Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 9 - Minutes of Proceedings - May 5, 2005

OTTAWA, Thursday May 5, 2005
(10)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:32 a.m. in room 160-S of the Centre Block, the Joint Chairs, the Honourable Senator John G. Bryden and Mr. Gurmant Grewal, presiding.

Representing the Senate: The Honourable Senators Bryden, Hervieux-Payette, P.C., and Moore (3).

Representing the House of Commons: Rob Anders, Robert Bouchard, Gurmant Grewal, Monique Guay, Art Hanger, Randy Kamp, Derek Lee, Paul Macklin, P.C., Lynn Myers, Tom Wappel and Judy Wasylycia-Leis (11).

Also present: Jean-François Lafleur, Joint Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: François R. Bernier, General Counsel and Jacques Rousseau, Counsel.

In attendance: Official Senate reporters.

The committee continued its consideration of 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:

Natural Resources Canada:

Graham Flack, Associate Deputy Minister, Energy Policy Sector;

Philip Jennings, Director General, Petroleum Resources Branch.

On SOR/88-230 — Frontier Lands Registration Regulations; SOR/88-263 — Newfoundland Offshore Area Registration Regulations;

Mr. Flack made a presentation and, together with Mr. Jennings, answered questions.

On SOR/89-93 — Ontario Fishery Regulations, 1989;

It was moved by Mr. Wappel:

That the committee adopt its second report (Report No. 75 — Disallowance).

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

On SOR/95-105 — On Board Trains Occupational Safety and Health 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 SI/2003-2 — Controlled Access Zone Order (Halifax, Esquimalt and Nanoose Harbours);

It was moved by Mr. Hanger:

That the committee retain the services of Mr. Roderick Macdonald and/or Mr. Stephen Scott, two McGill University students, for the purposes of seeking their opinion on this matter.

A debate ensued, following which the question being put on the motion, it was resolved in the affirmative.

On SOR/92-446 — Transportation Safety Board Regulations; it was agreed, — That Counsel to the committee correspond with the Designated Instruments Officer of the Transportation Safety Board of Canada with respect to certain comments made by the committee.

On SOR/92-26 — Frontier Lands Petroleum Royalty Regulations; it was agreed, — That the Joint Chairs correspond with the Minister of Natural Resources Canada with respect to certain comments made by the committee.

On SOR/2000-273 — Tobacco Reporting Regulations; it was agreed, — That the Joint Chairs correspond with the Minister of Natural Resources Canada with respect to certain comments made by the committee.

The Committee considered the following statutory instruments presented without comment:

SI/2003-143 — Order Amending the Judges Act (Removal Allowance) Order;

SI/2003-149 — Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (The Nunavik Marine Region, Nunavut);

SI/2003-175 — Order Designating the Minister of Transport as the Minister Responsible for Matters Relating to Activities of the Federal Government with Respect to the Toronto Waterfront Revitalization Initiative;

SI/2003-182 — Order Fixing June 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-203 — Order Transferring Certain Portions of the Department of Human Resources Development to the Department of Human Resources and Skills Development;

SI/2004-6 — Order Transferring from the Treasury Board to the Department of Public Works and Government Services the Control and Supervision of the Government Travel Modernization Office;

SI/2004-7 — Order Transferring from the Department of Transport to Canada Customs and Revenue Agency the Control and Supervision of the Royal Canadian Mint and Canada Post Corporation;

SI/2004-8 — Order Transferring from the Department of Transport to the Department of the Environment the Control and Supervision of the Canada Mortgage and Housing Corporation, Canada Lands Company Limited and Queens Quay West Land Corporation;

SI/2004-13 — Order Designating the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar as a Department and Designating the Prime Minister as Appropriate Minister with Respect to the Commission;

SI/2004-14 — Order Transferring from Communication Canada to the Privy Council Office the Control and Supervision of Certain Portions in Communication Canada;

SI/2004-15 — Order Transferring from the Minister of Public Works and Government Services to the Minister of Canadian Heritage the Powers, Duties and Functions Relating to Canadian Unity Council;

SI/2004-17 — Order Revoking Order in Council P.C. 1996-1067 of July 9, 1996;

SI/2004-18 — Order Repealing the Communication Canada Exclusion Approval Order;

SI/2004-19 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2004-20 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2004-22 — Order Fixing March 31, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-23 — Denise Valois Remission Order;

SI/2004-24 — Order Amending the Schedule to the Quarantine Act;

SI/2004-25 — Rudi Peet and Susan Kun Remission Order;

SI/2004-26 — Certain Individuals Remission Order, 2003;

SI/2004-27 — Order Designating the Commission of Inquiry into the Sponsorship Program and Advertising Activities as a Department and the Prime Minister as Appropriate Minister;

SI/2004-28 — Order Transferring from the Minister of Transport to the Minister of Human Resources and Skills Development the Powers, Duties and Functions Relating to the Contribution Agreement;

