Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 12 - Minutes of Proceedings, November 6, 2003

OTTAWA, Thursday, November 6, 2003
(14)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:35 a.m., this day, in room 256-S, Centre Block, the Joint Chairs, the Honourable Céline Hervieux-Payette, P.C. and Mr. Gurmant Grewal, M.P., presiding.

Members of the committee present:

Representing the Senate: The Honourable Senators Mac Harb, Céline Hervieux-Payette, P.C., James F. Kelleher, P.C., Wilfred P. Moore, and Pierre Claude Nolin (5).

Representing the House of Commons: John Cummins, Gurmant Grewal, Derek Lee, Paul Macklin, Lynn Myers, and Tom Wappel (6).

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

Also present: The official reporters of the Senate.

The committee proceeded to consider 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.

The committee considered a draft report on SOR/94-439 — National Parks Camping Regulations, amendment and SOR/94-512 — National Parks General Regulations, amendment.

It was agreed that the report be adopted with agreed to modifications.

On SOR/91-687 — Processed Products 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.

The committee considered SOR/95-233 — Saskatchewan Fishery Regulations, 1995.

On SOR/95-548 — Miscellaneous Amendments Regulations (Department of Agriculture and Agri-Food) 1995-2, 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/99-144 — St. Lawrence Seaway Authority Divestiture Regulations; SOR/98-230 — Portions of the Department of National Defence Divestiture Regulations; SOR/98-231 — Portions of the Department of Public Works and Government Services Divestiture Regulations; SOR/98-232 — Regulations Amending the Airport Transfer Regulations; SOR/99-3 — Portions of the Department of Citizenship and Immigration Divestiture Regulations; SOR/ 99-247 — Portions of the Royal Canadian Mounted Police Divestiture Regulations; SOR/2000-1 — Certain Canada Port Authorities Divestiture Regulations; and SOR/2000-60 — Portions of the Canada Ports Corporation Divestiture Regulations, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of the action taken.

On C.R.C. c. 568 — Denatured Alcohol Regulations, 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/95-191 — Nova Scotia Offshore Petroleum Installations Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Natural Resources with respect to certain comments made by the committee.

On SOR/96-114 — Canada Oil and Gas Certificate of Fitness Regulations; SOR/96-117 — Canada Oil and Gas Geophysical Operations Regulations; and SOR/96-118 — Canada Oil and Gas Installations Regulations, 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/98-2 — Regulations Amending the Fish Inspection Regulations, it was agreed that Counsel to the Committee review their status at a later date and inform the Committee of the action taken; and on SOR/99-169 — Regulations Amending the Fish Inspection Regulations, 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/2000-55 — Port Authorities Operations Regulations; and SOR/2002-179 — Regulations Amending the Port Authorities Operations Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Transport with respect to certain comments made by the committee.

On SOR/2002-121 — Regulations Amending the Public Ports and Public Port Facilities Regulations, 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/2002-200 — Regulations Amending the Food and Drug Regulations (1182 — Corrective Amendments, Miscellaneous Program), 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.

On SOR/99-105 — Regulations Amending the Ontario Fishery Regulations, 1989, it was agreed that the file be closed.

On SOR/2003-228 — Regulations Amending the Boating Restriction Regulations, it was agreed that the file be closed.

On SOR/2002-17 — Regulations Amending the Boating Restriction Regulations, it was agreed that the file be closed.

The committee considered SOR/99-13 — Exemption List Regulations; SOR/2000-120 — Regulations Amending the Food and Drug Regulations (1068 — Establishment Licences and Good Manufacturing Practices); SOR/2000-319 — Regulations Amending the Atlantic Pilotage Authority Regulations; SOR/2000-412 — Regulations Amending the Old Age Security Regulations; SOR/2001-207 — Railway Company Pay Out of Excess Revenue for the Movement of Grain Regulations; SOR/2001-230 — Regulations Amending the Canada Student Financial Assistance Regulations; and SOR/2003-108 — Regulations Amending the Ontario Fishery Regulations, 1989; SOR/2002-345 — Regulations Amending the Canadian Aviation Regulation (Parts I and VI); SOR/2002-425 — Regulations Amending the Oil Pollution Prevention Regulations; SOR/2003-134 — Regulations Amending the Narcotic Control Regulations; SOR/ 2003-135 — Regulations Amending the Food and Drug Regulations; SOR/2003-137 — Regulations Amending Certain Department of Fisheries and Oceans Regulations (Miscellaneous Program); SOR/2003-161 — Regulations Amending the Children's Special Allowance Regulations; and SOR/2003-239 — Order Repealing the Manufactured Tobacco Imported for Further Manufacture Remission Order.

