REGS Committee Meeting

MINUTES OF PROCEEDINGS

OTTAWA, Thursday, December 12, 2002
(2)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:34 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 Michel Biron, Céline Hervieux-Payette, P.C., Elizabeth Hubley, Pierre Claude Nolin, and Gerard A. Phalen (5).

Representing the House of Commons: John Cummins, Gurmant Grewal, Derek Lee, Paul Macklin, John Maloney, Tom Wappel, and Ted White (7).

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

Also present: 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.

It was agreed that the committee print as part of its record the revised transcript of the meeting of a working group of members held on the morning of Thursday, December 5, 2002 in Room 356-S, Centre Block, and that the business conducted and the decisions taken at that time be deemed the business and decisions of the committee.

Accordingly, the business conducted and the decisions deemed to be business and decisions of the committee were as follows:

On SOR/88-560 — Cribs and Cradles 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/93-602 — North American Free Trade Agreement Procurement Inquiry 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/94-439 — National Parks Camping Regulations, amendment and SOR/94-512 — National Parks General Regulations, amendment, it was agreed that a draft report to both Houses be prepared respecting certain comments made by the committee.

On SOR/96-474 — Arctic Shipping Pollution Prevention Regulations, amendment, it was agreed that the file be closed.

On SOR/92-585 — Department of Agriculture Omnibus Amendment Order, 1992, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of action taken.

On SOR/93-492 — Maximum Amounts for Destroyed Animals Regulations, 1992, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of action taken.

On SOR/97-542 — Regulations Amending the Canadian Aviation Regulations (Part I), 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/93-3 — Oil Pollution Prevention Regulations, it was agreed that the Joint Chairs correspond with the Minister of Transport with respect to certain comments made by the committee.

On SOR/95-74 — Marine Occupational Safety and Health Regulations, amendment, it was agreed that the Joint Chairs correspond with the Minister of Human Resources Development with respect to certain comments made by the committee.

On SOR/84-432 — Licensing and Arbitration Regulations and SOR/96-363 —Licensing and Arbitration Regulations, amendment, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of action taken.

On SOR/96-67 — Veterans Review and Appeal Board Regulations, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of action taken.

The Committee considered SOR/99-236 — Sulphur in Gasoline Regulations.

On SOR/2001-326 — Regulations Amending the Veterans Health Care Regulations and SOR/2001-157 — Regulations Amending the Veterans Health Care Regulations, it was agreed that the files be closed.

On SOR/98-233 — Regulations Amending the NAV Canada Divestiture Regulations and SOR/98-234 — Regulations Amending the Administration of Labour Market Development Services Divestiture Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Treasury Board Secretariat with respect to certain comments made by the committee.

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 correspond with the Designated Instruments Officer of the Treasury Board Secretariat with respect to certain comments made by the committee.

The committee considered SOR/96-412 — AECB Cost Recovery Fees Regulations, 1996; SOR/97-115 — Regulations Amending the Government Contracts Regulations; SOR/2001-210 — Regulations Amending the Health of Animals Regulations; SOR/95-473 — Health of Animals Regulations, amendment; SOR/95-335 — Thunder Bay Harbour Commission Operations By-law; SOR/2001-529 — Regulations Amending the Pest Control Products Regulations; SOR/2002-81 — Regulations Amending the Atlantic Pilotage Tariff Regulations — Newfoundland and Labrador Non-Compulsory Areas (Miscellaneous Program); SOR/2002-82 — Regulations Amending the Great Lakes Pilotage Tariff Regulations (Miscellaneous Program); and SOR/2002-220 — Regulations Amending the Hull Construction Regulations.