SI/2004-29 — Order Designating the Minister of Human Resources and Skills Development to Represent Her Majesty in right of Canada for Purposes of the Act;

SI/2004-30 — Order Designating the Minister of Human Resources and Skills Development as Minister Responsible for Matters Relating to the Activities of the Federal Government with Respect to the Toronto Waterfront Revitalization Initiative;

SI/2004-31 — Order Fixing April 1, 2004 as the Date of Coming into Force of Certain Sections of the Act;

SI/2004-32 — Donald Potter Income Tax Remission Order;

SI/2004-33 — Karen Smedley and George Smedley Remission Order;

SI/2004-34 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Kingdom of the Netherlands will be in force on April 1, 2004;

SI/2004-35 — Order Transferring to the Department of Transport Certain Portions of the Public Service in the Department of Fisheries and Oceans and of the Powers, Duties and Functions of the Minister of Fisheries and Oceans under certain paragraphs of the Canada Shipping Act;

SI/2004-36 — Order Transferring from the Department of the Environment to the Office of Infrastructure of Canada the Responsibility of the Canada Mortgage and Housing Corporation, Canada Lands Company Limited and Queens Quay West Land Corporation;

SI/2004-37 — Order Amending Order in Council P.C. 2003-2082 of December 12, 2003;

SI/2004-38 — Order Authorizing the Appropriate Minister for the Office of Infrastructure of Canada to Enter into Transfer Payment Agreements and Contracts Related to Infrastructure Initiatives in Canada;

SI/2004-39 — Order Fixing March 31, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-40 — Order Designating the Minister of Foreign Affairs as Minister for the Purposes of the Act;

SI/2004-41 — Order Respecting the Remission of Equalization Overpayments Made to Certain Provinces under the Federal-Provincial Fiscal Arrangements Act;

SI/2004-42 — Order Fixing April 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-43 — Order Transferring Certain Portions of the Public Service Commission to the Canada School of Public Service;

SI/2004-44 — Order Transferring Certain Portions of the Public Service Commission to the Public Service Human Resources Management Agency of Canada;

SI/2004-51 — Order Fixing May 11, 2004 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2004-52 — Order Fixing May 17, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-53 — Order Fixing June 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-54 — Proclamation Designating the ``Fire Prevention Week'';

SI/2004-55 — Quebec Gross Revenue Insurance Program Conditional Remission Order;

SI/2004-56 — Order Fixing June 1, 2004 as the Date of the Coming into Force of the Act;

SI/2004-57 — Order Fixing May 21, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-58 — Order Fixing May 21, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-59 — Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act;

SI/2004-60 — Proclamation Dissolving Parliament;

SI/2004-61 — Proclamation Issuing Election Writs;

SI/2004-62 — Proclamation Summoning Parliament to Meet on July 19, 2004;

SI/2004-63 — Proclamation Fixing the Day on Which the Exception Referred to in Subsection 66(1) of the Canadian Human Rights Act Shall Come in Operation with Respect to the Government of the Northwest Territories;

SI/2004-66 — Order Fixing June 28, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-71 — Order Fixing July 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-73 — Exclusion Approval Order for the Appointment of One Employee to a Position of Statistics Canada;

SI/2004-74 — Order Designating the Minister of Transport as Minister for Purposes of Section 22 of that Act;

SI/2004-76 — Proclamation Summoning Parliament to Meet October 4, 2004 (DISPATCH OF BUSINESS);

SI/2004-77 — Order Terminating the Assignments of Certain Ministers of State;

SI/2004-78 — Order Assigning the Honourable Tony Valeri to Assist the Prime Minister;

SI/2004-79 — Order Assigning the Honourable Ethel Blondin-Andrew to Assist the Minister of Indian Affairs and Northern Development;

SI/2004-80 — Order Assigning the Honourable Raymond Chan to Assist the Minister of Canadian Heritage;

SI/2004-81 — Order Assigning the Honourable Claudette Bradshaw to Assist the Minister of Human Resources and Skills Development;

SI/2004-82 — Order Assigning the Honourable Mauril Bélanger to Assist the Prime Minister and the Minister of National Defence;

SI/2004-83 — Order Assigning the Honourable Jacques Saada to Assist the Minister of Industry;

SI/2004-84 — Order Assigning the Honourable John Ferguson Godfrey to Assist the Prime Minister;

SI/2004-85 — Order Assigning the Honourable Tony Ianno to Assist the Minister of Social Development;

SI/2004-86 — Order Transferring from the Privy Council Office to the Department of Indian Affairs and Northern Development the Control and Supervision of the Aboriginal Affairs Secretariat;

SI/2004-87 — Order Authorizing the Minister of Indian Affairs and Northern Development to Act as Federal Interlocutor for Métis and Non-status Indians;

