Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 6 - Minutes of Proceedings - March 10, 2005

OTTAWA, Thursday, March 10, 2005
(7)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:35 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 Biron, Bryden, Hervieux-Payette, P.C. and Moore (4).

Representing the House of Commons: Rob Anders, Robert Bouchard, Gurmant Grewal, Monique Guay, Randy Kamp, Lynn Myers, Tom Wappel and Judy Wasylycia-Leis (8).

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

In attendance: The official reporters of the Senate.

The committee continued to examine its Order of Reference set out in section 19 of the Statutory Instruments Acts, 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 Houses of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments.

Lynn Myers moved that the committee adopt the following budget:

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

Respecting SOR/89-93 — Ontario Fishery Regulations, 1989; SOR/2002-225 — Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program); SOR/93-332 — Aboriginal Communal Fishing Licences Regulations; it was agreed that a letter giving notice of the committee's intention of passing a resolution calling for the repeal of a portion of the regulations would be sent to the Minister of Fisheries and Oceans.

Respecting SOR/98-215 — Importation and Exportation of Firearms Regulations (Individuals), it was agreed that the Joint Chairmen would extend an invitation to the Minister of Public Safety and Emergency Preparedness to appear before the Committee.

Respecting SI/2004-10 — Exclusion Approval Order for the Appointment of One Person to a Position in the Public Service Commission, it was agreed to consider the file closed.

Respecting SI/2004-72 — Exclusion Approval Order for the Appointment of One Employee to a Position at Health Canada, it was agreed to consider the file closed.

Respecting SOR/97-390 — Crewing Regulations; SOR/2002-151 — Regulations Amending the Crewing Regulations; SOR/97-391 — Marine Certification Regulations; SOR/2002-150 — Regulations Amending the Marine Certification Regulations; SOR/2001-179 — Regulations Amending the Life Saving Equipment Regulations, it was agreed that the Joint Chairmen would write to the Minister of Transport Canada to pass along some of the Committee's observations.

Respecting SOR/88-230 — Frontier Lands Registration Regulations; SOR/88-263 — Newfoundland Offshore Area Registration Regulations; it was agreed that the Joint Chairmen would extend an invitation to the Minister of Natural Resources Canada to appear before the Committee.

Respecting SOR/99-13 — Exemption List 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/95-105 — On Board Trains Occupational Safety And Health Regulations, amendment, it was agreed that the Joint Chairmen would extend an invitation to the Minister of Transport Canada to appear before the Committee.

Respecting SI/2003-38 — Order Respecting the Withdrawal from Disposal of Certain Lands (Tuktut Nogait National Park, Northwest Territories and Nunavut), it was agreed that Committee counsel would write to the official responsible for statutory instruments at the Department of Indian and Northern Affairs Canada to pass along some of the Committee's observations.

Respecting SOR/2001-32 — Controlled Goods Regulations, it was agreed that Committee counsel would write to the official responsible for statutory instruments at the Department of Public Works and Government Services Canada to pass along some of the Committee's observations.

Respecting SOR/2004-114 — Special Appointment Regulations, No. 2004-8, it was agreed to consider the file closed.

Respecting SI/2002-142 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Edéhzhie (Horn Plateau), N.W.T.); SOR/97-521 — Regulations Amending the Hazardous Products (Ice Hockey Helmets) Regulations; SOR/2001-493 — Property Assessment and Taxation (Railway Right-of-Way) Regulations; SOR/2002-158 — Pre-qualified Pool Exclusion Approval Order and Pre-qualified Pool Recourse Regulations; it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.

The Committee examined SI/2002-90 — Order Amending the Order Designating the Appropriate Authority for a Province with Respect to the Act; SOR/92-692 — Income Tax Regulations, amendment; SOR/2002-429 — Regulations Amending the Collision Regulations; SOR/2004-249 — Regulations Amending the Canada Pension Plan Regulations and the Old Age Security Regulations.

