Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 13 - Minutes of Proceedings

OTTAWA, Thursday, May 3, 2007
(14)

[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 Chairs, the Honourable Senator J. Trevor Eyton, and Mr. Paul Szabo, MP, presiding.

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

Representing the House of Commons: Ron Cannan, Paul Dewar, Dean Del Mastro, Derek Lee, John Maloney, Rick Norlock, Jean-Yves Roy (for France Bonsant) and Paul Szabo (8).

Also present: From the Parliamentary Research Branch of the Library of Parliament: Mike Macpherson, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Jacques Rousseau, Counsel.

In attendance: The official reporters of the Senate.

The Committee continued its proceedings on its permanent order of reference as set out in section 19 of the Statutory Instruments Act. R.S.C. (1985), c. 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.

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 would write to the Department of Justice to pass along some of the Committee's observations.

On SOR/2005-39 — Regulations Amending the Veterans Health Care Regulations, it was agreed that the Joint Chairs would write to the Minister of Veterans Affairs to pass along some of the Committee's observations.

On SOR/92-12 — Egg Regulations, amendment, it was agreed that Committee counsel would write to the statutory instruments officers at Agriculture and Agri-food Canada to pass along some of the Committee's observations.

On SOR/95-571 — Royal Canadian Mounted Police Superannuation Regulations, amendment; SOR/98-531 — Regulations Amending the Royal Canadian Mounted Police Superannuation Regulations, it was agreed that the Joint Chairs would write to the Commissioner of the RCMP to pass along some of the Committee's observations.

On SOR/93-4 — Dangerous Chemicals and Noxious Liquid Substances Regulations, it was agreed that Committee counsel would write to the statutory instruments officer at Transport Canada to pass along some of the Committee's observations.

On SOR/2003-174 — Canadian Payments Association By-law No. 1 — General, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any developments.

On SOR/2003-363 — Antarctic Environmental Protection Regulations, it was agreed that Committee counsel would write to the statutory instruments officers at Environment Canada to pass along some of the Committee's observations.

On SOR/2005-23 — Reporting of Exported Goods Regulations, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any developments.

On SOR/2006-78 — Region of Waterloo International Airport Zoning Regulations, 1996, it was agreed that Committee counsel would examine the file at a later date and keep the Committee apprised of any developments.

On SOR/97-109 — PCB Waste Export Regulations, 1996, 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/2000-141 — Commissioner's Standing Orders (Dispute Resolution Process for Promotions and Job Requirements), it was agreed that the Joint Chairs would write to the Commissioner of the RCMP to pass along some of the Committee's observations.

On SOR/2002-301 — Interprovincial Movement of Hazardous Waste 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.

The Committee examined SOR/99-467 — Canada Travelling Exhibitions Indemnification Regulations; SOR/2003- 29 — Regulations Amending the Broadcasting Distribution Regulations; SOR/2003-347 — Canadian Payments Association By-law No. 6 — Compliance; SOR/2005-42 — Regulations Amending the Motor Vehicle Safety Regulations (Expiration Date for Certain Technical Standards Documents); SOR/2005-405 — Regulations Amending the Boating Restriction Regulations; SOR/94-716 — Commercial Vehicle Drivers Hours of Service Regulations, 1994; SOR/2003-115 — Regulations Respecting Excise Licences and Registrations; SOR/2005-355 — Regulations Amending the Regulations Respecting Excise Licences and Registrations; SOR/2006-11 — Regulations Amending the Broadcasting Distribution Regulations; SOR/2006-74 — Regulations Amending the Charges of Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002.

The Committee examined the following statutory instruments presented without comment:

SOR/2005-375 — Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation;

SOR/2005-376 — Definition of Promotion Regulations;

SOR/2005-377 — Regulations Prohibiting Deployments into the Executive Group;

SOR/2005-378 — Special Appointment Regulations, No. 2005-13;

SOR/2005-381 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2005-384 — Regulations Amending the Imported Goods Records Regulations;

SOR/2005-386 — Regulations Amending the Refund of Duties Regulations;

SOR/2005-388 — Regulations Amending the Returning Persons Exemption Regulations;

SOR/2005-389 — Regulations Amending the Transportation of Goods Regulations;

SOR/2005-390 — Regulations Amending the Ships' Stores Regulations;

SOR/2005-391 — Regulations Amending the Federal Book Rebate (GST/HST) Regulations;

SOR/2005-392 — Stainless Steel Round Wire Products Anti-dumping Duty Remission Order;

SOR/2005-393 — Regulations Amending the Income Tax Regulations (Insurers);

SOR/2005-394 — Regulations Amending the Food and Drug Regulations (1225 — Food Additives);

SOR/2005-395 — Regulations Amending the Food and Drug Regulations (1063 — Carrageenan in Infant Formula);

SOR/2005-396 — Regulations Amending the Food and Drug Regulations (1346 — Maximum Residue Limits for Veterinary Drugs);

SOR/2005-397 — Regulations Amending the Food and Drug Regulations (1436 — 1-Methylcyclopropene);

SOR/2005-398 — Regulations Amending the Food and Drug Regulations (1419 — Glufosinate-ammonium);

SOR/2005-399 — Health Information Custodians in the Province of Ontario Exemption Order;

SOR/2005-400 — Guidelines Amending the Federal Child Support Guidelines;

SOR/2005-402 — Order Amending Schedule I to the Yukon Surface Rights Board Act;

SOR/2005-403 — Order Amending Schedule II to the Yukon First Nations Self-Government Act;

SOR/2005-404 — Conditions of Carriage Regulations;

SOR/2005-408 — Regulations Amending the Electronic Alternatives Regulations for the Purpose of the Federal Real Property and Federal Immovables Act (Miscellaneous Program);

SOR/2005-409 — Special Appointment Regulations, No. 2005-14;

SOR/2005-410 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2005-411 — Order 2005-66-10-01 Amending the Domestic Substances List;

SOR/2005-412 — Order 2005-87-10-01 Amending the Domestic Substances List;

SOR/2005-414 — Regulations Amending the Income Tax Regulations (Capital Cost Allowance — Introduction of Classes 45 and 46);

SOR/2005-416 — Regulations Amending the Public Sector Pension Investment Board Regulations;

SOR/2005-417 — Regulations Amending the Public Service Labour Relations Board Regulations.

At 9:25 a.m., the committee recessed.

At 9:27 a.m., the committee reconvened in camera.

Mr. Derek Lee moved the following motion:

That the committee travel to Australia for a comparative study of procedure and practice relating to scrutiny of delegated legislation and related to the committee's study of ``the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations,'' and that the committee empower the Subcommittee on Agenda and Procedure to designate, as required, one or more members of the committee and/or such staff as may be necessary to travel on assignment on behalf of the committee, and to make on behalf of the committee all necessary decisions and requests with respect to the program, the budget and related matters for the proposed fact-finding mission to Australia.

The question being put on the motion, it was adopted on division.

The following budget for the proposed comparative study of procedure in Australia was adopted:

Professional and other services	$ 21,000
Transportation and communications	$ 245,939
Miscellaneous	$ 20,000
Total	$ 286,939

At 9:57 a.m., the committee adjourned to the call of the Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)