Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 12 - Minutes - November 19, 2009

OTTAWA, Thursday, November 19, 2009
(13)

[Français]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:32 a.m., this day, in Room 256-S, Centre Block, the joint chair, the Honourable Senator John Wallace, presiding.

Members of the committee present: The Honourable Senators Harb, Hervieux-Payette, P.C., Ogilvie and Wallace (4).

Representing the House of Commons: Gérard Asselin, Dona Cadman, Royal Galipeau, Randy Hoback, Derek Lee, Brian Masse, Andrew Saxton, Devinder Shory and Paul Szabo (9).

Acting Members present for the House of Commons: France Bonsant for Christiane Gagnon, Bonnie Crombie for Andrew Kania and Ed Fast for Earl Dreeshen (3).

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 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.

The committee considered the matter of Incorporation by Reference — Draft Recommendations to the Minister of Justice.

In the matter of SOR/97-555 — Broadcasting Distribution Regulations; SOR/87-49 — Television Broadcasting Regulations, 1987; SOR/90-105 — Pay Television Regulations, 1990; SOR/90-106 — Specialty Services Regulations, 1990; SOR/92-609 — Radio Regulations, 1986, amendment; SOR/92-611 — Television Broadcasting Regulations, 1987, amendment; SOR/93-420 — Broadcasting Information Regulations, 1993; SOR/2003-29 — Regulations Amending the Broadcasting Distribution Regulations; SOR/2003-458 — Regulations Amending the Broadcasting Distribution Regulations; SOR/2006-107 — Regulations Amending the Specialty Services Regulations, 1990; and SOR/2006-108 — Regulations Amending the Pay Television Regulations, 1990, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Radio-Television and Telecommunications with respect to certain comments made by the committee.

In the matter of SOR/2002-352 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII), 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/94-785 — Retirement Compensation Arrangements Regulations, No. 1, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2007-302 — Regulations Amending the Food and Drug Regulations and the Dairy Products 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/96-476 — Airport Traffic Regulations, amendment, 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/2005-35 — Canadian Transportation Agency General Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Transportation Agency with respect to certain comments made by the committee.

In the matter of SOR/2006-6 — Public Service Staffing Tribunal Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Public Service Staffing Tribunal with respect to certain comments made by the committee.

In the matter of SOR/2007-99 — Load Line 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/2007-180 — Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 106, 116, 118, 123, 124, 209, 302 and 401) and the 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/2008-20 — Regulations Amending the Health of Animals Regulations, it was agreed that the file be closed.

In the matter of SOR/94-348 — Royal Canadian Mounted Police Pension Continuation Regulations, amendment; SOR/95-571 — Royal Canadian Mounted Police Superannuation Regulations, amendment; and SOR/98-531 — Regulations Amending the Royal Canadian Mounted Police Superannuation Regulations, 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/2002-307 — Marine Liability 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/2000-184 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2000-1 (Miscellaneous Program), it was agreed that the joint chairs correspond with the President of the Canadian Food Inspection Agency and Minister of Agriculture and Agri- Food with respect to certain comments made by the committee.

In the matter of SOR/93-220 — Historic Canals Regulations; SOR/2005-350 — Regulations Amending the National Parks Domestic Animals Regulations, 1998; SOR/2008-72 — Regulations Amending the Motor Vehicle Safety Regulations (Seat Belt Anchorages, User-ready Tether Anchorages, Lower Universal Anchorage Systems, Built-in Child Restraint Systems and Built-in Booster Cushions) and the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations; and SOR/2008-277 — Regulations Amending the Canadian Aviation Regulations (Part VI), 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/94-651 — Energy Efficiency Regulations; SOR/2009-94 — Regulations Amending the Pest Control Products Incident Reporting Regulations (Miscellaneous Program); SOR/2009-163 — Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program); SOR/2009-252 — Regulations Amending the Regulations Respecting Applications for Permits for Disposal at Sea (Miscellaneous Program); and SOR/2009-286 — Regulations Amending the Letter 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.

The committee considered the following Statutory Instruments without comment:

SOR/2008-102 — Conference of Defence Ministers of the Americas (CDMA) Privileges and Immunities Order, 2008;

SOR/2008-109 — Aircraft Objects Regulations;

SOR/2008-145 — Regulations Amending the Firearms Fees Regulations;

SOR/2008-146 — Regulations Amending the Firearms Licences Regulations;

SOR/2008-171 — Order 2008-87-02-01 Amending the Domestic Substances List;

SOR/2008-172 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2008-173 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2008-184 — Order 2007-66-11-01 Amending the Domestic Substances List;

SOR/2008-190 — Order Amending Part I of Schedule I to the Hazardous Products Act (Baby Walkers) (Miscellaneous Program);

SOR/2008-191 — Regulations Amending the Garnishment and Attachment Regulations;

SOR/2008-192 — Order 2008-87-01-01 Amending the Domestic Substances List;

SOR/2008-196 — Evaluation of Impaired Operation (Drugs and Alcohol) Regulations;

SOR/2008-198 — Regulations Amending the Corrections and Conditional Release Regulations;

SOR/2008-201 — Order Amending the Automatic Firearms Country Control List;

SOR/2008-203 — Order Amending the Import Control List;

SOR/2008-204 — Regulations Amending the Food and Drug Regulations (1536 and 1550 — Schedule F);

SOR/2008-205 — Regulations Amending the Food and Drug Regulations (1575 — Schedule F);

SOR/2008-206 — Regulations Amending the Food and Drug Regulations (1530 — Schedule F);

SOR/2008-207 — Regulations Amending the Food and Drug Regulations (1508 — Schedule F);

SOR/2008-212 — Order Designating Manitoba for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code;

SOR/2008-213 — Order 2008-87-03-01 Amending the Domestic Substances List;

SOR/2008-214 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2008-215 — Regulations Amending the Members of Committees and Special Committees (NAFTA) Regulations;

SOR/2008-220 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2008-221 — Order 2008-87-03-03 Amending the Domestic Substances List;

SOR/2008-223 — Rules Amending the Bankruptcy and Insolvency General Rules;

SOR/2008-224 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2008-225 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2008-226 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2008-227 — Order Amending the Off Grades of Grain and Grades of Screenings Order;

SOR/2008-232 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2008-234 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act (Kahkewistahaw);

SOR/2008-235 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act (Whitecap Dakota First Nation);

SOR/2008-237 — Regulations Amending the Automobile Operating Expense Benefit (GST/HST) Regulations;

SOR/2008-238 — Regulations Amending the Selected Listed Financial Institutions Attribution Method (GST/ HST) Regulations;

SOR/2008-243 — Order Amending the Ontario Hog Charges (Interprovincial and Export) Order;

SOR/2008-251 — Regulations Amending the Designated Provisions Regulations;

SOR/2008-260 — Regulations Amending the Food and Drug Regulations (1576 — Schedule F);

SOR/2008-265 — Regulations Amending the Property Assessment and Taxation (Railway Right-of-Way) Regulations;

SOR/2008-267 — Order Amending the Schedule to the First Nations Land Management Act; and

SOR/2008-271 — Regulations Amending the Returning Persons Exemption Regulations.

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

ATTEST:

Denis Robert

Acting Joint Clerk of the Committee (Senate)