The committee considered the following statutory instruments without comment:

SI/98-100 — Order Respecting the Withdrawal from disposal of Certain Lands in the Yukon Territory (Tr'ondëk Hwëch'in First Nation, Y.T.);

SI/98-109 — Order Fixing June 30, 2000 as the Date of the Coming into Force of Certain Sections of the Act shall apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan;

SI/98-114 — Order Designating the Minister of Labour as Appropriate Minister with Respect to the Canadian Centre for Occupational Health and Safety for Purposes of the Act;

SI/98-115 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/98-116 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/98-121— Certain Taxpayers Remission Order, 1998-2;

SI/98-123— Certain Persons and Positions in the Canadian International Development Agency Exclusion Approval Order;

SI/99-35— Order Fixing March 29, 1999, at 11:30 p.m. as the Date and the Hour of the Coming into Force of Part 2 and Schedule 2 of the Act;

SI/99-36— Proclamation Designating the ``Fire Prevention Week'';

SI/99-37— Order fixing April 19, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-38— Andrés Wines Ltd. Remission Order;

SI/99-39— Order Fixing May 1, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-46— Order Fixing May 1, 1999 as the Date of the Coming into Force of Certain Sections of the Act;

SI/99-48 — Order Amending the Non-Canadian Ships Safety Order (Miscellaneous Program);

SI/99-49 — Proclamation giving notice that the Agreement on Social Security between the Government of Canada and the Government of the Republic of Croatia is in Force as of May 1, 1999;

SOR/99-176 — Automobile Operating Expense Benefit (GST) Regulations;

SOR/99-177 — Fiscal Equalization Payments Regulations, 1999;

SOR/99-181— Order Amending Schedule I to the Federal-Provincial Fiscal Arrangements Act;

SOR/99-183 — Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Designs of Four Fifty Cent Precious Metal Coins;

SOR/99-184 — Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Designs of a Three Hundred and One Hundred Fifty, a Seventy-Five and a Thirty Dollar Precious Metal Coins;

SOR/99-186 — Proclamation Amending the Canadian Egg Marketing Agency Proclamation;

SOR/99-187— Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/99-188 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/99-196 — Pari-Mutuel Betting Supervision Regulations, amendment;

SOR/99-197 — Order Amending the Domestic Substances List;

SOR/99-234 — Regulations Designating Certain Countries for the Purposes of Tariff Item No. 9810.00.00, 1999-1;

SOR/99-235 — Rennie Inc. Remission Order;

SOR/99-239 — Regulations Amending the Income Tax Regulations;

SOR/99-240 — Regulations Amending the Income Tax Regulations;

SOR/99-243 — Regulations Amending the National Energy Board Export and Import Reporting Regulations;

SOR/99-245 — Special Appointment Regulations, No. 1999-4;

SOR/99-246 — Special Appointment Regulations, No. 1999-5;

SOR/99-248 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/99-253 — Ranch-raised Fur Pelts Designation Regulations;

SOR/99-273 — Exchange Rate (Authorized Foreign Banks) Regulations;

SOR/99-274 — Complaint Information (Authorized Foreign Banks) Regulations;

SOR/99-275 — Securities Dealing Restrictions (Authorized Foreign Banks) Regulations;

SOR/99-282 — Regulations Amending the Food and Drug Regulations (1124 — Imidacloprid);

SOR/99-283 — Regulations Amending the Food and Drug Regulations (1125 — Glyphosate);

SOR/99-284 — Regulations Amending the Food and Drug Regulations (1126 — Prosulfuron);

SOR/99-285— Regulations Amending the Food and Drug Regulations (1127 — Cyprodinil);

SOR/99-286 — Regulations Amending the Food and Drug Regulations (1129 — Bromopropylate);

SOR/99-287 — Regulations Amending the Food and Drug Regulations (1130 — Clethodim);

SOR/99-288 — Regulations Amending the Food and Drug Regulations (1131 — Diquat);

SOR/99-289 — Regulations Amending the Food and Drug Regulations (1164 — Tertiary Butyl Hydroquinone);

SOR/99- 293 — Regulations Amending the Contraventions Regulations;

SOR/99-297 — Regulations Amending the National Parks Garbage Regulations;

SOR/99-298 — Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No.1, 1999); and

SOR/99-299 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (1999, No. 2, White River First Nation, Y.T.).

At 9:32 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)