Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 12 - Minutes - June 12, 2008

OTTAWA, Thursday, June 12, 2008.
(13)

[Translation]

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

Representing the Senate: The Honourable Senators Bacon, Bryden, Eyton and Moore (4).

Representing the House of Commons: Gérard Asselin, Sue Barnes, David Christopherson, Ken Epp, Carole Freeman, Derek Lee, Rick Norlock, Paul Szabo and Tom Wappel (9).

Also present: Christine Lafrance, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Jacques Rousseau, Counsel, Parliamentary Information and Research Services, Library of Parliament.

In attendance: The official reporters of the Senate.

The committee proceeded to consider its permanent order of reference, as set out in section 19, 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.

In the matter of SOR/2000-221 — Regulations Amending the Letter Mail Regulations, it was agreed that counsel to the committee write to Canada Post and the Minister of Transport, Infrastructure and Communities, giving 30 days notice of the committee's intention to disallow the regulation; that counsel prepare a disallowance report; and that counsel return the matter to the agenda at the next meeting of the committee.

In the matter of C.R.C. c. 961 — Indian Timber Regulations, it was agreed that the file be closed.

In the matter of SOR/2005-383 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations, it was agreed that the joint chairs correspond with the Minister of Public Safety Canada with respect to certain comments made by the committee.

In the matter of SOR/77-595 — Counting of Service by Former Members of the Senate or House of Commons Regulations, No. 2, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Royal Canadian Mounted Police with respect to certain comments made by the committee.

In the matter of SOR/91-365 — Pari-Mutuel Betting Supervision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Agriculture and Agri-Food Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-241 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of National Defence and Canadian Forces with respect to certain comments made by the committee.

In the matter of SOR/2005-141 — Regulations Amending the Food and Drug Regulations (1402 — Drugs for Developing Countries), it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2005-334 — Public Service Employment Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2007-33 — Regulations Amending the Canadian Forces Superannuation Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of National Defence and Canadian Forces with respect to certain comments made by the committee.

In the matter of SI/2007-92 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order, it was agreed that the file be closed.

In the matter of SI/2007-93 — Order Amending the Privacy Act Heads of Government Institutions Designation Order, it was agreed that the file be closed.

In the matter of SOR/2002-162 — Guidelines Respecting Control in Fact for the Purpose of Subsection 407.2(1) of the Insurance Companies Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-163 — Guidelines Respecting Control in Fact for the Purpose of Subsection 377(1) of the Bank Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/95-252 — Hazardous Products (Lighters) Regulations, amendment, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2001-227 — Marihuana Medical Access Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2003-79 — Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2006-168 — Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/90-39 — Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/94-686 — Income Tax Regulations, amendment, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2007-108 — Exclusion List Regulations, 2007, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2008-43 — Regulations Amending the Marine Mammal Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SI/2008-26 — Order Respecting the Withdrawal from Disposal of Certain Tracts of Territorial Lands (Tuktut Nogait National Park, in the Northwest Territories and Nunavut), it was agreed that the file be closed.

In the matter of SOR/2008-77 — Regulations Amending the Verification of Origin, Tariff Classification and Value for Duty of Imported Goods Regulations (Non-Free Trade Partners), it was agreed that the file be closed.

In the matter of SOR/2008-89 — Order Amending Schedule I to the Hazardous Products Act (Children's Jewellery) (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2008-90 — Regulations Repealing the Children's Jewellery Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2008-123 — Regulations Amending the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

Parks Canada Master List of Fees — 2006/07 — 2009/10;

SI/74-2 — Public Servants Conflict of Interest Guidelines;

SI/88-77 — Privacy Act Heads of Government Institutions Designation Order, amendment;

SI/2008-1 — Order Designating the Minister of Public Safety and Emergency Preparedness as Appropriate Minister with Respect to the Canada Border Services Agency for Purposes of the Act;

SI/2008-2 — Order Designating the Minister of the Environment as Appropriate Minister with Respect to the Canada Emission Reduction Incentives Agency for Purposes of the Act;

SI/2008-3 — Order Designating the President of the Treasury Board as Appropriate Minister with Respect to the Canada School of Public Service for Purposes of the Act;

SI/2008-4 — Order Designating the Minister of Agriculture and Agri-Food as Appropriate Minister with Respect to the Canadian Food Inspection Agency for Purposes of the Act;

SI/2008-5 — Order Designating the Minister of Health as Appropriate Minister with Respect to the Canadian Institutes of Health Research for Purposes of the Act;

SI/2008-6 — Order Designating the Minister of Natural Resources as Appropriate Minister with Respect to the Canadian Nuclear Safety Commission for Purposes of the Act;

SI/2008-7 — Order Designating the Minister of Indian Affairs and Northern Development as Appropriate Minister with Respect to the Canadian Polar Commission for Purposes of the Act;

SI/2008-8 — Order Designating the Prime Minister as Appropriate Minister with Respect to the Canadian Transportation Accident Investigation and Safety Board for Purposes of the Act;

SI/2008-9 — Order Designating the Minister of Justice as Appropriate Minister with Respect to the Law Commission of Canada for Purposes of the Act;

SI/2008-10 — Order Designating the Minister of the Environment as Appropriate Minister with Respect to the National Round Table on the Environment and the Economy for Purposes of the Act;

SI/2008-11 — Order Designating the Minister of Human Resources and Skills Development as Appropriate Minister with Respect to the Canada Employment Insurance Commission for Purposes of the Act;

SI/2008-12 — Order Designating the Minister of National Revenue as Appropriate Minister with Respect to the Canada Revenue Agency for Purposes of the Act;

SI/2008-13 — Order Designating the Minister of Canadian Heritage as Appropriate Minister with Respect to the National Battlefields Commission for Purposes of the Act;

SI/2008-14 — Order Designating the Minister of Industry as Appropriate Minister with Respect to the National Research Council of Canada for Purposes of the Act;

SI/2008-15 — Order Designating the Minister of Industry as Appropriate Minister with Respect to the Natural Sciences and Engineering Research Council of Canada for Purposes of the Act;

SI/2008-17 — Pierre Dupuis Remission Order;

SI/2008-18 — Order Fixing January 31, 2008 as the Date of the Coming into Force of the Act; and,

SI/2008-19 — Order Fixing February 1, 2008 as the Date of the Coming into Force of the Act.

At 9:38 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)