Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - March 11, 2004

OTTAWA, Thursday, March 11, 2004
(2)

[English]

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 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., Raymond Lavigne, Wilfred Moore, and Pierre-Claude Nolin (6).

Representing the House of Commons: Roy Bailey (pour Ken Epp), Gurmant Grewal, Paul Macklin, Lynn Myers, Caroline St-Hilaire and Tom Wappel (6).

In attendance: Joann Garbig, Joint Clerk of the Committee (House of Commons), François-R. Bernier, General Counsel to the Committee, 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.

Mr. Grewal moved that either Joint Chair or, in accordance with the direction of the Joint Chairs, either Joint Clerk be authorized to approve payment of expenditures of the committee.

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

On SOR/89 — Ontario Fisheries Regulations, 1989; SOR/2002-225 — Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program); SOR/93-332 — Aboriginal Communal Fishing Licenses Regulations, it was agreed that the Joint Chairs correspond with the Minister of Fisheries and Oceans with respect to certain comments made the committee.

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.

The committee considered SOR/2002-356 — Regulations Amending the Airport Traffic Regulations (Miscellaneous Program).

On SOR/95-25 — Investment Canada Regulations, Amendment, 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/95-74 — Marine Occupational Safety and Health Regulations, amendment, it was agreed that Counsel of the Committee correspond with the Designated Instruments Officer of the Department of Human Resources and Skills Development with respect to certain comments made by the committee.

On SOR/93-515 — Canada Deposit Insurance Corporation Application for Deposit Insurance By-law, it was agreed the Counsel to the committee review their status at a later date and inform the committee of the action taken.

On SOR/96-114 — Canada Oil and Gas Certificate of Fitness Regulations; SOR/96-117 — Canada Oil and Gas Geophysical Operations Regulations; SOR/96-118 — Canada Oil and Gas Installation Regulations, it was agreed the Counsel to the Committee review their status at a later date and inform the committee of the action taken.

On SOR/96-470 — Employment Equity Regulations, it was agreed the Counsel to the committee review their status at a later date and inform the committee of the action taken.

On SOR/97-270 — Marine Transportation Security Regulations (Cruise Ships and Cruise Ship Facilities), it was agreed the Counsel to the Committee review their status at a later date and inform the committee of the action taken.

On SOR/2001-293 — Regulations Amending the Dangerous Goods Shipping Regulations, it was agreed the Counsel to the Committee review their status at a later date and inform the committee of the action taken.

On SOR/98-287 — Regulations Amending the Canada Student Loans Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Department of Human Resources and Skills Development with respect to certain comments made by the committee.

The committee considered SOR/85-686 — Pest Control Products Regulations; SOR/95-189 — Nova Scotia Offshore Area Petroleum Diving Regulations; SOR/2003-40 — Regulations Amending the Small Vessel Regulations; SOR/2001-51 — Regulations Amending the Quebec Fishery Regulations, 1990; SOR/2001-438 — Regulations Amending the Quebec Fishery Regulations, 1990; SOR/2002-117 — By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law; SOR/2002-235 — Regulations Amending the Hazardous Materials Information Review Regulations; SOR/2003-101 — Regulations Amending the Canada Deposit Insurance Corporation Notice Regulations (Compensation in Respect of the Restructuring of Federal Member Institutions); SOR/2003-417 — Regulations Amending the Ontario Fishery Regulation, 1989.

The committee considered the following Statutory Instruments without comment:

SOR/93-458 — Airspace Structure, Classification and Use Regulations;

SOR/98-189 — Regulations Amending the Radio communication Regulations (Miscellaneous Program);

SOR/98-272 — Regulations Amending the Regulatory Capital (Insurance Companies) Regulations;

SOR/99-101 — Port Authorities Management Regulations;

SOR/99-120 — Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/99-281 — Regulations Amending the Service Charges (Office of the Superintendent of Financial Institutions) Regulations;

SOR/2001-35 — Regulations Amending the Motor Vehicle Safety Regulations (Light Vehicle Brake Systems);

SOR/2001-60 — Regulations Amending the Motor Vehicle Safety Regulations (Lighting System, Retroreflective Devices and Alternative Requirements for Headlamps);

SOR/2000-325 — Regulations Amending the Wild Animal and Plant Trade Regulations;

SOR/2001-36 — Regulations Amending the Motor Vehicle Safety Regulations (School Bus Body Joint Strength);

SOR/2001-65 — Deduction for Provincial Rebate (GST/HST) Regulations;

SOR/2001-88 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2000, No. 13, Nisutlin River Delta National Wildlife Area, Y.T.);

SOR/2001-96 — Regulations Amending Schedule III to the Payments in Lieu of Taxes Act;

SOR/2001-98 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2001-99 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2001-137 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2001-148 — Regulations Amending the Old Age Security Regulations;

SOR/2001-151 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2001-159 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2001-164 — Regulations Amending the Income Tax Regulations (Preferred Beneficiary Elections);

SOR/2001-168 — Regulations Amending the Wildlife Area Regulations;

SOR/2001-178 — Regulations Amending the Letter Mail Regulations;

SOR/2001-189 — Regulations Amending the Insurance Business (Authorized Foreign Banks) Regulations;

SOR/2001-190 — Regulations Amending the Insurance Business (Banks) Regulations;

