Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 12 - Minutes of Proceedings - June 16, 2005

OTTAWA, Thursday, June 16, 2005
(13)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:30 a.m. this day, in room 256-S, Centre Block, the Joint Chairs, the Honourable Senator John G. Bryden and Rob Anders, presiding.

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

Representing the House of Commons: Rob Anders, Robert Bouchard, Gary Goodyear, Monique Guay, Art Hanger, Randy Kamp, Derek Lee, Paul Macklin, P.C., Lynn Myers and Judy Wasylycia-Leis (10).

In attendance: Jean-François Lafleur, Clerk of the Committee (House of Commons); François-R. Bernier, Research Branch, Library of Parliament, General Counsel to the Committee; Peter Bernhardt, Counsel to the Committee.

Also in attendance: The official reporters of the Senate.

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.

Pursuant to a change in committee membership, the joint clerk of the committee representing the House of Commons presides over the election of the joint chair.

Mr. Hanger moved:

That Mr. Rob Anders be elected joint chair of the committee.

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

The elected joint chairs were invited to take the chair.

The committee discussed its second report.

The committee considered SI/2003-186 — Order Fixing January 1, 2004 as the Date of the Coming into Force of Certain Sections of the Act.

The committee considered SOR/2003-180 — Order Issuing the General Export Permit No. 40 — Certain Industrial Chemicals.

The committee considered SOR/2003-332 — Order Amending Part I of Schedule I to the Hazardous Products Act (yo-yo type balls).

The committee considered SOR/2003-209 — Order 2004-66-07-01 Amending the Domestic Substances List.

The committee considered SOR/2004-271 — Regulations Amending the Authorization to Export or Import Firearms Regulations (businesses).

Concerning SOR/2002-301 — Interprovincial Movement of Hazardous Waste Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

Concerning SOR/95-419 — Accounting for Imported Goods and Payment of Duties Regulations, Amendment, it was agreed that Counsel to the Committee review the file at a later date and inform the committee of the action taken.

Concerning the Canadian Food Inspection Agency Fees Notice, as amended to March 30, 2002, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the Canadian Food Inspection Agency with respect to certain comments made by the committee.

Concerning SOR/89-106 — Ship Fumigation Regulations, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

Concerning SOR/96-476 — Airport Traffic Regulations, amendment, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

Concerning SOR/2003-75 — Canadian Egg Marketing Levies Order, it was agreed that Counsel to the Committee correspond with the Designated Instruments Officer of the National Farm Products Council with respect to certain comments made by the committee.

The committee considered SOR/2003-92 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990; SOR/2003 -93 — Order Amending the Canada Turkey Marketing Producers Levy Order; SOR/ 2003-94 — Order Amending the Canada Turkey Processors Levy Order.

The committee considered SOR/2004-273 — Regulations Amending the Gun Shows Regulations.

The committee considered SOR/2001-84 — Laurentian Pilotage Tariff Regulations.

The committee considered SOR/94-668 — Canada Labour Standards Regulations, amendment; SOR/99-368 — Regulations Amending the Streamlined Accounting (GST Regulations); SOR/2001-49 — Regulations Amending the Canadian Aviation Regulations (Part IV); SOR/2001-252 — Regulations Amending the Radiation Emitting Devices Regulations (Diagnostic X-Ray Equipment); SOR/2002-18 — Regulations Amending the Competency of Operators of Pleasure Craft Regulations; SOR/2003-212 — Canadian Nuclear Safety Commission Cost Recovery Fees Regulations; SOR/2003-350 — Regulations Amending the Exclusion List Regulations; SOR/2004-84 — Regulations Amending the Food and Drug Regulations (1236 — Transglutaminase); SOR/2004-265 — Regulations Amending the Public Agents Firearms Regulations.

