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Proceedings of the Standing Joint Committee on Scrutiny of Regulations

Issue 9 – Minutes of Proceedings – February 15, 2007

Ottawa, Thursday, February 15, 2007

(10)

[Translation]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:34 a.m. in room 256-S of the Centre Block, the Joint Chairs, the Honourable J. Trevor Eyton and Mr. Paul Szabo, presiding.

Representing the Senate: The Honourable Senators Bryden, Harb and Moore (3).

Representing the House of Commons: France Bonsant, Ron Cannan, Dean Del Mastro, Ken Epp, Monique Guay, Derek Lee, Rick Norlock, Yasmin Ratansi (for John Maloney) and Paul Szabo (9).

Also present: Mike Macpherson, Joint Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: Peter Bernhardt, 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), c. S-22, which states 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.

On SOR/2004-263 — Regulations Amending Certain Regulations Made under the Fisheries Act (Miscellaneous Program), it was agreed that the Joint Chairs would extend an invitation to Fisheries and Oceans Canada representatives to appear before the committee.

On C.R.C. c. 1238 — Northwest Territories Reindeer Regulations, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.

On SOR/99-324 — Book Importation Regulations; SOR/99-325 — Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations, it was agreed that the Joint Chairs of the Committee would write to the Minister of Industry Canada to pass along some of the Committee’s observations.

On SOR/99-144 — St. Lawrence Seaway Authority Divestiture Regulations; SOR/98-230 — Portions of the Department of National Defence Divestiture Regulations; SOR/98-231 — Portions of the Department of Public Works and Government Services Divestiture Regulations; SOR/98-232 — Regulations Amending the Airport Transfer Regulations; SOR/99-3 — Portions of the Department of Citizenship and Immigration Divestiture Regulations; SOR/ 99-247 — Portions of the Royal Canadian Mounted Police Divestiture Regulations; SOR/2000-1 — Certain Canada Port Authorities Divestiture Regulations; SOR/2000-60 — Portions of the Canada Ports Corporation Divestiture Regulations, it was agreed that the Joint Chairs of the Committee would write to the President of the Treasury Board to pass along some of the Committee’s observations.

On Parks Canada User Fees: Service fee proposals for 2005/06 to 2008/09 and travel trade fee proposals for 2007/08 to 2009/10, it was agreed that Committee counsel would write to the statutory instruments officer at Parks Canada to pass along some of the Committee’s observations.

On SOR/2002-318 — Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999; SOR/ 2003-100 — Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999, it was agreed to consider these files closed.

On SOR/2005-415 — Regulations Amending the Income Tax Regulations (Capital Cost Allowance — Energy Conservation Equipment and Alternative Energy Sources), it was agreed to consider the file closed.

On SOR/2003-3 — Regulations Amending the Pulp and Paper Effluent Regulations, it was agreed that Committee counsel would write to the statutory instruments officer at Environment Canada to pass along some of the Committee’s observations.

On SOR/2001-101 — Cost of Borrowing (Banks) Regulations; SOR/2001-102 — Cost of Borrowing (Canadian Insurance Companies) Regulations; SOR/2001-103 — Cost of Borrowing (Foreign Insurance Companies) Regulations; SOR/2001-104 — Cost of Borrowing (Trust and Loan Companies) Regulations; it was agreed that Committee counsel would write to the statutory instruments officer at the Department of Finance to pass along some of the Committee’s observations.

On SOR/2001-222 — Regulations Amending the Pension Benefits Standards Regulations, 1985, it was agreed that Committee counsel would write to the statutory instruments officer at the Office of the Superintendent of Financial Institutions Canada to pass along some of the Committee’s observations.

On SOR/2002-317 — Export of Substances Under the Rotterdam Convention Regulations, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.

On SOR/2003-318 — Regulations Amending the Benzene 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.

On SOR/2005-41 — Prohibition of Certain Toxic Substances Regulations, 2005, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any action taken.

On SOR/2004-199 — Bank Holding Company Proposal Regulations, it was agreed to consider this file closed.

On SOR/2005-363 — Order Amending Schedule I to the First Nations Goods and Services Act (Tlicho), it was agreed to consider the file closed.

The Committee examined SOR/2003-6 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency; SOR/2005-109 — Surface Coating Materials Regulations; SOR/2005-186 — Regulations Amending the Migratory Birds Regulations; SOR/2005-266 — Regulations Amending the Income Tax Regulations (Test Wind Turbines); SOR/2006-73 — Regulations Amending the Atlantic Pilotage Authority Regulations; SOR/2006-122 — Regulations Amending the Radiation Emitting Devices Regulations (Diagnostic X- ray Equipment) (Miscellaneous Program); SOR/2006-225 — Regulations Amending the DNA Identification Regulations (Miscellaneous Program); SOR/2006-227 — Regulations Amending the Motor Carrier Safety Fitness Certificate Regulations (Miscellaneous Program).

