Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - November 22, 2007

OTTAWA, Thursday, November 22, 2007
(2)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:35 a.m., this day, in room 256-S, Centre Block, the Joint Chair, Mr. Derek Lee, M.P., presiding.

Members of the committee present:

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

Representing the House of Commons: Sue Barnes, David Christopherson, Ken Epp, Roger Gaudet, Monique Guay, Denis Lebel, Derek Lee, Rick Norlock, Pierre Poilievre, Paul Szabo and Tom Wappel (11).

Other member present: Randy Kamp (1).

Also present: Mike Macpherson, 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/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 counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/99-256 — Canada Cooperatives Regulations; SOR/2001-513 — Regulations Amending the Canada Cooperatives Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Industry Canada with respect to certain comments made by the committee.

In the matter of SI/2006-121 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Estonia Comes Into Force on November 1, 2006; SI/2006-122 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Latvia Comes Into Force on November 1, 2006; SI/2006-123 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Lithuania Comes Into Force on November 1, 2006, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Privy Council Office with respect to certain comments made by the committee. It was also agreed that counsel to the committee correspond with the chief parliamentary counsel asking for his comments.

In the matter of SOR/2007-23 — Regulations Amending the Laurentian Pilotage Tariff Regulations; SOR/2006-339 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Office of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-181 — Commissioner's Standing Orders (Grievances), it was agreed that the file be closed.

In the matter of SOR/2002-60 — Regulations Amending the Canadian Aviation Regulations (Part IV), it was agreed that the joint chairs correspond with the Minister of Transport Canada, with respect to certain comments made by the committee.

In the matter of SOR/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Foreign Affairs and International Trade with respect to certain comments made by the committee.

The committee considered SOR/2004-221 — United Nations Iraq Regulations.

In the matter of Weights and Measures Specifications, SGM-1 — ; Weights and Measures Specifications, SGM-3 — ; Weights and Measures Specifications, SGM-7 — , 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 the Canadian Food Inspection Agency Fees Notice, as amended to March 30, 2002, it was agreed that counsel to the committee correspond with the Designated Instruments Office of the Canadian Food Inspection Agency.

In the matter of SOR/96-423 — Patent Rules; SOR/2003-208 — Rules Amending the Patent Rules, it was agreed that the joint chairs correspond with the Canadian Intellectual Property Office, with respect to certain comments made by the committee.

In the matter of SOR/2001-132 — Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and 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 correspond with the Designated Instruments Officer of the Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matter of SOR/2007-49 — FIFA Men's U-20 World Cup Canada 2007 Remission Order, 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 /2004-312 — Regulations Amending the Employment Insurance Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Human Resources and Social Development Canada with respect to certain comments made by the committee.

In the matter of SI/2006-137 — Order Respecting Ex-Gratia Payments to Persons who were in Conjugal Relationships with now Deceased Chinese Head Tax Payers or to Designated Beneficiaries, it was agreed that the file be closed.

In the matter of SOR/2003-376 — Regulations Amending the Undeliverable and Redirected Mail 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/2005-30 — Secure Electronic Signature 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/2006-196 — Order Amending the Export Control List, it was agreed that the file be closed.

In the matter of SOR/2006-333 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999, it was agreed that the file be closed.

In the matter of SOR/2003-75 — Canadian Egg Marketing Levies Order, it was agreed that the file be closed and it was also agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Agriculture and Agri-Food with respect to certain comments made by the committee.

In the matter of SOR/2004-153 — Regulations Amending the United Nations Liberia Regulations; SOR/2005-127 — United Nations Côte d'Ivoire 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/78-936 — Air Regulations, amendment, it was agreed that the file be closed.

In the matter of SOR/2004-203 — Regulations Amending the Railway Interswitching Regulations (Miscellaneous Program), the committee considered these regulations.

In the matter of SOR/2007-62 — Regulations Amending the Contraventions Regulations (Miscellaneous Program), the committee considered these regulations.

In the matter of SOR/2007-116 — Regulations Amending the Income Tax Regulations (Miscellaneous Program), the committee considered these regulations.

The committee considered the following statutory instruments without comment:

SOR/2006-103 — Regulations Amending the Denatured and Specially Denatured Alcohol Regulations;

SOR/2006-194 — Order Amending the Schedule to the Customs Tariff, 2006-1;

SOR/2006-197 — Regulations Amending the Medical Devices Regulations (1484);

SOR/2006-201 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act (2006-1);

SOR/2006-211 — Regulations Amending the Food and Drug Regulations (1184 — Modafinil);

SOR/2006-217 — Order Amending Schedule 1 to the Access to Information Act;

SOR/2006-218 — Order Amending the Schedule to the Privacy Act;

SOR/2006-237 — Order Amending the Indian Bands Council Elections Order (Heiltsuk Band);

SOR/2006-251 — Regulations Amending the Food and Drug Regulations (1421 — Schedule F);

SOR/2006-255 — Regulations Amending the Safety Management Regulations;

SOR/2006-336 — Order Amending the Schedule to the Security of Information Act;

SOR/2006-348 — Regulations Amending the Assets (Foreign Companies) Regulations;

SOR/2007-2 — Regulations Amending the Canadian Forces Superannuation Regulations (Canada Pension Plan);

SOR/2007-9 — Regulations Amending the International Letter-post Items Regulations;

SOR/2007-22 — Order Amending Part 1 of the Schedule to the Act;

SOR/2007-30 — Regulations Amending the Hazardous Products (Glazed Ceramics and Glassware) Regulations;

SOR/2007-67 — Egmont Group of Financial Intelligence Units Privileges and Immunities Order;

SOR/2007-69 — Order 2007-66-02-01 Amending the Domestic Substances List;

SOR/2007-70 — Order 2007-87-02-01 Amending the Domestic Substances List;

SOR/2007-93 — Regulations Amending the Copyright Regulations.

At 9:42 a.m., it was agreed that the committee adjourn to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)