Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 5 - Minutes of Proceedings - February 17, 2005

OTTAWA, Thursday, February 17, 2005
(6)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:32 a.m. in room 256-S of the Centre Block, the Chairman, the Honourable John G. Bryden, presiding.

Representing the Senate: The Honourable Senators Biron, Bryden, Kelleher, P.C. and Moore (4).

Representing the House of Commons: Rob Anders, Guy Côté (for Monique Guay), Randy Kamp, Derek Lee, Paul Harold Macklin, P.C., Serge Ménard (for Robert Bouchard), Lynn Myers, Tom Wappel and Judy Wasylycia-Leis (9).

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 Jacques Rousseau, 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 instruments 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.

The committee discussed future business.

The committee examined C.R.C. c. 1486 — Small Fishing Vessel Inspection Regulations.

Respecting SOR/97-144 — Broadcasting Licence Fee Regulations, 1997, it was agreed that the Joint Chairs would invite the Minister of Canadian Heritage to appear before the Committee.

Respecting SOR/97-555 — Broadcasting Distribution Regulations; SOR/87-49 — Television Broadcasting Regulations, 1987; SOR/90-105 — Pay Television Regulations, 1990; SOR/90-106 — Specialty Services Regulations, 1990; SOR/92-609 — Radio Regulations, 1986, amendment; SOR/92-611 — Television Broadcasting Regulations, 1987, amendment; SOR/93-420 — Broadcasting Information Regulations, 1993, it was agreed that Committee counsel would write to the official responsible for statutory instruments at the Canadian Radio-television and Telecommunications Commission to pass along some of the Committee's observations.

Respecting SOR/95-144 — Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations, it was agreed that Committee counsel would write to the official responsible for statutory instruments at Natural Resources Canada to pass along some of the Committee's observations.

Respecting SOR/90-264 — Marine Machinery 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/2003-285 — Regulations Amending the Canada Grain Regulations; SOR/2002-286 — Regulations Amending the Canada Grain 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/2002-164 — National Capital Commission Animal Regulations; SOR/2002-165 — Regulations Amending the National Capital Commission Traffic and Property 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/91-570 — Energy Monitoring Regulations, amendment, it was agreed that the Committee would examine the file at a later date and keep the Committee apprised of any action taken.

Respecting SOR/94-651 — Energy Efficiency Regulations, as amended by SOR/2003-136, it was agreed that counsel would write to the official responsible for statutory instruments at Natural Resources Canada to pass along some of the Committee's observations.

Respecting SOR/95-190 — Nova Scotia Offshore Area Petroleum Production and Conservation Regulations, it was agreed that counsel would write to the official responsible for statutory instruments at Transport Canada to pass along some of the Committee's observations.

Respecting SOR/2002-60 — Regulations Amending the Canadian Aviation Regulations (Part IV), it was agreed that Committee counsel would write to the official responsible for statutory instruments at Transport Canada to pass along some of the Committee's observations.

Respecting SOR/2004-53 — Federal Elections Fees Tariff, 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/2004-80 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency (Miscellaneous Program), 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/89-123 — Canadian Exploration Incentive Program Regulations; SOR/91-452 — Canadian Exploration Incentive Program Regulations, amendment, it was agreed to consider these files closed.

The committee examined SOR/2001-211 — Plum Pox Virus Compensation Regulations; SOR/2001-338 — Regulations Amending the Plum Pox Virus Compensation Regulations.

The committee examined SOR/2003-349 — Regulations Amending the Inclusion List Regulations; SOR/2004-152 — Regulations Amending the Regulations Establishing the Period for Royalty Entitlements of Non-members of Collecting Bodies (Miscellaneous Program); SOR/2004-252 — Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program); SOR/2004-253 — Regulations Amending the Life Saving Equipment Regulations (Miscellaneous Program); SOR/2004-254 — Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program).

The committee examined the following statutory instruments presented without comment:

SI/2001-1 — Treaty Land Entitlement (Manitoba) Remission Order;

SI/2001-50 — National Parks Land Rents Remission Order, No. 2;

SI/2001-63 — Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2001-65 — Order Fixing May 21, 2001 as the Date of the Coming into Force of the Calculation of Default Contribution Rates Regulations;

SI/2001-66 — Order Fixing May 31, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-67 — Order Fixing May 28, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-82 — Order Fixing June 15, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-84 — Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2001-85 — Order Fixing August 1, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-88 — Order Fixing October 28, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-90 — Order Fixing September 4, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-99 — Firearms Fees Remission Order (Registration Certificate);

SI/2001-102 — Order Fixing October 24, 2001 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2001-111 — Order Fixing November 7, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-115 — Order Fixing November 29, 2001 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2001-121 — Order Amending the Canadian Passport Order;

SI/2003-167 — Order Amending the Treaty Land Entitlement (Manitoba) Remission Order;

SI/2004-49 — Order Fixing April 22, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2004-50 — Order Fixing May 3, 2004 as the Date of the Coming into Force of Certain Sections of the Act;

SOR/90-556 — Canadian Chicken Marketing Quota Regulations, 1990;

SOR/92-525 — Assets (Foreign Companies) Regulations;

SOR/97-54 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/2000-393 — Regulations Amending the Employment Insurance Regulations;

SOR/2002-3 — Customs Duties Accelerated Reduction Order, No. 12;

SOR/2002-4 — Designer Remission Order, 2001 ;

SOR/2002-39 — Cheque Holding Policy Disclosure (Banks) Regulations;

SOR/2002-43 — Order Amending Schedule I to the Access to Information Act;

