Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 3 - Minutes - March 26, 2009

OTTAWA, Thursday, March 26, 2009
(4)

[English]

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, Mr. Andrew Kania, presiding.

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

Representing the House of Commons: Bob Anders, Gérard Asselin, Dona Cadman, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Andrew Kania, Derek Lee, Brian Masse, Andrew Saxton and Paul Szabo (11).

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.

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.

It was agreed that the following budget application in the amount of $2,145 (Senate portion) be approved and submitted to the Senate Standing Committee on Internal Economy, Budgets and Administration:

In the matter of Report No. 82 — Indian Act it was agreed to retable the report.

In the matter of SOR/97-144 — Broadcasting Licence Fee Regulations, 1997, after debate, it was agreed to report the matter.

In the matter of SOR/2002-60 — Regulations Amending the Canadian Aviation Regulations (Part IV), it was agreed that the joint chairs correspond with the Minister of Transport with respect to certain comments made by the committee.

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 with respect to certain comments made by the committee.

In the matter of SOR/98-2 — Regulations Amending the Fish Inspection Regulations; SOR/99-169 — Regulations Amending the Fish Inspection Regulations; and SOR/2002-435 — Regulations Amending the Fish Inspection Regulations, it was agreed that the joint chairs correspond with the Minister of Agriculture with respect to certain comments made by the committee.

In the matter of SOR/97-109 — PCB Waste Export Regulations, 1996, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Environment with respect to certain comments made by the committee.

In the matter of SOR/2002-301 — Interprovincial Movement of Hazardous Waste Regulations, it was agreed that the joint chairs correspond with the Minister of Environment with respect to certain comments made by the committee and chair of the House of Commons Environment Committee.

In the matter of SOR/2006-141 — Order 2006-87-04-01 Amending the Domestic Substances List, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Environment with respect to certain comments made by the committee.

In the matter of SOR/91-594 — Plant Breeders' 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/2006-152 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Public Safety and Emergency Preparedness with respect to certain comments made by the committee.

In the matter of SOR/2007-73 — Order Amending the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Canadian Heritage with respect to certain comments made by the committee.

In the matter of SOR/2008-27 — Regulations Amending the Presentation of Persons (2003) Regulations, it was agreed that the file be closed.

In the matter of SOR/2003-28 — Rules of Procedure for Boards of Review, 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/96-44 — Duties Relief Regulations; SOR/2002-198 — Regulations Amending the Seeds Regulations; SOR/2005-303 — Regulations Amending the Reporting of Imported Goods Regulations; SOR/2006-347 — 2-Butoxyethanol Regulations; SOR/2008-157 — Regulations Amending the Name Use by Non-financial Business (Excluded Entities) Regulations; SOR/2008-162 — Regulations Amending the Manner of Calculation (Foreign Banks) Regulations; and SOR/2008-164 — Regulations Amending the Specialized Financing (Foreign Banks) 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/90-405 — Customs Tariff Schedules Amendment Order, No. 13; SOR/2008-118 — Regulations Amending the Regulations Implementing the United Nations Resolutions on Iran; SOR/2007-44 — Regulations Implementing the United Nations Resolution on Iran; SOR/2008-142 — Regulations Amending the Food and Drug Regulations (1585 — Wine Standard) (Miscellaneous Program; SOR/2008-188 — Regulations Amending the Immigration and Refugee Protection Regulations (Permanent Resident Cards; and SOR/2008-259 — Regulations Amending the Exclusion List Regulations, 2007, it was agreed that the files be closed.

The committee considered the following Statutory Instruments and it was agreed that the files be closed:

SI/2008-52 — Order Fixing May 5, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-58 — Order Fixing May 19, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-61 — Order Fixing June 16, 2008 as the Date of the Coming into Force of the Act, other than Section 5;

SI/2008-63 — Order Fixing December 1, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-64 — Order Fixing June 13, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-65 — Order Fixing July 1, 2008 as the Date of the Coming into Force of Subsection 17(2) of the Act;

SI/2008-71 — Order Fixing October 1, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-72 — Order Fixing July 10, 2008 as the Date of the Coming into Force of the Act;

SOR/89-103 — Convention Refugee Determination Division Rules;

SOR/90-146 — Customs Tariff Schedules Amendment Order, No. 5;

SOR/90-378 — Customs Tariff Schedules Amendment Order, No. 8;

SOR/90-395 — Customs Tariff Schedules Amendment Order, No. 9;

SOR/90-409 — Schedule V to the Customs Tariff, amendment;

SOR/90-471 — Brewery Regulations, amendment;

SOR/90-622 — Public Service Employment Regulations, amendment;

SOR/90-750 — Immigration Regulations, 1978, amendment;

SOR/90-751 — Foreign Extraterritorial Measures (United States) Order (1990);

SOR/90-774 — Hibernia Development Project Offshore Application Regulations;

SOR/90-800 — Special Services and Fees Regulations, amendment;

SOR/2005-387 — Regulations Amending the Reporting of Imported Goods Regulations;

SOR/2006-322 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2006-323 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2006-337 — Legal Deposit of Publications Regulations;

SOR/2006-341 — Regulations Amending the Designated Provisions Regulations;

SOR/2007-12 — Canadian Wheat Board Direction Order No. 1, 2007;

SOR/2007-284 — Order Amending Schedule 1 to the Species at Risk Act;

SOR/2007-287 — Regulations Amending the Phytophthora Ramorum Compensation Regulations;

SOR/2008-7 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2008-24 — Regulations Amending the Presentation of Persons (2003) Regulations;

SOR/2008-53 — Regulations Amending the Ford New Holland, Inc. Loan Regulations;

SOR/2008-61 — Regulations Amending the Notices of Uninsured Deposits Regulations;

SOR/2008-62 — Regulations Amending the Prescribed Deposits (Banks without Deposit Insurance) Regulations;

SOR/2008-63 — Regulations Amending the Shared Premises Regulations (Banks);

SOR/2008-64 — Notices of Uninsured Deposits Regulations (Trust and Loan Companies);

SOR/2008-65 — Notices of Uninsured Deposits Regulations (Retail Associations);

SOR/2008-66 — Prescribed Deposits (Trust and Loan Companies Without Deposit Insurance) Regulations;

SOR/2008-67 — Prescribed Deposits (Retail Associations Without Deposit Insurance) Regulations;

SOR/2008-68 — Shared Premises Regulations (Trust and Loan Companies);

SOR/2008-69 — Shared Premises Regulations (Retail Associations); and

SOR/2008-71 — Regulations Amending the Contraventions 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)