SI/2004-88 — Order Transferring from the President of the Queen's Privy Council for Canada to the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness the Control and Supervision of the Office of Indian Residential Schools Resolution of Canada and Ordering the Deputy Prime Minister to Preside Over the Office;

SI/2004-89 — Order Designating the President of the Treasury Board as Minister for Purposes of the Act;

SI/2004-90 — Order Transferring from the President of the Queen's Privy Council for Canada to the President of the Treasury Board the Control and Supervision of the Public Service Human Resources Management Agency of Canada and Ordering the President of the Treasury Board to Preside Over the Agency;

SI/2004-91 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2004-92 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2004-93 — Order Designating the Minister of Indian Affairs and Northern Development as Appropriate Minister to the Indian Specific Claims Commission;

SI/2004-94 — Order Designating the Deputy Leader of the Government in the House of Commons, Minister Responsible for Official Languages and Minister for Democratic Reform as Minister for Purposes of the Act;

SI/2004-95 — Order Designating the Deputy Leader of the Government in the House of Commons, Minister Responsible for Official Languages and Minister Responsible for Democratic Reform as Minister for Purposes of the Act;

SI/2004-96 — Order Designating the Deputy Leader of the Government in the House of Commons, Minister Responsible for Official Languages and Minister Responsible for Democratic Reform as Minister for Purposes of the Electoral Boundaries Readjustment Suspension Act, 1994;

SI/2004-97 — Order Designating the Deputy Leader of the Government in the House of Commons, Minister Responsible for Official Languages and Minister Responsible for Democratic Reform as Minister for Purposes of the Referendum Act;

SI/2004-98 — Order Designating the Minister of Labour as Appropriate Minister for Purposes of the Act;

SI/2004-99 — Order Designating the Minister of Labour as Minister for Purposes of the Act;

SI/2004-100 — Order Transferring from the Office of Infrastructure of Canada to the Department of Human Resources and Skills Development the Control and Supervision of the Crown Corporations Secretariat Relating to the Canada Mortgage and Housing Corporation;

SI/2004-101 — Order Transferring from the Minister of Industry to the Minister of the Economic Development Agency of Canada for the Regions of Quebec and Minister Responsible for the Francophonie the Control and Supervision of the Agency and Ordering the Minister to Preside Over the Agency;

SI/2004-102 — Order Transferring from the Minister of the Environment to the Minister of State (Infrastructure and Communities) the Control and Supervision of the Office of Infrastructure of Canada and Ordering the Minister to Preside Over the Office;

SI/2004-103 — Order Transferring from the Privy Council Office to the Office of Infrastructure of Canada the Control and Supervision of the Cities Secretariat;

SI/2004-104 — Order Designating the Minister of State (Infrastructure and Communities) as Appropriate Minister for the Queens Quay West Land Corporation for Purposes of the Act;

SI/2004-105 — Order Designating the Minister of State (Infrastructure and Communities) as Appropriate Minister for the Canada Lands Company Limited for Purposes of the Act;

SI/2004-106 — Order Designating the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness as Minister for Purposes of the Act;

SI/2004-107 — Order Designating the Minister of Human Resources and Skills Development as Minister for Purposes of the Act;

SI/2004-108 — Order Designating the Minister of Human Resources and Skills Development as Appropriate Minister to the Canadian Centre for Occupational Health and Safety for Purposes of the Act;

SI/2004-110 —- Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2004-111 — Order Designating the Minister of Human Resources and Skills Development as Appropriate Minister to the Canada Employment Commission for Purposes of the Act;

SI/2004-113 — Order Amending the Canadian Passport Order;

SI/2004-114 — Order Fixing December 1, 2004 as the Date of the Coming into Force of Section 11.1 of the Marine Transportation Security Act;

SI/2004-115 — Order Fixing October 1, 2004 as the Date of the Coming into Force of Part 3 of the Act;

SI/2004-116 — Exclusion Approval Order for the Appointment of One Employee to a Position in the Department of Human Resources and Skills Development;

SI/2004-119 — Order Fixing September 15, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-123 — Order Transferring from the Department of Health to the Public Health Agency of Canada the Control and Supervision of the Population and Public Health Branch and Ordering the Minister of Health to Preside Over the Agency;

SI/2004-124 — Order Designating the Public Health Agency of Canada as a Department and the Chief Public Health Officer of Canada as Deputy Head;

SI/2004-125 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2004-126 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2004-127 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2004-128 — Direction Amending the Direction Applying the Auditor General Act Sustainable Development Strategy Requirements to Certain Departments;

SI/2004-129 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2004-130 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2004-131 — Order Fixing October 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-133 — Northern Pipeline Agency Cost Recovery Charge Remission Order, 2004;

SI/2004-136 — Order Transferring to the Canada Border Services Agency the Control and Supervision of Certain Portions in the Department of Citizenship and Immigration.

At 9:35 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)