The committee considered the following statutory instruments without comment:

SI/2000-10 — United Nations Preventive Deployment Force (Macedonia) Medal Order;

SI/2000-11 — United Nations Mission in Bosnia-Herzegovina Medal Order;

SI/2000-12 — United Nations Mission of Observers in Prevlaka (Croatia) Medal Order;

SI/2000-13 — United Nations Mission in Kosovo Medal Order;

SI/2000-14 — North Atlantic Treaty Organization (NATO) Medal with “Kosovo” (KFOR) Bar Order;

SI/2000-39 — Nisga’a Final Agreement Indian Remission Order;

SI/2000-64 — Exclusion Order Concerning the Nomination of Women to the Correctional Service of Canada;

SI/2000-80 — Right of Landing Fee Remission Order;

SOR/96-163 — Pay Television Regulations, 1990, amendment;

SOR/2000-25 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/2000-68 — Regulations Amending the Agriculture and Fishing Property (GST) Regulations;

SOR/2000-105 — Regulations Amending Certain Regulations Made under Section 209 of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program);

SOR/2000-107 — Persistence and Bioaccumulation Regulations;

SOR/2000-112 — Designated Provisions Regulations;

SOR/2000-165 — Order Amending the Domestic Substances List and the Non-domestic Substances List;

SOR/2000-179 — Regulations Amending the Credit Note Information Regulations;

SOR/2000-189 — Order Amending the Migratory Birds Convention Act, 1994;

SOR/2000-216 — Regulations Amending the Pleasure Craft Sewage Pollution Prevention Regulations;

SOR/2000-227 — Regulations Amending the Federal Elections Fees Tariff;

SOR/2000-228 — New Brunswick Primary Forest Products Order;

SOR/2000-234 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2000-235 — Regulations Amending the Radio Regulations, 1986;

SOR/2000-237 — Regulations Amending the Television Broadcasting Regulations, 1987;

SOR/2000-239 — Regulations Amending the Radio Regulations, 1986;

SOR/2000-255 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2000-No.2, Lhutsaw Wetland Habitat Protection Area, Y.T.);

SOR/2000-267 — Regulations Amending the Ford New Holland, Inc. Loan Regulations;

SOR/2000-320 — Technical Amendments Order (Customs Tariff) 2000-2;

SOR/2000-324 — Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service;

SOR/2000-331 — Regulations Amending the Migratory Birds Regulations;

SOR/2000-335 — Regulations Amending the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations;

SOR/2000-347 — Regulations Amending the Migratory Bird Regulations;

SOR/2000-355 — Regulations Amending the Employment Insurance Regulations;

SOR/2000-356 — Regulations Amending the Broadcasting Distribution Regulations;

SOR/2000-357 — Rules Amending the CRTC Rules of Procedure;

SOR/2000-359 — Regulations Amending the United Nations Sierra Leone Regulations;

SOR/2000-361 — Rules Amending the National Energy Board Rules of Practice  and Procedure, 1995;

SOR/2000-375 — Canada Post Corporation Withdrawal Regulations;

SOR/2000-390 — Guidelines Amending the Federal Child Support Guidelines (Miscellaneous Program);

SOR/2000-395 — Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations;

SOR/2000-402 — Regulations Amending the Motor Vehicle Safety Regulations (Roof Intrusion Protection);

SOR/2000-415 — Regulations Amending the Meat Inspection Regulations, 1990; and

SOR/2000-418 — Order Prescribing the Fee to be Paid by Foreign Nationals to Participate in an International Youth Exchange Program in Canada.

The committee continued with its agenda.

The committee considered the following draft budget application for the fiscal year ending March 31, 2003:

Mr. Wappel moved that the draft budget application be adopted.

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

The committee considered SOR/2002-225 — Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program).

After debate, Mr. Cummins moved that Counsel to the Committee prepare a draft disallowance report for consideration at the next meeting of the committee.

After debate, the motion was, by agreement, amended to add thereto “…and that the Joint Chairs write to the Minister of Fisheries and Oceans to advise him of the committee’s actions.”

After debate, the question being put on the motion, as amended, it was adopted.

Mr. Cummins moved that the letter dated June 18, 2002 from Fasken, Martineau, DuMoulin addressed to Mr. John Cummins, M.P., be printed as an appendix to the committee’s evidence.