The committee considered SOR/2002-190 — Regulations Amending the Medical Devices Regulations; SOR/2003- 132 — Regulations Repealing the United Nations Eritrea Regulations; SOR/2003-133 — Regulations Repealing the United Nations Ethiopia Regulations; SOR/2004-64 — Regulations Amending the Quebec Fishery Regulations, 1990; SOR/2004-97 — Order Amending the Schedule to the Customs Tariff, 2004-1; SOR/2004-160 — Regulations Amending the United Nations Afghanistan Regulations; SOR/98-215 — Importation and Exportation of Firearms Regulations (Individuals); SOR/2004-270 — Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) and Making Consequential Amendments to Other Regulations; SOR/2004-313 — Regulations Amending the Laurentian Pilotage Tariff Regulations; SOR/2004-317 — Regulations Amending the Controlled Products Regulations; SOR/2005-72 — Regulations Amending the Controlled Drugs and Substances Act (Police Enforcement) Regulations; SOR/2001-299 — Canada Deposit Insurance Corporation Standards of Sound Business and Financial Practices By-law; SOR/2005-114 — By-law Repealing the Canada Deposit Insurance Corporation Standards of Sound Business and Financial Practices By-law.

The committee considered the following statutory instruments without comment.

SOR/95-151 — National Parks General Regulations, amendment;

SOR/96-517 — AECB Cost Recovery Fees Regulations, 1996, amendment;

SOR/98-236 — Regulations Amending the Customs Brokers Licensing Regulations;

SOR/2002-64 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2002-98 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2002-104 — Notice of Branch Closure (Banks) Regulations;

SOR/2002-105 — Notice of Branch Closure (Cooperative Credit Associations) Regulations;

SOR/2002-106 — Notice of Branch Closure (Trust and Loan Companies) Regulations;

SOR/2002-282 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2002-333 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2002-348 — Origin Regulations (Safeguard Measures in Respect of the People's Republic of China);

SOR/2002-396 — CCRFTA Rules of Origin for Casual Goods Regulations;

SOR/2002-397 — CCRFTA Tariff Preference Regulations;

SOR/2002-398 — CCRFTA Non-Entitlement to Preference Regulations;

SOR/2002-411 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2003-17 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2003-44 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 8, Tr'o-ju-wech'in, Heritage Site, Tr'ondëk Hwëch'in First Nation, Y.T.);

SOR/2003-45 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 9, Little Salmon/ Carmarcks First Nation, Y.T.);

SOR/2003-46 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 10, Champagne and Aishihik First Nation, Y.T.);

SOR/2003-47 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 11, Vuntut Gwitchin First Nation, Y.T.);

SOR/2004-84 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 12, Tr'ondëk Hwëch'in First Nation, Y.T.);

SOR/2003-49 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 13, Selkirk First Nation, Y.T.);

SOR/2003-50 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 14, Teslin Tlingit Council, Y.T.);

SOR/2003-53 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2003-70 — Regulations Amending Certain Department of Finance Regulations (Miscellaneous Program);

SOR/2003-74 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 5, Tombstone Territorial Park Reservation, Y.T.);

SOR/2003-81 — Regulations Amending the Canada Oil and Gas Certificate of Fitness Regulations;

SOR/2003-91 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2003-104 — Regulations Amending the Notifiable Transactions Regulations;

SOR/2003-117 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2003, No. 1, Kluane First Nation, Y.T.);

SOR/2003-118 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2003, No. 2, Kwanlin Dun First Nation, Y.T.);

SOR/2003-119 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2003, No. 3, Liard First Nation, Y.T.);

SOR/2003-120 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2003, No. 4, White River First Nation, Y.T.);

SOR/2003-124 — CCRFTA Sugar Aggregate Quantity Limit Remission Order;

SOR/2003-127 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2003-156 — Regulations Amending the Food and Drug Regulations (1118 — L-Cysteine);

SOR/2003-157 — Regulations Amending the Food and Drug Regulations (1326 — Methoxyfenozide);

