Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 4 - Minutes of Proceedings - February 3, 2005

OTTAWA, Thursday February 3, 2005
(5)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:33 a.m. in Room 256-S of the Centre Block, the Joint Chairmen, the Honourable Senator John G. Bryden and Mr. Gurmant Grewal presiding.

Representing the Senate: The Honourable Senators Bryden and Moore (2).

Representing the House of Commons: Rob Anders, Robert Bouchard, Gurmant Grewal, Monique Guay, Art Hanger, Randy Kamp, Derek Lee, Paul Harold Macklin, P.C., Lynn Myers, Lloyd St. Amand, Tom Wappel and Judy Wasylycia-Leis (12).

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

In attendance: The official reporters of the Senate.

The committee continued to examine its permanent Order of Reference as set out in section 19 of the Statutory Instruments Act, R.S.C. (1985), Chapter S-22, which provides for the following:

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 House of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments.

It was agreed that the committee meet on the following days at the time noted:

On Thursdays at 8:30 a.m. on February 17; March 10 and 24; April 7 and 21; May 5 and 19; and June 2 and 16, 2005.

The committee discussed future business.

Respecting SOR/200-300 — DNA Identification Regulations, it was agreed that the Joint Clerks of the Committee would examine this file at a later date and keep the committee apprised of any action taken.

The committee examined SOR/92-738 — Railway Interswitching Regulations, amendment.

Respecting SOR/97-313 — Regulations Amending the Food and Drug Regulations (923), it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

Respecting SOR/2002-159 — Order 2002-66-02-01 Amending the Domestic Substances List; SOR/2002-193 — Order 2002-66-03-01 Amending the Domestic Substances List; SOR/2002-287 — Order 2002-66-05-01 Amending the Domestic Substances List; SOR/2002-320 — Order 2002-66-06-01 Amending the Domestic Substances List, it was agreed to consider these files closed.

Respecting SOR/2003-319 — Regulations Amending the Sulphur in Gasoline Regulations, it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

Respecting SOR/98-215 — Importation and Exportation of Firearms Regulations (Individuals), it was agreed that the Joint Chairmen would write to the Commissioner of the Canada Firearms Centre to pass along some of the committee's observations.

Respecting C.R.C.c. 1191 — Railway Grade Separations Regulations, it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

Respecting SOR/91-499 — Canadian International Trade Tribunal Rules; SOR/2000-139 — Rules Amending the Canadian International Trade Tribunal Rules, it was agreed that committee counsel would examine the files at a later date and keep the committee apprised of any action taken.

Respecting SOR/2001-170 — Place of Supply (GST/HST) Regulations, it was agreed that committee counsel would write to the official responsible for statutory instruments at Finance Canada to pass along some of the committee's observations.

Respecting SOR/2002-437 — Regulations Amending the Fish Inspection Regulations (Miscellaneous Program), it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

Respecting SOR/2003-347 — Canadian Payments Association By-law No. 6 — Compliance; SOR/98-238 — By-law No. 6 Respecting Compliance, it was agreed that committee counsel would write to the Finance Canada official responsible for statutory instruments to pass along some of the committee's observations.

Respecting SOR/2001-390 — Form of Proxy (Banks and Bank Holding Companies) Regulations, it was agreed that committee counsel would examine these files at a later date and keep the committee apprised of any action taken.

Respecting SOR/2001-401 — Minority Investment (Bank Holding Companies) Regulations; SOR/2001-405 — Minority Investment (Insurance Holding Companies) Regulations, it was agreed that committee counsel would examine the files at a later date and keep the committee apprised of any action taken.

Respecting SOR/2001-480 — Supervisory Information (Bank Holding Companies) Regulations; SOR/2001-484 — Supervisory Information (Insurance Holding Companies) Regulations; it was agreed that committee counsel would write to the official responsible for statutory instruments at the Office of the Superintendent of Financial Institutions Canada to pass along some of the committee's observations.

Respecting SOR/97-159 — Order Amending the Canadian Cultural Property Export Control List, it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

Respecting SI/2001-17 — Order Fixing February 5, 2001 as the Date of the Coming into Force of Certain Sections of the Act, it was agreed to close the file.

Respecting SOR/2001-2 — Regulations Amending the Ozone-depleting Substances Regulations, 1998, it was agreed to close the file.

Respecting SOR/2001-55 — Supervisory Information (Trust and Loan Companies) Regulations; SOR/2001-59 — Supervisory Information (Banks) Regulations, it was agreed to close these files.

Respecting SOR/2001-451 — Potato Wart Compensation Regulations, it was agreed that committee counsel would examine this file at a later date and keep the committee apprised of any action taken.

