Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 2 - Minutes - March 12, 2009

OTTAWA, Thursday, March 12, 2009
(3)

[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 Honourable J. Trevor Eyton, and Mr. Andrew Kania, Joint Chairs, presiding.

Representing the Senate: The Honourable Senators Baker P.C., Bryden, Dickson, Eyton, Hervieux-Payette P.C., Moore and Wallace (7).

Representing the House of Commons: Dona Cadman, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, Pascal-Pierre Paillé, Andrew Saxton, Paul Szabo and Terence Young (12)

Also present: Maxime Ricard, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Shaun Able, 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.

Mr. Kania gave an overview of the Subcommittee on Agenda and Procedure`s meeting of March 10, 2009.

After debate, Mr. Lee moved that the joint chairs write to the Library of Parliament in order to request that the vacant legal counsel position be filled by way of a competition as soon as possible.

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

After debate, Mr. Lee moved that the joint chairs meet with the appropriate officials of the Library of Parliament to discuss potential issues of concern in relation to the relocation of the committee's secretariat.

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

In the matter of SOR/2000-221 — Regulations Amending the Letter Mail Regulations; and SOR/2009-5 — Regulations Amending the Letter Mail Regulations, it was agreed that the joint chairs write to Canada Post and the Minister of Transport, Infrastructure and Communities, giving 30 days notice of the committee's intention to disallow the regulation; that counsel prepare a disallowance report; and that counsel return the matter to the agenda at the next meeting of the committee

In the matter of C.R.C. c. 954 — Indian Estates Regulations, it was agreed that the joint chairs correspond with the Minister of Indian Affairs and Northern Development 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 the joint chairs correspond with the Minister of Veterans Affairs with respect to certain comments made by the committee.

In the matter of SOR/2002-416 — Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice 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/2004-122 — Regulations Amending the Certification of Origin of Goods Exported to a Free Trade Partner Regulations; SOR/2004-127 — Regulations Amending the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations; SOR/2004-128 — Regulations Amending the Temporary Importation (Tariff Item No. 9993.00.00) Regulations; SOR/2004-129 — CCRFTA Verification of Origin Regulations; and, SOR/2005-257 — Definition of ``Settler'' for the Purpose of Tariff Item No. 9807.00.00 Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2005-329 — Order Amending the Allocation Method Order (Beef and Veal), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Foreign Affairs and International Trade 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 of Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-25 — Regulation Adapting the Canada Elections Act for the Purposes of a Referendum, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Office of the Chief Electoral Officer with respect to certain comments made by the committee.

In the matter of SOR/2003-39 — National Energy Board Processing Plant Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Energy Board with respect to certain comments made by the committee.

In the matter of SOR/2006-50 — Canadian Forces Members and Veterans Re-establishment and Compensation Regulations, it was agreed to adjourn consideration of this item to a future meeting of the committee.

In the matter of SOR/2002-242 — Regulations Amending the Laurentian Pilotage Authority Regulations, it was agreed that the file be closed.

In the matter of SOR/2007-109 — Order Amending Schedule 1 to the Canada Shipping Act, 2001 (Maritime Labour Convention, 2006), it was agreed that the file be closed.

In the matter of SOR/80-127 — National Park Camping Regulations; SOR/96-169 — National Parks Highway Traffic Regulations, amendment; SOR/96-170 — National Parks Garbage Regulations, amendment; SOR/96-245 — National Parks Fishing Regulations, amendment; SOR/97-111 — Regulations Amending the National Parks Fishing Regulations; SOR/98-268 — Regulations Amending the National Parks Fishing Regulations; SOR/99-352 — Regulations Amending the National Parks Fishing Regulations; SOR/97-102 — Regulations Amending the National Parks Wildlife Regulations; SOR/2002-237 — Regulations Amending the National Parks Lease and Licence of Occupation Regulations (1991); SOR/2003-302 — Regulations Amending the National Parks Fire Protection Regulations; SOR/2004-299 — Regulations Amending the National Parks Aircraft Access Regulations; SOR/2004-301 — Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations; SOR/2005-204 — Gros Morne National Park of Canada Timber Harvesting Regulations; and SOR/2005-205 — Gros Morne National Park of Canada Snowshoe Hare Regulations, it was agreed that counsel to the committee review their status at a later date and inform the committee of the actions taken.