The Committee examined the following statutory instruments presented without comment:

SI/2002-6 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Ta'an Kwach'an Council, Y.T.);

SI/2002-7 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Carcross/Tagish First Nation, Y.T.);

SI/2002-59 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Liard First Nation, Y.T.);

SI/2002-73 — Order Fixing May 1, 2002 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2002-74 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Ta'an Kwach'an Council, Y.T.);

SI/2002-78 — Reservation to the Crown Waiver Order (Kluane Lake, Y.T.);

SI/2002-124 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Ross River Dena Council, Y.T.);

SI/2002-129 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Forty Mile, Fort Cudahy and Fort Constantine Historic Site, Y.T.);

SI/2002-140 — Reservation to the Crown Waiver Order (Lake Laberge, Y.T.);

SI/2002-141 — Reservation to the Crown Waiver Order (Teenah Lake, Y.T.);

SI/2002-143 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Carcross/Tagish First Nation, Y.T.);

SI/2002-144 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (White River First Nation, Y.T.);

SI/2002-155 — Reservation to the Crown Waiver Order (Kluane Lake, Y.T.);

SI/2002-156 — Reservation to the Crown Waiver Order (Yukon River, Y.T.);

SI/2002-157 — Reservation to the Crown Waiver Order (Six Mile Lake, Y.T.);

SI/2003-23 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Tr'o- ju-wech'in Heritage Site, Tr'ondk Hwch'in First Nation, Y.T.);

SI/2003-24 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Little Salmon/Carmacks First Nation, Y.T.);

SI/2003-25 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Champagne and Aishihik First Nations, Y.T.);

SI/2003-26 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Vuntut Gwitchin First Nation, Y.T.);

SI/2003-27 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Tr'ondk Hwch'in First Nation, Y.T.);

SI/2003-28 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Selkirk First Nation, Y.T.);

SI/2003-29 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Teslin Tlingit Council, Y.T.);

SI/2003-34 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Tombstone Territorial Park Reservation, Y.T.);

SI/2003-35 — Reservation to the Crown Waiver Order (Marsh Lake, Y.T.);

SI/2003-43 — Order Fixing March 24, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-50 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Kluane First Nation, Y.T.);

SI/2003-51 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Kwanlin Dun First Nation, Y.T.);

SI/2003-52 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Liard First Nation, Y.T.);

SI/2003-53 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (White River First Nation, Y.T.);

SI/2003-111 — Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2003-172 — Order Repealing Certain Orders Made Under the Territorial Lands Act (Miscellaneous Program) No. 2;

SI/2004-48 — Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Species at Risk Act;

SOR/93-369 — Specially Denatured Alcohol (Import) Regulations;

SOR/99-277 — Cost of Borrowing (Authorized Foreign Banks) Regulations;

SOR/2002-54 — Canada Industrial Relations Regulations;

SOR/2002-101 — Financial Consumer Agency of Canada Designated Violations Regulations;

SOR/2002-111 — Regulations Amending the Canadian Aviation Regulations (Part IV);

SOR/2002-133 — Public Accountability Statements (Banks, Insurance Companies, Trust and Loan Companies) Regulations;

SOR/2002-147 — Passenger Information Regulations (Preclearance Act);

SOR/2002-201 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2002-202 — Order Amending the Schedule to the Customs Tariff (Harmonized System), 2002-2;

SOR/2002-203 — Order Amending the Schedule to the Customs Tariff (Extension of Least Developed Country Tariff to Senegal);

SOR/2002-204 — Regulations Amending the Tobacco Regulations;

SOR/2002-207 — Regulations Amending the Food and Drug Regulations (1287 — Cloransulam-methyl);

SOR/2002-213 — Order Amending the Import Control List;

SOR/2002-214 — Order Amending the Schedule to the Customs Tariff, 2002-3;

SOR/2002-215 — Canadian Payments Association Election of Directors Regulations;

