Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 9 - Minutes - October 8, 2009

OTTAWA, Thursday, October 8, 2009
(10)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:37 a.m., this day, in room 256-S, Centre Block.

Members of the committee present: The Honourable Senators Hervieux-Payette, P.C., Moore, Ogilvie, Pépin and Wallace (5).

Representing the House of Commons: Gérard Asselin, Dona Cadman, Earl Dreeshen, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, Andrew Saxton, Devinder Shory and Paul Szabo (11).

Acting Members present for the House of Commons: Meili Faille for Christiane Gagnon (1).

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

In attendance: The official reporters of the Senate.

The Senate joint clerk presided over the election of the joint chair, Senate.

Earl Dreeshen moved that the Honourable Senator Wallace be joint chair of the committee.

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

The House of Commons joint clerk presided over the election of the joint chair, House of Commons.

Paul Szabo moved that Andrew Kania be joint chair of the committee.

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

The House of Commons joint clerk presided over the election of the vice-chairs.

Andrew Saxton moved that Royal Galipeau be vice-chair of the committee.

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

Gérard Asselin moved that Brian Masse be vice-chair of the committee.

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

The committee continued its consideration of 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.

It was agreed that the report to the Committee on the Australia New-Zealand Scrutiny of Regulations Conference of July 2009 be tabled.

In the matter of Government Response to the Second Report (Report No. 83), it was agreed that the joint chairs correspond with the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians with respect to certain comments made by the committee.

In the matter of C.R.C. c. 954 — Indian Estates Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Indian and Northern Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/93-108 — Quebec Beef Cattle Producers' Levies or Charges (Interprovincial and Export Trade) Order, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food Canada and Minister for the Canadian Wheat Board with respect to certain comments made by the committee.

In the matter of SOR/98-2 — Regulations Amending the Fish Inspection 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/99-169 — Regulations Amending the Fish Inspection 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/2002-435 — Regulations Amending the Fish Inspection 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/2001-532 — Telecommunications Apparatus Regulations, it was agreed that the joint chairs correspond with the Minister of Industry Canada with respect to certain comments made by the committee.

In the matter of SOR/2005-383 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Public Safety Canada and 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/2003-241 — Regulations Amending the Customs Bonded Warehouses Regulations, it was agreed that the file be closed.

In the matter of SOR/2002-421 — Canadian Forces Employment Equity Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2006-242 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, it was agreed that the joint chairs correspond with the Minister of Industry Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-116 — Lobbyists Registration Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2001-167 — Regulations Amending the Meat Inspection Regulations, 1990, 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/2004-280 — Regulations Amending the Meat Inspection Regulations, 1990, 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/2004-27 — Regulations Amending the Collision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2006-148 — Regulations Amending the Reporting of Imported Goods Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2006-155 — Regulations Amending the Reporting of Imported Goods Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2006-193 — Regulations Amending the Egg Regulations, 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/2008-25 — Regulations Amending the Reporting of Imported Goods Regulations, it was agreed that the file be closed.

In the matter of SOR/2005-320 — Regulations Amending the Canadian Aviation Regulations (Part IV); SOR/2008- 155 — Regulations Amending the Regulations Specifying Investigative Bodies; and SOR/2008-285 — Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act (Miscellaneous Program), 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/2004-180 — Order Amending the Ontario Hog Charges (Interprovincial and Export) Order; SOR/2008-169 — Regulations Amending Certain Regulations Made under the Copyright Act (Miscellaneous Program); SOR/2008-183 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations; SOR/2009-134 — Proclamation Amending the Canadian Beef Cattle Research, Market Development and Promotion Agency Proclamation, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2009-5 — Order Transferring from the Department of Finance to the Treasury Board the Control and Supervision of Certain Portions of the Federal Public Administration;

SI/2009-9 — Order Transferring from the Public Service Human Resources Management Agency of Canada to the Privy Council Office the Control and Supervision of the Public Service Renewal Taskforce Branch;

SI/2009-15 — Order Fixing February 19, 2009 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2009-17 — Wendy Drever Remission Order;

SI/2009-18 — Les Filles de la Sagesse d'Ontario Remission Order;

SI/2009-19 — Maison Accueil-Sagesse Remission Order;

SI/2009-20 — List of Wildlife Species at Risk (decision not to add or referral back to COSEWIC) Order;

SI/2009-21 — Fishers Remission Order;

SI/2009-25 — Order Fixing March 31, 2009 as the Date of the Coming into Force of Part 7 of the Act;

SI/2009-26 — Lorie A. Poirier Remission Order;

SI/2009-37 — Sherri-Lee Merson Remission Order;

SI/2009-38 — Order Fixing July 1, 2009 as the Date of the Coming into Force of the Act;

SI/2009-40 — Proclamation Designating the ``Fire Prevention Week'';

SI/2009-42 — Order Fixing June 1, 2009 as the Date of the Coming into Force of Part 5 of the Act;

SI/2009-43 — Cape Jourimain Nature Centre Remission Order;

SI/2009-44 — Jared Torgerson Remission Order;

SI/2009-51 — Pierre Gosselin Remission Order;

SI/2009-52 — Order Fixing September 28, 2009 as the Date of the Coming into Force of the Act;

SI/2009-53 — Order Fixing June 16, 2009 as the Date of the Coming into Force of the Act, Except Section 5;

SI/2009-54 — Two Ontario Ferry Operators Remission Order;

SI/2009-55 — Nelly Bituala-Mayala Remission Order;

SI/2009-57 — Order Fixing July 1, 2009 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2009-58 — Laurie's Recycling & Waste Services Inc. Remission Order;

SI/2009-59 — Order Fixing August 1, 2009 as the Date of the Coming into Force of Section 104 of the Act;

SI/2009-60 — Order Fixing July 13, 2009 as the Date of the Coming into Force of Section 297 of the Act;

SI/2009-66 — Order Fixing August 1, 2009 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2009-67 — Order Fixing August 1, 2009 as the Date of the Coming into Force of the Act;

SI/2009-68 — Order Fixing September 18, 2009 as the Date of the Coming into Force of Certain Sections of the Acts;

SI/2009-69 — Rosa Amorim Remission Order;

SI/2009-70 — Margaret Brule Remission Order;

SI/2009-71 — Gagné-Lessard Sports Inc. Remission Order;

SI/2009-72 — Order Fixing August 1, 2009 as the Date of the Coming into Force of the Act.

At 10:07 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)