In the matter of SOR/2000-290 — Regulations Amending the Canada Student Financial Assistance Regulations, it was agreed that counsel to the committee review its status at a later date and inform the committee of the action taken.

In the matter of SOR/95-228 — Government Airport Concession Operations Regulations, amendment; SOR/98- 562 — Regulations Amending the Airport Vehicle Parking Charges Regulations; SOR/2003-224 — Regulations Amending the Pacific Pilotage Regulations; SOR/2006-188 — Regulations Amending the Canada Lands Surveyors Regulations; SOR/2006-231 — Regulations Amending the Canada Labour Standards Regulations; and SOR/2006-256 — Regulations Amending the Life Saving Equipment 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/2006-258 — Regulations Amending the Public Agents Firearms Regulations; SOR/2007-228 — Regulations Amending the Controlled Drugs and Substances Act (Police Enforcement) Regulations; SOR/2008-112 — Regulations Amending the Region of Waterloo International Airport Zoning Regulations (Miscellaneous Program); SOR/2008-140 — Regulations Amending the Canadian Aviation Regulations (Part IV); and SOR/2008-241 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996, it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/2008-21 — Order Designating the President of the Queen's Privy Council for Canada as Appropriate Minister with Respect to the Canadian Transportation Accident Investigation and Safety Board for Purposes of the Act;

SI/2008-22 — Scott Mitchell Remission Order;

SI/2008-23 — Certain Foreign Marine Carriers Remission Order;

SI/2008-24 — Order Fixing February 22, 2008 as the Date of the Coming into force of the Act;

SI/2008-28 — Sale of the Digby Fisherman's Wharf Remission Order;

SI/2008-29 — Order Fixing June 1, 2008 as the Date of the Coming into Force of Certain Sections of the Explosives Act;

SI/2008-30 — Order Fixing March 3, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-33 — Order Fixing March 8, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SOR/83-448 — Canadian Transport Commission General Rules;

SOR/88-23 — National Transportation Agency General Rules;

SOR/2006-230 — Interest Rates (Excise Tax Act) Regulations;

SOR/2006-294 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act (2006-2);

SOR/2007-81 — Regulations Amending the Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2;

SOR/2007-172 — Regulations Amending the Official Languages (Communications with and Services to the Public) Regulations;

SOR/2007-185 — Order Amending Schedules 1 and 2 to the First Nations Goods and Services Tax Act (Innue Essipit and Whitecap Dakota First Nation);

SOR/2007-186 — Regulations Amending the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety);

SOR/2007-193 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b) Exemption Order (Security, Safety and International Relations), No. 2007-1;

SOR/2007-195 — Regulations Amending the Television Broadcasting Regulations, 1987;

SOR/2007-217 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2007-222 — Regulations Amending the Broadcasting Distribution Regulations;

SOR/2007-248 — Regulations Amending the Broadcasting Distribution Regulations;

SOR/2007-265 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2007-266 — Regulations Amending the Firearms Marking Regulations;

SOR/2008-1 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2008-2 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2008-19 — Regulations Amending Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2;

SOR/2008-28 — Regulations Amending the Retirement Compensation Arrangements Regulations, No. 1;

SOR/2008-32 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2008-33 — Order 2007-87-11-01 Amending the Domestic Substances List;

SOR/2008-36 — Regulations Amending the Interest Rates (Excise Tax Act) Regulations;

SOR/2008-38 — Regulations Amending the Marine Mammal Regulations;

SOR/2008-39 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a Two Dollar Circulation Coin;

SOR/2008-40 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2008-42 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2008-52 — Regulations Amending the Canadian Wheat Board Regulations; and

SOR/2008-55 — Order 2007-66-12-01 Amending the Domestic Substances List.

At 10:04 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Denis Robert

Acting Joint Clerk of the Committee (Senate)