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

On SOR/91-373 — Conference of European Ministers of Justice Privileges and Immunities Order, 1991, it was agreed that the file be closed.

The committee considered C.R.C. c. 954 — Indian Estates Regulations.

After debate, Mr. Wappel moved that Counsel to the Committee prepare a draft disallowance report for consideration at a future meeting of the committee.

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

It was agreed that the Joint Chairs write to the Minister of Indian Affairs and Northern Development to advise him of the committee’s actions.

On SOR/95-223 — Crown Corporation Corporate Plan, Budget and Summaries 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/98-45 — Verification of Origin, Tariff Classification and Value for Duty of Imported Goods Regulations (Non-Free Trade Partners), it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Canada Customs and Revenue Agency with respect to certain comments made by the committee.

The committee considered SOR/98-249 — Order Amending the Import Control List.

On SOR/97-313 — Regulations Amending the Food and Drug Regulations (923), it was agreed that the Joint Chairs correspond with the Minister of Health with respect to certain comments made by the committee.

OnSOR/95-252 — Hazardous Products (Lighters) 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/95-589 — Ontario Fishery Regulations, 1989, 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/99-444 — United Nations Afghanistan Regulations, and SOR/2001-86 — Regulations Amending the United Nations Afghanistan Regulations.

On SOR/2002-17 — Regulations Amending the Boating Restriction 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/95-405 — Response Organizations and Oil Handling Facilities 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.

The committee considered SOR//2001-340 — Regulations Amending the Boating Restrictions Regulations.

On SOR/95-447 — Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations, amendment, it was agreed that the file be closed.

The committee considered SOR/2001-324 — Regulations Amending the Yukon Territory Fishery Regulations; SOR/2002-67 — Regulations Amending the Special Import Measures Regulations; and SOR/2002-129 — Regulations Amending the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations.

The committee considered the following statutory instruments without comment:

SOR/98-346 — Order Amending the Schedule to the Customs Tariff, 1998-2;

SOR/98-372 — Technical Amendments Order (Customs Tariff) 1998-5;

SOR/98-373 — Technical Amendments Order (Customs Tariff) 1998-6;

SOR/98-374 — Technical Amendments Order (Customs Tariff) 1998-7;

SOR/98-381 — Order Modifying the Laws Governing the Nunavut First Elections;

SOR/98-382 — Order No. 3 Amending the Schedule to the Mutual Legal Assistance in Criminal Matters Act;

SOR/98-400 — United Nations Sierra Leone Regulations;

SOR/98-401 — Regulations Amending the United Nations Angola Regulations;

SOR/98-408 — Customs Duties Accelerated Reduction Order, No. 10;

SOR/98-419 — Imports of Certain Textile and Apparel Goods from Chile Customs Duty Remission Order;

SOR/98-345 — Regulations Amending the Prohibition of Certain Toxic Substances Regulations;

SOR/98-460 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996 (Miscellaneous Program);

SOR/98-461 — Manitoba Hog Marketing Administration Levies (Interprovincial and Export Trade) Order, 1998;

SOR/98-507 — Order Amending the Domestic Substances List;

SOR/99-8 — Regulations Amending the Pacific Fishery Regulations, 1993;

SOR/99-118 — By-law Amending the St. John’s Harbour Dues By-law;

SOR/99-153 — Regulations Amending the Atlantic Pilotage Authority Regulations;

SOR/99-154 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/99-155 — Regulations Amending the Atlantic Pilotage Tariff Regulations — Newfoundland and Labrador Non-Compulsory Areas;

SOR/99-156 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;

SOR/99-179 — Regulations Amending the Income Tax Regulations;

SOR/99-203 — Order Amending General Export Permit No. 12 — United States Origin Goods;

SOR/99-238 — General Export Permit No. 39 — Mass Market Cryptographic;

SOR/99-249 — Order Amending the Schedule to the Customs Tariff, 1999-2; and

SOR/99-265 — Regulations Amending the Statutory Instruments Regulations.

At 9:55 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)