SOR/2002-217 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2002-223 — Radiocommunication Act (Subsection 4(1) and Paragraph 9(1)(b) Exemption Order (Security and Safety, International Relations and National Defence), No. 2002-1;

SOR/2002-224 — Radiocommunication Act (Subsection 4(1) and Paragraph 9(1)(b) Exemption Order (Security and Safety, International Relations and National Defence), No. 2002-2;

SOR/2002-233 — Regulations Amending the Canada Student Financial Assistance Regulations;

SOR/2002-238 — Order Repealing the British Columbia Broiler Marketing Board (Interprovincial and Export) Order`

SOR/2002-239 — Regulations Repealing the Ontario Sweet Corn Price Determination (Interprovincial and Export) Regulations;

SOR/2002-253 — Application of Regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act in Nunavut Order;

SOR/2002-256 — Order Amending the Schedule to the Customs Tariff (Raw Hides and Skins);

SOR/2002-257 — Order Amending the Schedule to the Customs Tariff, 2002-5;

SOR/2002-258 — Band Sawing Machine Remission Order;

SOR/2002-259 — Woven Fabrics and Shells of Woven Fabrics Remission Order;

SOR/2002-260 — Certain Chloroprene Sheets Remission Order;

SOR/2002-261 — Order Amending the Schedule to the Customs Tariff, 2002-6;

SOR/2002-277 — Regulations Amending and Repealing Certain Regulations made under Part IX of the Excise Tax Act (Miscellaneous Program);

SOR/2002-279 — Order Amending the Indian Bands Council Elections Order (Thessalon Band);

SOR/2002-280 — Regulations Amending the Employment Insurance Regulations;

SOR/2002-284 — Regulations Establishing a List of Entities;

SOR/2002-289 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2002-290 — Order Amending Schedule I to the Public Service Staff Relations Act;

SOR/2002-291 — Order Amending Schedule I to the Access to Information Act;

SOR/2002-292 — Order Amending the Schedule to the Privacy Act;

SOR/2002-293 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2002-294 — Special Appointment Regulations, No. 2002-6;

SOR/2002-295 — Special Appointment Regulations, No. 2002-7;

SOR/2002-296 — Special Appointment Regulations, No. 2002-8;

SOR/2002-297 — Special Appointment Regulations, No. 2002-9;

SOR/2002-298 — Special Appointment Regulations, No. 2002-10;

SOR/2002-299 — Special Appointment Regulations, No. 2002-11;

SOR/2002-302 — Newfoundland and Labrador Offshore Revenue Fiscal Equalization Offset Payments Regulations;

SOR/2002-303 — Dakota Tipi Band Council Method of Election Regulations;

SOR/2002-310 — Regulations Amending the Pacific Fishery Regulations, 1993;

SOR/2002-312 — Regulations Amending the Income Tax Regulations (2001 Drought Regions);

SOR/2002-313 — Regulations Amending the Territorial Lands Regulations;

SOR/2002-315 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 6 Ross River Dena Council, Y.T.);

SOR/2002-324 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-326 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2002-329 — Special Appointment Regulations, No. 2002-12;

SOR/2002-330 — Special Appointment Regulations, No. 2002-13;

SOR/2002-331 — Special Appointment Regulations, No. 2002-14;

SOR/2002-332 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2002-340 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2002, No. 7 Forty Mile, Fort Cudahy and Fort Constantine Historic Site, Y.T.);

SOR/2002-341 — Regulations Amending the Access to Information Regulations;

SOR/2002-342 — Regulations Amending the Privacy Regulations;

SOR/2002-343 — Order Amending Schedule I to the Access to Information Act;

SOR/2002-344 — Order Amending the Schedule to the Privacy Act;

SOR/2002-350 — Regulations Amending the Food and Drug Regulations (1306) — Pirimicarb).

At 7:19 p.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)