The committee examined SOR/98-45 — Verification of Origin, Tariff Classification and Value for Duty of Imported Goods Regulations (Non-Free Trade Partners); SOR/2000-100 — Federal-Provincial Fiscal Arrangements Regulations, 1999; SOR/93-194 — Federal-Provincial Fiscal Arrangements Regulations, 1992; SOR/2001-111 — Regulations Amending the Meat Inspection Regulations, 1990; SOR/2001-134 — Order Amending the Schedule to the Customs Tariff, 2001-1; SOR/2001-222 — Regulations Amending the Pension Benefits Standards Regulations, 1985; SOR/2001-276 — Regulations Respecting Applications for Permits for Disposal at Sea; SOR/2001-395 — Investment Limits (Cooperative Credit Associations) Regulations; SOR/2001-396 —Investment Limits (Insurance Companies) Regulations; SOR/2001-397 — Investment Limits (Insurance Holding Companies) Regulations; SOR/2002-361 — Order Amending Schedules V and VI to the Controlled Drugs and Substances Act; SOR/2003-221 — Regulations Amending the Migratory Birds Regulations; SOR/2003-293 — Assessor's Rules of Procedure; SOR/92-244 — Importation of Periodicals Regulations, amendment; SOR/2002-5 — ``Svanen'' Remission Order, 1996; SOR/2002-338 — Regulations Amending the Notices of Uninsured Deposits Regulations; SOR/2002-402 — Rules Amending the Canadian International Trade Tribunal Rules; SOR/2002-403 — Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations; SOR/2003-187 — Regulations Amending the Insider Reports Exemption (Banks) Regulations; SOR/2003-263 — Technical Amendments Regulations (Customs Tariff) 2003-1; SOR/98-340 —Technical Amendments Order (Customs Tariff) 1998-3; SOR/2003-331 — Regulations Amending the Food and Drug Regulations (Miscellaneous Program); SOR/2003-380 — Regulations Amending the International Letter-post Items Regulations; SOR/2003-382 — Regulations Amending Certain Regulations Made under the Canada Post Corporation Act (Miscellaneous Program); SOR/2004-202 — Regulations Amending the Mutual Company (Life Insurance) Conversion Regulations.

The committee examined the following statutory instruments without comment:

SI/2001-48 — Proclamation giving notice that the attached supplementary convention, which alters and adds to the Convention set out in Schedule II to the Act, came into force on January 29, 2001;

SI/2001-72 — Proclamation giving notice that the Agreement on Social Security between Canada and the Republic of Slovenia came into force on January 1, 2001;

SI/2001-8 — Proclamation giving notice that the Supplementary Agreement to the Agreement on Social Security between Canada and the Republic of the Philippines is in force as of July 1, 2001;

SOR/89-418 — Quebec Milk Order, 1989 ;

SOR/90-269 — Nova Scotia Milk Order, amendment;

SOR/90-270 — New Brunswick Milk Order, amendment;

SOR/90-272 — Saskatchewan Milk Order, amendment;

SOR/90-273 — British Columbia Milk Order, amendment;

SOR/90-274 — Alberta Milk Order, amendment;

SOR/90-275 — Prince Edward Island Milk Order, 1988, amendment;

SOR/2001-16 — Order Amending Milk Orders under the Agricultural Products Marketing Act;

SOR/2001-318 — Regulations Amending the Pest Control Products Regulations;

SOR/2001-344 — Saskatchewan Flax Order;

SOR/2001-345 — Saskatchewan Alfalfa Seed Order;

SOR/2001-449 — Regulations Amending the National Parks Garbage Regulations;

SOR/2002-2 — Order Amending the Environmental Assessment Review Panel Service Charges Order;

SOR/2002-6 — Order Amending the Order Declaring an Amnesty Period;

SOR/2002-7 — Regulations Amending the Crown Corporation Payments Regulations;

SOR/2002-8 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 06, Ta'an Kwach'an Council, Y.T.);

SOR/2002-9 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 07, Carcross/ Tagish First Nation, Y.T.);

SOR/2002-10 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 08, Kwanlin Dun First Nation, Y.T.);

SOR/2002-11 — Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No. 05, 2001);

SOR/2002-12 — Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Yukon Territory (Order No. 04, 2001);

SOR/2002-13 — Regulations Amending the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety) (Miscellaneous Program);

SOR/2002-14 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of Circulation Coins;

SOR/2002-20 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-21 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/2002-23 — Regulations Amending the Senate Sessional Allowance (Deductions for Non-attendance) Regulations;

SOR/2002-24 — Regulations Amending the Senate Sessional Allowance (Suspension) Regulations;

SOR/2002-31 — Regulations Amending the Specialty Services Regulations, 1990;

