that the Committee instruct its legal counsel to take the necessary steps to convert the draft disallowance report to a regular report to Parliament, requesting a government response within 90 days; and that the report be tabled in the Senate and in the House of Commons at the earliest opportunity.

Debate arose thereon.

It was agreed that the Committee meet on June 6, 2002.

The Committee resumed consideration of Mr. Easter’s motion.

After further debate, it was agreed that the motion be amended to add thereto “; and that the Joint Chairs be authorised to finalise the text and table the report in both Houses.”

After debate, the question being put on the motion as amended, it was adopted on the following division:

YEAS – 10

The Honourable Senators:

Bryden, Hervieux-Payette, P.C., Jaffer, Lapointe, and Moore – 5.

Members of the House of Commons:

Georges Farrah, Rodger Cuzner, Paul H. Macklin, John Maloney, and Wayne Easter – 5.

NAYS – 6

Members of the House of Commons:

Pierre Brien, John Cummins, Gurmant Grewal, Derek Lee, Chuck Strahl, and Ted White.

The Committee considered C.R.C. c. 1325 – Public Land Mineral Regulations.

The Committee considered SOR/2000-251 – Regulations Amending the Royal Canadian Mounted Police Regulations, 1988.

On SI/98-1 – Proclamation Declaring the Representation Order to be in Force Effective on the First Dissolution of the Parliament that Occurs after December 16, 1997, it was agreed that the Joint Chairs correspond with the Leader of the Government in the House of Commons with respect to certain comments made by the Committee.

On SOR/82-882 – Proclaiming Certain Indian Bands Exempt from Portions of the Indian Act, it was agreed that the Joint Chairs correspond with the Minister of Indian Affairs and Northern Development with respect to certain comments made by the Committee.

On SOR/92-631 - Vinyl Chloride Release Regulations, 1992, it was agreed that the Joint Chairs correspond with the Minister of the Environment with respect to certain comments made by the Committee.

On Parks Canada Master List of Fees, it was agreed that the Joint Chairs correspond with the Minister of Canadian Heritage with respect to certain comments made by the Committee.

On SOR/98-2 – Regulations Amending the Fish Inspection Regulations and SOR/99-169 – Regulations Amending the Fish Inspection Regulations, it was agreed that the Joint Chairs correspond with the Minister of Agriculture and Agri-Food with respect to certain comments made by the Committee.

On SI/98-81 – Specifications Relating to Non-Automatic Weighing Devices (1998), 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.

The Committee considered SOR/81-401 – National Parks Wildlife Regulations and SOR/81-613 – National Historic Parks Wildlife and Domestic Animals Regulations.

The Committee considered the following statutory instruments without comment:

SOR/97-263 - Regulations Amending the Food   and Drug Regulations (719);

SOR/97-282 - Departmental Alcohol Determination Regulations, 1997;

SOR/97-307 - Regulations Amending the National Parks Cottages Regulations;

SOR/97-355 - Regulations Amending the Atlantic Pilotage Authority Regulations;

SOR/97-375 - Confederation Bridge Area Provincial (P.E.I.) Laws Application Regulations;

SOR/97-393 - Regulations Amending the Boating Restriction Regulations;

SOR/97-394 - Regulations Amending the Protection for the Income of Milk Producers Regulations (1996);

SOR/97-450 - Commission for Environmental Cooperation Privileges and Immunities in Canada Order;

SOR/97-452 - Regulations Amending the Atlantic Pilotage Authority Regulations;

SOR/97-453 - Regulations Amending the Atlantic Tariff Regulations, 1996;

SOR/97-462 - Kulka Distributors Limited Remission Order;

SOR/97-494 - Regulations Amending the Income Tax Regulations;

SOR/97-505 - Regulations Amending the Income Tax Regulations;

SOR/97-511 - Regulations Amending the Radiation Emitting Devices Regulations;

SOR/98-53 - Regulations Amending Certain Regulations Made under the Customs Act (Tariff Simplification – Miscellaneous Program);

SOR/98-71 - Order Amending the Allocation Methods Order – Hatching Eggs, Live Broilers, Eggs and Egg Products;

SOR/98-72 - Order Amending the Allocation Method Order – Chicken and Chicken Products;

SOR/98-74 - Order Amending the Allocation Methods Order – Cheese and Cheese Products, Ice Cream, Yogurt Powdered Buttermilk and Concentrated Milk;

SOR/98-86 - Outerwear Greige Fabrics Remission Order, 1998;

SOR/98-113 - Regulations Amending the Atlantic Pilotage Authority Regulations;

SOR/98-179 - Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations);

SOR/98-180 - Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety);

SOR/98-181 - Ontario Hydro Nuclear Facilities Exclusion from Part III of the Canada Labour Code Regulations (Labour Standards);

SOR/98-182 - Ontario Hydro Nuclear Facilities Exclusion Regulations (Use of Tobacco);

SOR/98-196 - Regulations Amending the Onshore Pipeline Regulations;

SOR/98-198 - Order Amending the Ontario Hog Charges (Interprovincial and Export) Order;

SOR/98-229 - Order Amending the Processed Products Fees Order;

SOR/98-245 - Canada Turkey Marketing Processors Levy Order;

SOR/98-264 - General Export Permit No. 37 –Toxic Chemicals and Precursors to the United States;

SOR/98-265 - General Export Permit No. 38 – CWC Toxic Chemical and Precursor Mixtures;

SOR/98-266 - General Import Permit No. 108 – CWC Toxic Chemicals and Precursors; and

SOR/98-341 - Technical Amendments Order (Customs Tariff) 1998-4.

It was agreed that, in relation to its permanent Order of Reference under the Statutory Instruments Act, the Committee attend the “Red Tape to Smart Tape” Conference scheduled to be held in Toronto on September 25-27, 2002, that it seek the necessary approvals from the Houses, and the necessary staff do accompany the Committee.

The Honourable Senator Moore moved that the Committee adopt the following budget application for participation in the Conference:

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

At 10:46 a.m., it was agreed that the Committee adjourn to the call of the Joint Chairs.

ATTEST:

Till Heyde

Joint Clerk of the Committee (Senate)