Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 11 - Minutes - November 5, 2009

OTTAWA, Thursday, November 5, 2009
(12)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:38 a.m., this day, in Room 256-S, Centre Block, the Honourable Senator John Wallace, Joint Chair, presiding.

Members of the committee present: The Honourable Senators Hervieux-Payette, P.C., Ogilvie and Wallace (3).

Representing the House of Commons: Gérard Asselin, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Derek Lee, Andrew Saxton and Devinder Shory (8).

Acting Members present for the House of Commons: Joe Comartin for Brian Masse and Bonnie Crombie for Andrew Kania (2).

Also present: Joann Garbig, Acting 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 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.

In the matter of Report No. 80 — Incorporation by Reference, it was agreed that this matter be deferred to the meeting of November 19, 2009, for consideration at that time.

In the matter of SOR/97-6 — Feeds Regulations, 1983, amendment; SOR/97-9 — Seeds Regulations, amendment; and SOR/2001-274 — Regulations Amending the Seeds Regulations, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food Canada and with the Minister for the Canadian Wheat Board with respect to certain comments made by the committee.

In the matter of SOR/2005-39 — Regulations Amending the Veterans Health Care 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/2008-135 — Order Amending Schedule I to the Access to Information Act; SOR/2008-136 — Order Amending the Schedule to the Privacy Act, it was agreed that counsel to the committee correspond with the Clerk of the Privy Council and Secretary to the Cabinet with respect to certain comments made by the committee.

In the matter of SOR/2001-520 — Canada Industrial Relations Board Regulations, 2001, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canada Industrial Relations Board with respect to certain comments made by the committee.

In the matter of SOR/2004-68 — Regulations Amending the Veterans Allowance Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Veterans Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-282 — Directive to the Canadian Nuclear Safety Commission Regarding the Health of Canadians, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Natural Resources Canada with respect to certain comments made by the committee.

In the matter of SOR/96-484 — Radiocommunication 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 SOR/98-437 — Regulations Amending the Radiocommunication Regulations; SOR/99-107 — Regulations Amending the Radiocommunication Regulations; and SOR/2001-533 — Regulations Amending the Radiocommunication 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 SOR/98-159 — Motor Vehicle Restraint Systems and Booster Cushions Safety 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/2003-105 — Seaway Property 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/2006-102 — Traffic on the Land Side of Airports 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/2006-239 — Regulations Amending the Metal Mining Effluent Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of C.R.C. c. 1486 — Small Fishing Vessel Inspection 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/2004-214 — Regulations Amending the Canadian Aviation Regulations (Part I), it was agreed that the file be closed.

In the matter of SOR/2008-258 — Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 110 and 120) and Motor Vehicle Tire Safety Regulations, 1995, it was agreed that the file be closed.

In the matter of SOR/98-526 — Regulations Amending the Canadian Aviation Regulations (Parts I and V), 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/2005-149 — Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-288 — Stamping and Marking of Tobacco Products Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canada Revenue Agency with respect to certain comments made by the committee.

In the matter of SOR/2007-13 — Regulations Amending the Canada Pension Plan Investment Board 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/2007-29 — Regulations Amending the Public Service Superannuation 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/87-259 — Postal Services Interruption Regulations; SOR/87-260 — Prohibited Mail Regulations, amendment; SOR/2006-157 — Order Amending the Schedule to the Insurance Companies Act; SOR/ 2007-63 — Service of Documents Required or Authorized To Be Served Under Sections 53 to 57 of the Conflict of Interest Act Regulations; and SOR/2008-151 — Regulations Amending the Pacific Pilotage Tariff Regulations (Additional Charges), 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/2009-64 — Regulations Amending the Great Lakes Pilotage Regulations; SOR/2009-123 — Regulations Amending the Traffic on the Land Side of Airports Regulations; SOR/2009-167 — Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program); SOR/2009-185 — Standing Orders Amending the Commissioner's Standing Orders (Dispute Resolution Process for Promotions and Job Requirements); and SOR/2009-220 — Regulations Amending Certain Canadian Food Inspection Agency Regulations, it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/2009-6 — Eugene Skripkariuk Remission Order;

SI/2009-7 — Catherine Bland Remission Order;

SI/2009-8 — Jessica McKenna Remission Order;

SI/2009-13 — Order Repealing Order in Council P.C. 2003-2076 of December 12, 2003;

SOR/2005-101 — Regulations Amending the Wild Animal and Plant Trade Regulations;

SOR/2006-135 — Regulations Amending the Employment Insurance Regulations;

SOR/2006-179 — Regulations Amending the Canadian Chicken Licensing Regulations;

SOR/2006-200 — Regulations Amending the Income Tax Regulations;

SOR/2006-205 — Regulations Amending the Income Tax Regulations (Schedule VIII);

SOR/2006-208 — Regulations Amending the Pension Benefits Standards Regulations, 1985;

SOR/2006-249 — Regulations Amending the Income Tax Regulations (Capital Cost Allowance Forestry — Bioenergy Equipment);

SOR/2006-250 — Regulations Amending the Income Tax Regulations (Motor Vehicle Expenses and Benefits 2006);

SOR/2006-259 — Regulations Amending the Insurable Earnings and Collection of Premiums Regulations;

SOR/2006-274 — Order Amending the Saskatchewan Canola Development Commission Levies Order;

SOR/2006-296 — Regulations Amending the Family Support Orders and Agreements Garnishment Regulations;

SOR/2006-331 — Regulations Amending the Canadian Chicken Licensing Regulations;

SOR/2007-25 — Order Establishing the Text of a Resolution Providing for the Extension of the Application of Sections 83.28, 83.29 and 83.3 of the Criminal Code;

SOR/2007-43 — Regulations Amending the Federal Real Property Regulations;

SOR/2007-138 — Regulations Amending the Wildlife Area Regulations;

SOR/2007-139 — Regulations Amending the Migratory Birds Regulations;

SOR/2007-168 — Regulations Amending the Canadian Chicken Licensing Regulations;

SOR/2007-202 — Regulations Amending the Automobile Operating Expense Benefit (GST/HST) Regulations;

SOR/2007-233 — Regulations Amending the Non-smokers' Health Regulations;

SOR/2007-247 — Order Amending the Proposed Regulations Amending the Laurentian Pilotage Authority Regulations;

SOR/2007-253 — Regulations Amending the Laurentian Pilotage Tariff Regulations;

SOR/2008-14 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2008-49 — Regulations Amending the Income Tax Regulations (Members of the Canadian Forces and Police Officers);

SOR/2008-51 — Order Amending the Schedule to the First Nations Land Management Act;

SOR/2008-54 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2008-56 — Order 2007-87-12-01 Amending the Domestic Substances List;

SOR/2008-74 — Regulations Amending the Family Support Orders and Agreements Garnishment Regulations; and

SOR/2008-92 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order.

At 10:08 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)