SOR/2001-191 — Regulations Amending the Affiliated Persons (Banks) Regulations;

SOR/2001-192 — Regulations Amending the Affiliated Persons (Insurance Companies) Regulations;

SOR/2001-193 — Regulations Amending the Credit Information (Insurance Companies) Regulations;

SOR/2001-194 — Regulations Amending the Pension Benefits Standards Regulations, 1985;

SOR/2001-195 — Regulations Amending the Insurance Business (Trust and Loan Companies) Regulations;

SOR/2001-196 — Regulations Amending the Affiliated Persons (Trust and Loan Companies) Regulations;

SOR/2001-213 — Regulations Amending the Divestiture of Service Transitional Coverage Regulations;

SOR/2001-217 — Regulations Amending the Medical Devices Regulations (1258 — Subsection 97(3));

SOR/2001-224 — Regulations Amending the Humanitarian Designated Classes Regulations;

SOR/2001-231 — Regulations Amending the Canada Student Loans Regulations;

SOR/2001-233 — Order Amending the Order Declaring an Amnesty Period;

SOR/2001-240 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2001-241 — Order Amending the Off Grades of Grain and Grades of Screenings Order;

SOR/2001-267 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2001-268 — Regulations Amending the Reportable Diseases Regulations;

SOR/2001-279 — Regulations Amending the Federal Book Rebate (GST/HST) Regulations;

SOR/2001-287 — Regulations Amending the Plant Protection Regulations;

SOR/2001-291 — Regulations Amending the Employment Insurance Regulations;

SOR/2001-311 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/2001-314 — Regulations Amending the Wild Animal and Plant Trade Regulations;

SOR/2001-321 — Regulations Amending the Canada Occupational Safety and Health Regulations;

SOR/2001-322 — Regulations Amending the Wildlife Area Regulations;

SOR/2001-323 — Regulations Amending the Migratory Birds Regulations;

SOR/2001-333 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2001-339 — Regulations Amending the Income Tax Regulations (Judges' RRSP Deduction Room);

SOR/2001-353 — Regulations Amending the Motor Vehicle Safety Regulations (Lighting System, Retroreflective Devices and Headlamp Concealment Devices);

SOR/2001-354 — Regulations Amending the Members of Parliament Retiring Allowances Regulations;

SOR/2001-362 — Order Amending the Indian Bands Council Elections Order (Mississauga Band);

SOR/2001-364 — Aggregate Financial Exposure (Insurance Companies) Regulations;

SOR/2001-365 — Aggregate Financial Exposure (Trust and Loan Companies) Regulations;

SOR/2001-367 — Regulations Amending the Commercial Loan (Cooperative Credit Associations) Regulations;

SOR/2001-369 — Regulations Amending the Commercial Loan (Trust and Loan Companies) Regulations;

SOR-2001-370 — Complaint Information (Authorized Foreign Banks) Regulations;

SOR/2001-371 — Complaint Information (Banks) Regulations;

SOR/2001-372 — Complaint Information (Foreign Insurance Companies) Regulations;

SOR/2001-373 — Complaint Information (Canadian Insurance Companies) Regulations;

SOR/2001-374 — Complaint Information (Retail Associations) Regulations;

SOR/2001-375 — Complaint Information (Trust and Loan Companies) Regulations;

SOR/2001-376 — Entity Associated with a Foreign Bank Regulations;

SOR/2001-377 — Equity of a Bank or a Bank Holding Company Regulations;

SOR/2001-384 — Exemption from Restrictions on Investments (Cooperative Credit Associations) Regulations;

SOR/2001-496 — Special Duty Area Pension Order;

SOR/2001-528 — Regulations Amending the Wild Animal and Plant Trade Regulations;

SOR/2002-28 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2002-40 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2002-114 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2002-139 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2002-152 — Regulations Amending the Charts and Nautical Publications Regulations, 1995;

SOR/2002-171 — Regulations Amending the Small Vessel Regulations;

SOR/2002-219 — Regulations Amending the Canada Student Financial Assistance Regulations;

SOR/2002-248 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2002-275 — Regulations Amending the Pollutant Discharge Reporting Regulations, 1995;

SOR/2002-276 — Regulations Amending the Pollutant Substances Regulations;

SOR/2002-285 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2002-325 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-328 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2002-382 — Regulations Amending the Food and Drug Regulations (1198 — Glyphosate and Trimethylsulfonium cation);

SOR/2002-383 — Regulations Amending the Food and Drug Regulations (1250 — Myclobutanil);

SOR/2002-404 — Regulations Amending the Food and Drug Regulations (1197 — Sethoxydim);

SOR/2002-410 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2002-419 — Order Amending the Special Duty Area Pension Order;

SOR/2002-426 — Regulations Amending the Steering Appliances and Equipment Regulations;

SOR/2002-427 — Regulations Amending the Classed Ships Inspection Regulations, 1988;

SOR/2002-428 — Regulations Amending the Marine Machinery Regulations;

SOR/2002-433 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2003-41 — Regulations Amending the Collision Regulations (Manoeuvring and Warning Signals — Canadian Modifications and Blue Flashing Light);

SOR/2003-261 — Marihuana Exemption (Food and Drugs Act) Regulations

At 9:10 a.m., it was agreed that the committee adjourn to the call of the Joint Chairs.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)