Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 2 - Minutes of Proceedings - December 6, 2007

OTTAWA, Thursday, December 6, 2007
(3)

[English]

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 Senator J. Trevor Eyton and Mr. Derek Lee, presiding.

Representing the Senate: The Honourable Senators Bacon, Bryden, Eyton, Harb and Moore (5).

Representing the House of Commons: Sue Barnes, David Christopherson, Ken Epp, Carole Freeman, Monique Guay, Rahim Jaffer, Denis Lebel, Derek Lee, Rick Norlock, Pierre Poilievre, Paul Szabo and Tom Wappel (12).

Other member present: Guy Lauzon (1).

Also present: Christine Lafrance and Mike MacPherson, Joint Clerks of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Lindsay Armstrong, 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.

The committee considered a draft report — Incorporation by Reference.

The Honourable Senator Harb moved that the report, as amended, be adopted.

The question being put on motion, it was adopted.

In the matter of Parks Canada Master List of Fees 2003-2004, it was agreed that the joint chairs correspond with the Minister of Public Safety with respect to certain comments made by the committee.

In the matter of SOR/2005-241 — Regulations Amending the Gun Shows Regulations; SOR/2005-242 — Regulations Amending the Firearms Marking Regulations, it was agreed that the joint chairs correspond with the Minister of Public Safety with respect to certain comments made by the committee.

In the matter of 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 correspond with the Minister of Industry with respect to certain comments made by the committee.

In the matter of SOR/2001-111 — Regulations Amending the Meat Inspection Regulations, 1990, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board with respect to certain comments made by the committee.

In the matter of SOR/2003-284 — Regulations Amending the Canada Grain Regulations, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board with respect to certain comments made by the committee.

In the matter of SOR/2004-221 — United Nations Iraq Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Foreign Affairs and International Trade Canada with respect to certain comments made by the committee.

In the matter of SOR/95-233 — Saskatchewan Fishery Regulations, 1995, it was agreed that the joint chairs correspond with the Minister of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/90-264 — Marine Machinery 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/98-159 — Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations; SOR/ 98-160 — Regulations Amending the Motor Vehicle Safety Regulations (Restraint Systems Consequential Amendments), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-3 — Regulations Amending the Pulp and Paper Effluent Regulations, it was agreed that counsel to the committee correspond with the Minister of the Environment with respect to certain comments made by the committee.

In the matter of SOR/95-26 — Special Import Measures Regulations, amendment, 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/2000-138 — Regulations Amending the Special Import Measures Regulations, 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/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 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/2002-162 — Guidelines Respecting Control in Fact for the Purpose of Subsection 407.2(1) of the Insurance Companies Act; 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/2006-236 — Canada Deposit Insurance Corporation Application for Deposit Insurance By- law, it was agreed that the file be closed.

In the matter of SOR /2006-245 — Short-term Pooled Investment Fund Regulations, it was agreed that the file be closed.

In the matter of National Farm Products Council Guidelines for Complaints, it was agreed that the file be closed.

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/2001-219 — Northwest Territories Archaeological Sites Regulations; SOR/2001-220 — Nunavut Archaeological and Palaeontological Sites Regulations; SOR/2006-91 — Regulations Amending the Food and Drug Regulations (1014 — Wine Standard); SOR/2006-261 — Pest Control Products Sales Information Reporting Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Indian and Northern Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/77-1117 — Air Regulations, amendment; SOR/78-473 — Air Regulations, amendment, it was agreed that the files be closed.

The committee considered the following statutory instruments:

SOR/2007-110 — Regulations Repealing Certain Regulations Made Under the Plant Protection Act;

SOR/2007-150 — Regulations Amending the Cosmetic Regulations (Miscellaneous Program);

SOR/2007-165 — Repealing Order in Council P.C. 2004-876 and Making Direction Applying the Auditor General Act Sustainable Development Strategy Requirements to Certain Department;

SOR/2007-208 — Regulations Amending Certain Instruments Made under the Nuclear Safety and Control Act (Miscellaneous Program).

The committee considered the following statutory instruments without comment:

SI/2007-37 — Citizenship Fees Remission Order;

SI/2007-40 — Order Amending the Order Awarding of a Bar ``ALLIED FORCE'' to the General Service Medal (Aviano and Vicenza, Italy);

SI/2007-41 — Non-Article 5 North Atlantic Treaty Organization (NATO) Medal for NATO Logistical Support to the African Union Mission in Sudan (AMIS) Order;

SI/2007-42 — United Nations Mission in Sudan (UNMIS) Medal Order;

SI/2007-48 — Order Amending the Judges Act (Removal Allowance) Order;

SI/2007-49 — Order Fixing April 20, 2007 as the Date of the Coming into Force of Certain Provisions of the Act;

SI/2007-61 — Prince Albert National Park of Canada Land Rents Remission Order;

SI/2007-63 — Order Selecting an Approach for the Long-term Management of Nuclear Fuel Waste;

SI/2007-64 — Order Fixing June 30, 2007 and June 23, 2008 as the Dates of the Coming into Force of Certain Sections of the Act;

SI/2007-67 — Order Fixing December 1, 2007 as the Date of the Coming into Force of Section 8 of the Act;

SI/2007-73 — VF Imagewear, Inc. Remission Order;

SI/2007-74 — Horst Schenk Remission Order;

SI/2007-75 — Order Fixing July 9, 2007 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2007-76 — Proclamation Designating the ``Fire Prevention Week'';

SI/2007-79 — Order Fixing August 3, 2007 as the Date of the Coming into Force of Certain Sections of the Act;

SOR/90-738 — Immigration Appeal Division Rules;

SOR/92-415 — Aboriginal Fisheries Agreements Regulations;

SOR/92-435 — Genuine Gun Collector Regulations;

SOR/93-464 — Pest Control Products Regulations, amendment;

SOR/94-185 — Canada Business Corporations Regulations, amendment;

SOR/95-407 — Canada Business Corporations Regulations, amendment;

SOR/98-273 — Regulations Amending the Canada Business Corporations Regulations;

SOR/2003-230 — Regulations Amending the Retirement Compensation Arrangements Regulations, No. 1;

SOR/2004-201 — Regulations Amending the Railway Interswitching Regulations.

At 10:03 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)