SOR/2002-32 — Regulations Amending the Pay Television Regulations, 1990;

SOR/2002-42 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-51 — Special Appointment Regulations, No. 2002-1;

SOR/2002-77 — Special Appointment Regulations, No. 2002-2;

SOR/2002-80 — Regulations Amending the Migratory Birds Regulations;

SOR/2002-97 — Order Amending the General Import Permit No. 100 — Eligible Agricultural Goods;

SOR/2002-102 — Index-linked Deposits Interest Disclosure Regulations;

SOR/2002-103 — Name Use (Affiliates of Banks, or Bank Holding Companies, that Are Not Widely Held) Regulations;

SOR/2002-107 — Regulations Amending the Name Use by Non-financial Businesses (Excluded Entities) Regulations;

SOR/2002-118 — Regulations Repealing the United Nations Libya Regulations;

SOR/2002-119 — Filing Penalties (Office of the Superintendent of Financial Institutions) Regulations;

SOR/2002-132 — Entity Member of Group Regulations;

SOR/2002-134 — Order Amending Schedule II to the Yukon First Nations Self-Government Act;

SOR/2002-137 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 1, Liard First Nation, Y.T.);

SOR/2002-140 — Order Designating the Foundation for Sustainable Development Technology in Canada for Purposes of that Act;

SOR/2002-166 — Regulations Amending the Non-Mailable Matter Regulations;

SOR/2002-180 — CATSA Aerodrome Designation Regulations;

SOR/2002-206 — Regulations Amending the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

SOR/2002-209 — Regulations Amending the Export Tax Exemption Regulations (Tobacco Products);

SOR/2002-212 — Regulations Amending the Migratory Birds Regulations;

SOR/2002-216 — Retail Association Regulations;

SOR/2002-249 — Order extending the period referred to in subsection 66(6) of the Canada Transportation Act;

SOR/2002-267 — Regulations Amending the Credit Information (Insurance Companies) Regulations;

SOR/2002-322 — Regulations Amending the Broadcasting Distribution Regulations;

SOR/2002-334 — Regulations Amending the Health of Animals Regulations;

SOR/2002-335 — Regulations Amending the Meat Inspection Regulations, 1990;

SOR/2002-357 — Regulations Repealing Certain Regulations Continued under the Railway Safety Act (Miscellaneous Program);

SOR/2002-374 — New Substances Fees Regulations;

SOR/2002-394 —- Regulations Amending the Migratory Birds Regulations;

SOR/2002-440 — Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals);

SOR/2002-441 — Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses);

SOR/2002-442 — Regulations Amending the Gun Shows Regulations;

SOR/2002-443 — Regulations Amending the Public Agents Firearms Regulations;

SOR/2002-445 — International Boundary Waters Regulations;

SOR/2002-446 — Regulations Amending the Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations;

SOR/2002-449 — Regulations Repealing the Assets (Property and Casualty Companies) Regulations;

SOR/2003-78 — Sandy Bay Band Council Elections Order;

SOR/2003-84 — Regulations Amending the Migratory Birds Regulations;

SOR/2003-90 — Regulations Repealing the Export Tax Exemption Regulations (Tobacco Products);

SOR/2003-163 — Regulations Amending the Reportable Diseases Regulations;

SOR/2003-198 — Regulations Repealing the Defining Distilled Spirits Regulations;

SOR/2003-204 — Continuation of Amalgamated or Merged Corporations Regulations;

SOR/2003-207 — Regulations Respecting the Fees for the Examination of Instruments and the Provision of Tables;

SOR/2003-213 — Regulations Amending the Canadian Aviation Regulations (Part V);

SOR/2003-267 — Health Reform Transfer Regulations;

SOR/2003-306 — Regulations Amending the Employment Insurance Regulations;

SOR/2003-315 — Regulations Amending the Potato Wart Compensation Regulations;

SOR/2003-316 — Order Amending the New Brunswick Primary Forest Products Order;

SOR/2003-340 — Regulations Amending the Federal Book Rebate (GST/HST) Regulations;

SOR/2003-345 — Order Amending the Description of Riding Mountain National Park of Canada in Schedule I to the Canada National Parks Act;

SOR/2003-353 — Order Amending the Limits of Liability set out in subsection 54(1) of the Marine Liability Act;

SOR/2003-373 — Regulations Amending the Property Assessment and Taxation (Railway Right-of-Way) Regulations;

SOR/2003-377 — Regulations Amending the International Letter-post Items Regulations;

SOR/2003-401 — Regulations Amending the Public Agents Firearms Regulations;

SOR/2003-402 — Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals);

SOR/2003-403 — Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses);

SOR/2003-404 — Regulations Amending the Gun Shows Regulations.

At 9:32 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Clerk of the Committee