Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 13 - Minutes - December 3, 2009

OTTAWA, Thursday, December 3, 2009
(14)

[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. Andrew Kania, presiding.

Representing the Senate: The Honourable Senators Harb, Hervieux-Payette, P.C., and Ogilvie (3).

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

Acting member present for the House of Commons: Christian Ouellet for Gérard Asselin (1)

Also present: Bonnie Charron, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Shawn Abel, 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.

It was agreed that Evelyne Borkowski-Parent be designated counsel to the joint committee.

In the matter of SOR/2007-206 — Regulations Amending Certain Regulations Made under the Hazardous Products Act (Flame Resistance Test Method), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Health Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-230 — Order Amending Part II of the Schedule I to the Hazardous Products Act (Lighters), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Health Canada with respect to certain comments made by the committee, after which the file would be closed.

In the matter of SOR/2008-282 — Order Amending the Import Control List, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Foreign Affairs and International Trade Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-343 — Canadian Artists and Producers Professional Relations Tribunal Procedural Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Artists and Producers Professional Relations Tribunal with respect to certain comments made by the committee.

In the matter of SOR/98-166 — Regulations Amending the Patented Medicines (Notice of Compliance) 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/91-365 — Pari-Mutual Betting Supervision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-208 — Packaging and Transport of Nuclear Substances Regulations; and SOR/2003-405 — Regulations Amending Certain Regulations made under the Nuclear Safety and Control Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Nuclear Safety Commission with respect to certain comments made by the committee.

In the matter of SOR/2003-2 — On-Road Vehicle and Engine Emission Regulations; and SOR/2006-268 — Regulations Amending the On-Road Vehicle and Engine Emission 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/2006-191 — Regulations Amending the Nuclear Security Regulations, it was agreed that counsel to the committee prepare a draft letter to the Designated Instruments Officer of the Canadian Nuclear Safety Commission to be reviewed by the joint committee at its next meeting.

In the matter of SOR/2007-135 — Phytophthora Ramorum Compensation Regulations, it was agreed that counsel to the committee prepare a draft letter to the Designated Instruments Officer of the Canadian Food Inspection Agency to be reviewed by the joint committee at its next meeting.

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 Foreign Affairs and International Trade Canada with respect to certain comments made by the committee.

In the matter of SI/2008-20 — Order Respecting the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nành' Geenjit Gwitr'it Tigwaa'in/Working for the Land: Gwich'in Land Use Plan), N.W.T.; and SI/2008-104 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Eeyou Marine Region) Order, 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, after which the file would be closed.

In the matter of SOR/92-636 — List of Hazardous Waste Authorities, 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/94-34 — Aviation Occupational Safety and Health Regulations amendment, 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/95-105 — On Board Trains Occupational Safety and Health Regulations, amendment, 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 SOR/2003-317 — Regulations Amending the Canada Business Corporations Regulations, 2001, 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/2004-263 — Regulations Amending Certain Regulations Made under the Fisheries Act (Miscellaneous Program); SOR/2000-108 — Export Control List Notification Regulations; and SOR/2002-317 — Export of Substances Under the Rotterdam Convention 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 SOR/96-423 — Patent Rules; SOR/2003-208 — Rules Amending the Patent Rules; SOR/2005-175 — Regulations Amending the Reporting of Imported Goods Regulations; and SOR/2007-235 — Regulations Amending the Pest Control Products Sales Information Reporting Regulations (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.

The committee considered the following Statutory Instruments without comment:

SOR/2009-147 — Regulations Amending the Canada Occupational Health and Safety Regulations;

SOR/2009-149 — Regulations Amending the Nunavut Archaeological and Palaeontological Sites Regulations (Miscellaneous Program);

SOR/2009-150 — Regulations Amending the First Nations Oil and Gas and Moneys Management Voting Regulations (Miscellaneous Program);

SOR/2009-187 — Regulations Amending the Employment Insurance Regulations;

SOR/2009-267 — Regulations Amending the Designated Provisions (Customs) Regulations (Miscellaneous Program);

SOR/2009-21 — Order Amending the Fishing Zones of Canada (Zones 4 and 5) Order;

SOR/2009-22 — Order Amending the Fishing Zones of Canada (Zone 6) Order;

SOR/2009-26 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2009-30 — Regulations Repealing the Importation of Periodicals Regulations;

SOR/2009-31 — Order Repealing the Temporary Importation Remission Order, No. 1 (Customs Tariff);

SOR/2009-34 — Regulations Amending the Motor Vehicle Safety Regulations (Door Locks and Door Retention Components);

SOR/2009-35 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2009-36 — Order Amending Schedule IV to the Financial Administration Act;

SOR/2009-37 — Order Amending Part II of Schedule VI to the Financial Administration Act;

SOR/2009-65 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2009-67 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b) Exemption Order (Security, Safety and International Relations), No. 2009-1;

SOR/2009-68 — Critical Habitats of the Northeast Pacific Northern and Southern Resident Populations of the Killer Whale (Orcinus orca) Order;

SOR/2009-69 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2009-70 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2009-72 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2009-73 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2009-74 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2009-75 — Regulations Amending the Migratory Birds Regulations;

SOR/2009-77 — Regulations Amending the Moose Jaw Airport Zoning Regulations (Miscellaneous Program);

SOR/2009-78 — Regulations Amending the Atlantic Pilotage Authority Regulations;

SOR/2009-80 — Order Amending Schedule IV to the Weights and Measures Act;

SOR/2009-81 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2009-82 — Order 2009-87-01-01 Amending the Domestic Substances List;

SOR/2009-83 — Regulations Amending the Northwest Territories Fishery Regulations;

SOR/2009-85 — T.C.I. Manufacturing Inc. Remission Order;

SOR/2009-87 — Regulations Amending the Employment Insurance (Fishing) Regulations;

SOR/2009-91 — Regulations Amending the Fertilizers Regulations;

SOR/2009-99 — Regulations Amending the National Parks Wilderness Area Declaration Regulations;

SOR/2009-104 — Order Amending the Merchant Seamen Compensation Order, 1992;

SOR/2009-105 — Regulations Amending the Immigration and Refugee Protection Regulations (temporary resident visa exemption for nationals of Croatia);

SOR/2009-106 — Order 2009-87-01-02 Amending the Domestic Substances List;

SOR/2009-107 — Order Amending the Schedule to the Export and Import of Rough Diamonds Act;

SOR/2009-113 — Regulations Amending the Fees for Documents Regulations;

SOR/2009-114 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2009-116 — Regulations Amending the Food and Drug Regulations (1540 — Schedule F);

SOR/2009-117 — Regulations Amending the Food and Drug Regulations (1578 — Schedule F);

SOR/2009-118 — Regulations Amending the Food and Drug Regulations (1583 — Schedule F);

SOR/2009-119 — Regulations Amending the Food and Drug Regulations (1584 — Schedule F);

SOR/2009-120 — Regulations Amending the Food and Drug Regulations (1590 — Schedule F).

At 9:57 a.m., the committee adjourned to the call of the joint chair.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)