Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - March 5, 2009

OTTAWA, Thursday, March 5, 2009
(2)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:53 a.m., this day, in room 256-S, Centre Block, the joint chairs, Senator Eyton and Mr. Andrew Kania, presiding.

Representing the Senate: The Honourable Senators Dickson, Eyton, Hervieux-Payette, P.C., Moore and Wallace (5).

Representing the House of Commons: David Anderson, Gérard Asselin, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, Paul Szabo and Terence Young (11)

Other member of Parliament present: Dona Cadman (1).

Also present: Maxime Ricard, 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.

Mr. Derek Lee moved that the issue of committee members taking part in the Australia — New Zealand Scrutiny of Legislation conference in July 2009 be referred to the Subcommittee on Agenda and Procedure.

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

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.

In the matter of SOR/89-93 — Ontario Fishery Regulations, 1989, 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/95-548 — Miscellaneous Amendments Regulations (Department of Agriculture and Agri- Food) 1995-2, it was agreed that the joint chairs correspond with the Department of Agriculture and Agri-Food 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 review their status at a later date and inform the committee of the action taken.

In the matters of C.R.C. c. 1325 — Public Land Mineral Regulations; SOR/2007-279 — Legislative Instruments Re- enactment Regulations, No. 1; SOR/2008-75 — Legislative Instruments Re-enactment Regulations, No. 2; SOR/2008- 125 — Legislative Instruments Re-enactment Regulations, No. 3; SOR/2008-154 — Legislative Instruments Re- enactment Regulations, No. 4; and SOR/2008-189 — Legislative Instruments Re-enactment Regulations, No. 5, it was agreed that the files be closed.

In the matter of SOR/2003-314 — Regulations Amending the Atlantic Fishery Regulations, 1985, it was agreed that the joint chairs correspond with the Department of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/2004-221 — United Nations Iraq Regulations, it was agreed that the file be closed.

In the matter of SOR/2002-301 — Interprovincial Movement of Hazardous Waste Regulations, it was agreed to adjourn to a future meeting of the committee.

In the matter of SOR/2001-512 — Canada Business Corporations Regulations, 2001, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Industry with respect to certain comments made by the committee.

In the matter of SOR/2003-196 — Natural Health Products Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the committee.

In the matter of SOR/2006-260 — Pest Control Products Incident Reporting Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the committee.

In the matter of SOR/2006-330 — Golden Nematode Compensation Regulations, it was agreed that the file be closed.

In the matter of SOR/95-500 — Power Line Crossing 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/2003-218 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Agriculture and Agri-food with respect to certain comments made by the committee.

In the matter of SOR/2003-219 — Passenger Information (Customs) Regulations; SOR/2006-146 — Regulations Amending the Canada Grain Regulations; SOR/2008-219 — Regulations Amending the Canada Grain Regulations; and SOR/2007-196 — Proclamation Amending the Canadian Broiler Hatching Egg Marketing Agency Proclamation, 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 C.R.C. c. 1191 — Railway Grade Separations Regulations, it was agreed that the file be closed.

In the matter of SOR/2003-240 — Regulations Amending the Temporary Importation (Tariff Item No. 9993.00.00) Regulations; SOR/2008-17 — Order Amending the Beef Cattle Research, Market Development and Promotion Levies Order; SOR/2008-23 — Regulations Amending the Designated Provisions (Customs) Regulations; and SOR/2008-284 — Regulations Amending the Special Services and Fees Regulations, it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/2008-34 — Order Fixing May 1, 2008 and July 2, 2008 as the Dates of the Coming into Force of Certain Sections of the Act;

SI/2008-35 — Order Fixing April 4, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-36 — Order Fixing April 14, 2008 as the Date of the Coming into Force of Section 10 of the Act;

SI/2008-41 — Order Fixing July 2, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-42 — Order Fixing April 18, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SOR/2005-48 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/2006-119 — Regulations Amending the Manitoba Fishery Regulations, 1987;

SOR/2006-311 — Insider Reports (Cooperative Credit Associations) Regulations;

SOR/2007-267 — Interest Rates (Air Travellers' Security Charge Act) Regulations;

SOR/2008-37 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2008-44 — Regulations Amending the Receipt and Deposit of Public Money Regulations, 1997;

SOR/2008-46 — Regulations Amending the Export Development Canada Exercise of Certain Powers Regulations;

SOR/2008-48 — Returnable Beverage Container (GST/HST) Regulations;

SOR/2008-78 — Regulations Amending the Proof of Origin of Imported Goods Regulations;

SOR/2008-79 — E.S. Fox Limited Remission Order;

SOR/2008-95 — Order Amending the Indian Bands Council Elections Order (Stone);

SOR/2008-98 — Regulations Amending the Manitoba Fishery Regulations, 1987;

SOR/2008-100 — Regulations Amending the Food and Drug Regulations (1541 — Schedule F);

SOR/2008-101 — Regulations Amending the Food and Drug Regulations (1528 — Schedule F);

SOR/2008-103 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act (Nisga'a Nation);

SOR/2008-105 — By-law Amending Certain Exemption from Deposit Insurance By-laws Made Under the Canada Deposit Insurance Corporation Act;

SOR/2008-106 — Order Amending the Approved Breath Analysis Instruments Order;

SOR/2008-107 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2008-108 — Regulations Amending the Food and Drug Regulations (1535 — Schedule F);

SOR/2008-110 — Order Amending Schedule III to the Financial Administration Act;

SOR/2008-117 — Designated Public Office Holder Regulations;

SOR/2008-127 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2008-128 — Order Amending Schedule IV to the Financial Administration Act;

SOR/2008-129 — Order Amending Part III of Schedule VI to the Financial Administration Act;

SOR/2008-130 — Order Amending Schedule I to the Access to Information Act;

SOR/2008-131 — Order Amending the Schedule to the Privacy Act;

SOR/2008-132 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2008-133 — Order Amending Schedule IV to the Financial Administration Act;

SOR/2008-134 — Order Amending Part II of Schedule VI to the Financial Administration Act;

SOR/2008-147 — Order Amending the Order Declaring an Amnesty Period (2006);

SOR/2008-156 — Name Use (Foreign Banks) Regulations;

SOR/2008-158 — Name Use (Affiliates of Banks or Bank Holding Companies) Regulations;

SOR/2008-159 — Regulations Amending the Entity Associated with a Foreign Bank Regulations;

SOR/2008-160 — Regulations Amending the Exemption from Restrictions on Investments (Banks, Bank Holding Companies and Foreign Banks) Regulations;

SOR/2008-161 — Regulations Amending the Information Technology Activities (Foreign Banks) Regulations;

SOR/2008-163 — Material Banking Group Percentage Regulations;

SOR/2008-165 — Regulations Amending the Foreign Bank Representative Offices Regulations;

SOR/2008-166 — Regulations Amending the Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002; and

SOR/2008-167 — Prescribed Group of Consumers Regulations.

At 9:58 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Denis Robert

Acting Joint Clerk of the Committee (Senate)