The Committee examined the following statutory instruments presented without comment:

SI/2006-77 — Acquisition of Permanent Resident Status Fee Remission Order;

SI/2006-90 — New Brunswick Teachers’ Federation Group Insurance Trustee Remission Order;

SI/2006-116 — Order Fixing October 26, 2006 as the Date of the Coming into Force of Certain Provisions of the Royal Canadian Mounted Police Superannuation Act;

SI/2006-117 — Maureen Coulter Income Tax and Employment Insurance Premiums Remission Order;

SI/2006-118 — Eduardo Sese Income Tax Remission Order;

SI/2006-119 — Order Authorizing the Issue of Non-circulation Coins of the Denomination of Five Hundred Dollars;

SI/2006-120 — Order Authorizing the Issue of Non-circulation Coins of the Denomination of Three Hundred and Fifty Dollars;

SI/2006-124 — Valley Gospel Mission Remission Order;

SI/2006-125 — Sandra Marriott Income Tax Remission Order;

SOR/94-410 — Export Development Corporation Exercise of Certain Powers Regulations;

SOR/2002-436 — Regulations Amending the Meat Inspection Regulations, 1990;

SOR/2003-411 — Regulations Amending the Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2003-416 — Regulations Amending the Contraventions Regulations;

SOR/2004-15 — Canadian Tourism Commission Divestiture Regulations;

SOR/2004-87 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;

SOR/2004-118 — Regulations Amending the Export Development Canada Exercise of Certain Powers Regulations;

SOR/2004-146 — Regulations Amending the Employment Insurance Regulations;

SOR/2004-189 — Regulations Amending the Contraventions Regulations;

SOR/2004-190 — Regulations Amending the Contraventions Regulations;

SOR/2004-192 — Regulations Amending the Royal Canadian Mounted Police Regulations, 1988;

SOR/2004-193 — Regulations Amending the Employment Insurance Regulations;

SOR/2004-196 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;

SOR/2004-213 — Order Amending the Schedule to the Customs Tariff, 2004-4;

SOR/2004-258 — Order Amending the Schedule to the Customs Tariff, 2004-5;

SOR/2004-267 — Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations;

SOR/2004-268 — Regulations Amending the Shooting Clubs and Shooting Ranges Regulations;

SOR/2004-269 — Regulations Amending the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations;

SOR/2004-272 — Regulations Amending the Firearms Fees Regulations;

SOR/2004-275 — Firearms Marking Regulations;

SOR/2004-276 — Regulations Amending the Firearms Registration Certificates Regulations;

SOR/2004-277 — Regulations Amending the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations;

SOR/2004-278 — Regulations Amending the Storage, Display and Transportation of Firearms and other Weapons by Businesses Regulations;

SOR/2004-279 — Regulations Amending the Conditions of Transferring Firearms and other Weapons Regulations;

SOR/2004-302 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2004-308 — Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act;

SOR/2004-315 — Regulations Amending the Ozone-depleting Substances Regulations, 1998;

SOR/2004-318 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2005-19 — Regulations Amending the Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, No. 2;

SOR/2005-33 — Regulations Amending the Radiation Emitting Devices Regulations (Tanning Equipment);

SOR/2005-71 — Order Amending the Import Control List;

SOR/2005-78 — Certain Ruminants and Their Products Importation Prohibition Regulations;

SOR/2005-97 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;

SOR/2005-113 — Regulations Amending the Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations;

SOR/2005-115 — By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law;

SOR/2005-116 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/2005-117 — By-law Amending the Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law;

SOR/2005-120 — Toronto Port Authority Regulations;

SOR/2005-136 — Regulations Amending the Crewing Regulations;

SOR/2005-188 — Regulations Amending the Application of Provincial Laws Regulations;

SOR/2005-210 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations;

SOR/2005-211 — Regulations Amending the Customs Sufferance Warehouses Regulations;

SOR/2005-212 — Regulations Amending the Duty Free Shop Regulations;

SOR/2005-215 — Regulations Amending the Storage of Goods Regulations;

SOR/2005-232 — Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia;

SOR/2005-234 — Order Amending the Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia;

SOR/2005-239 — Order Amending the Import Control List;

SOR/2005-258 — Regulations Amending the Non-residents’ Temporary Importation of Baggage and Conveyances Regulations;

SOR/2005-259 — Regulations Amending the Ships’ Stores Regulations;

SOR/2005-268 — Regulations Amending the Atlantic Fishery Regulations, 1985.

At 9:44 a.m., the committee adjourned to the call of the Joint Chairs.

ATTEST:


François Michaud
Joint Clerk of the Committee (Senate)