SOR/2002-44 — Order Amending the Schedule to the Privacy Act;

SOR/2002-45 — Order Amending Schedule I to the Public Service Staff Relations Act;

SOR/2002-46 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2002-47 — Regulations Concerning Information Required by Foreign States;

SOR/2002-50 — Order 2001-87-11-01 Amending the Domestic Substances List;

SOR/2002-52 — Regulations Amending the Food and Drug Regulations (1173 — Maximum Residue Limits for Veterinary Drugs;

SOR/2002-53 — Regulations Amending the Food and Drug Regulations (1248 — Ibuprofen;

SOR/2002-55 — Regulations Amending the Motor Vehicle Safety Regulations (Incomplete Vehicles);

SOR/2002-56 — Regulations Amending the Food and Drug Regulations (1134 — Metsulfuron-methyl);

SOR/2002-57 — Regulations Amending the Food and Drug Regulations (1223 — Azoxystrobin);

SOR/2002-58 — Regulations Amending the Food and Drug Regulations (1292 — Imazamox);

SOR/2002-59 — Regulations Amending the Food and Drug Regulations (1254 — Tribenuron-methyl);

SOR/2002-61 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a Fifty Cent Circulation Coin;

SOR/2002-63 — Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence”;

SOR/2002-65 — CIFTA Remission Order;

SOR/2002-66 — CCFTA Remission Order;

SOR/2002-69 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2002-70 — Order Amending Schedule I to the Public Service Staff Relations Act;

SOR/2002-71 — Order Amending Schedule I to the Access to Information Act;

SOR/2002-72 — Order Amending the Schedule to the Privacy Act;

SOR/2002-74 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2002-84 — Order Amending the Import Control List;

SOR/2002-85 — Order Amending the Import Control List;

SOR/2002-86 — Order Amending the Export Control List;

SOR/2002-87 — Order Repealing the Allocation Method Order — Chicken and Chicken Products;

SOR/2002-88 — Order Amending the Allocation Method Order — Turkey and Turkey Products;

SOR/2002-89 — Order Amending the General Import Permit No. 2 — Chicken and Chicken Products for Personal Use;

SOR/2002-90 — Order Amending the General Import Permit No. 3 — Wheat and Wheat Products and Barley and Barley Products for Personal Use;

SOR/2002-91 — Order Amending the General Import Permit No.7 — Turkeys and Turkey Products for Personal Use;

SOR/2002-92 — Order Amending the General Import Permit No. 20 — Wheat and Wheat Products and Barley and Barley Products;

SOR/2002-94 — Order Amending the Allocation Method Order (Beef and Veal);

SOR/2002-95 — Order Amending the Allocation Methods Order — Hatching Eggs, Live Broilers, Eggs and Egg Products;

SOR/2002-96 — Order Amending the Allocation Methods Order — Cheese and Cheese Products, Ice Cream, Yogurt, Powdered Buttermilk and Concentrated Milk;

SOR/2002-115 — Order 2002-87-01-01 Amending the Domestic Substances List;

SOR/2002-116 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-123 — Regulations Amending the Income Tax Regulations (Insurance Business Policy Reserves);

SOR/2002-130 — Regulations Amending the Customs Bonded Warehouses Regulations;

SOR/2002-131 — Regulations Amending the Customs Sufferance Warehouses Regulations;

SOR/2002-136 — Order Amending the Export Control List;

SOR/2002-138 — Moose Jaw Airport Zoning Regulations;

SOR/2002-141 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-143 — Regulations Amending the Coal Mines (CBDC) Occupational Safety and Health Regulations;

SOR/2002-144 — Regulations Amending the Income Tax Regulations;

SOR/2002-146 — Regulations Excluding Certain Things from the Definition of “Goods” under the Preclearance Act;

SOR/2002-149 — Regulations Amending the Customs Brokers Licensing Regulations;

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

SOR/2002-155 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 02, Ta'an Kwach'an Council, Y.T.);

SOR/2002-157 — Regulations Amending the Employment Insurance Regulations;

SOR/2002-160 — Order 2002-87-02-01 Amending the Domestic Substances List;

SOR/2002-161 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-168 — Order Amending the Schedule to the Customs Tariff, 2002-2;

SOR/2002-169 — Order Amending the Designer Remission Order, 2001;

SOR/2002-173 — Order Amending Schedule III to the Financial Administration Act;

SOR/2002-174 — Order Amending Schedule I to the Access to Information Act;

SOR/2002-175 — Order Amending the Schedule to the Privacy Act;

SOR/2002-176 — Special Appointment Regulations, No. 2002-3;

SOR/2002-177 — Special Appointment Regulations No. 2002-4;

SOR/2002-178 — Special Appointment Regulations, No. 2002-5;

SOR/2002-181 — Regulations Amending the Contraventions Regulations;

SOR/2002-187 — Regulations Amending the Motor Vehicle Safety Regulations (Glazing Materials);

SOR/2002-189 — Regulations Amending the Designated Provisions Regulations;

SOR/2002-192 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of Circulation Coins;

SOR/2002-194 — Order 2002-87-03-01 Amending the Domestic Substances List;

SOR/2002-195 — Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations;

SOR/2002-196 — G8 Summit Privileges and Immunities Order, 2002;

SOR/2002-197 — Regulations Amending the Locally-Engaged Staff Employment Regulations;

SOR/2002-199 — Regulations Amending the Insurable Earnings and Collection of Premiums Regulations.

The committee discussed future business.

At 10:11 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)