SOR/2003-158 — Regulations Amending the Food and Drug Regulations (1328 —Fenhexamid);

SOR/2003-159 — Regulations Amending the Food and Drug Regulations (1333 — Thifensulfuron-Methyl);

SOR/2003-160 — Regulations Amending the Food and Drug Regulations (1335 — Nicosulfuron);

SOR/2003-164 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2003-165 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2003-168 — Regulations Amending the Food and Drug Regulations (1214 — Cyhalothrin-lambda);

SOR/2003-169 — Regulations Amending the Food and Drug Regulations (1313 — Thiamethoxam);

SOR/2003-170 — Regulations Amending the Food and Drug Regulations (1331 — Permethrin);

SOR/2003-177 — Order Amending the Special Duty Area Pension Order;

SOR/2003-178 — Order Amending the Schedule to the First Nations Land Management Act;

SOR/2003-185 — Foreign Institutions Subject to the Canadian Residency Requirements Regulation (Insurance Companies);

SOR/2003-186 — Foreign Institutions Subject to the Canadian Residency Requirements Regulation (Trust and Loan Companies);

SOR/2003-190 — Regulations Amending the Food and Drug Regulations (1340 — Imidacloprid);

SOR/2003-192 — Newfoundland and Labrador Offshore Area Line Regulations;

SOR/2003-201 — Regulations Respecting the Information to be Displayed on Alcohol Containers and their Packaging;

SOR/2003-203 — Regulations Respecting the Possession of Tobacco Products That Are Not Stamped;

SOR/2003-205 — Regulations Respecting the Possession of Non-duty-Paid Packaged Alcohol;

SOR/2003-209 — Regulations Amending the Trademarks Regulations (1996);

SOR/2003-210 — Regulations Amending the Industrial Design Regulations;

SOR/2003-215 — Order Extending the Time for the Assessment of the Status of Wildlife Species;

SOR/2003-223 — Order Amending the Area Control List;

SOR/2003-226 — Regulations Amending the Wildlife Area Regulations;

SOR/2003-234 — Order Amending the Schedule 1 to the Public Service Superannuation Act;

SOR/2003-235 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2003-236 — Regulations Amending the Duties Relief Regulations;

SOR/2003-248 — Regulations Amending the Food and Drug Regulations (1286 — Schedule F);

SOR/2003-252 — Special Appointment Regulations, No. 2003-11;

SOR/2003-253 — Special Appointment Regulations, No. 2003-12;

SOR/2003-254 — Special Appointment Regulations, No. 2003-13;

SOR/2003-255 — Special Appointment Regulations, No. 2003-14;

SOR/2003-257 — Regulations Amending and Repealing Certain Instruments Administered and Enforced by the Canadian Food Inspection Agency (Miscellaneous Program);

SOR/2003-258 — Order 2003-66-04-01 Amending the Domestic Substances List;

SOR/2003-259 — Order 2003-87-04-01 Amending the Domestic Substances List;

SOR/2003-268 — Order Amending the Designer Remission Order, 2001;

SOR/2003-275 — Order Amending the Schedule to the Customs Tariff (Extension of General Preferential Tariff to Mongolia);

SOR/2003-280 — Regulations Amending the Inclusion List Regulations;

SOR/2003-282 — Regulations Amending the Comprehensive Study List Regulations;

SOR/2003-287 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2003-291 — Regulations Amending the Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002;

SOR/2003-292 — Regulations Amending the Food and Drug Regulations (1227 — Prohibition of Certain Veterinary Drugs);

SOR/2003-295 — Regulations Amending the Disposal at Sea Regulations (Miscellaneous Program);

SOR/2003-304 — Order 2003-66-06-01 Amending the Domestic Substances List;

SOR/2003-305 — Order 2003-86-06-01 Amending the Domestic Substances List;

SOR/2003-308 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2003-311 — Regulations Amending the United Nations Suppression of Terrorism Regulations.

At 9:45 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)