Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 4 - Minutes - April 2, 2009

OTTAWA, Thursday, April 2, 2009
(4)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:33 a.m., this day, in room 256-S, Centre Block, the joint chair, Mr. Andrew Kania, presiding.

Representing the Senate: The Honourable Senators Dickson, Hervieux-Payette P.C., Moore and Wallace (4).

Representing the House of Commons: Dona Cadman, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Roger Gaudet, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, 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 Shawn Abel, 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.

Mr. Kania gave an overview of the upcoming trip for the conference in Australia.

After debate, Mr. Masse moved:

That the committee send a delegation of six members to the Australia-New Zealand Scrutiny of Legislation Conference to be held from July 6 to 8, 2009 in Canberra, Australia;

That the necessary staff accompany the committee;

That the proposed budget in the amount of $138,620.05 ($97,034.04 for the House of Commons and $41,586.01 for the Senate) for travel to Canberra, Australia in order to attend the Australia-New Zealand Conference from July 6 to 8, 2009 be adopted; and

That the joint chairs present the budget applications to the appropriate authorities.

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

In the matter of SOR/2002-309 — Order Amending the British Columbia Vegetable Order, it was agreed that the file be closed.

In the matter of SOR/2005-103 — Beef Cattle Research, Market Development and Promotion Levies Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Farm Products Council with respect to certain comments made by the committee.

In the matter of SOR/2008-114 — Order Amending Schedule 2 to the Personal Information Protection and Electronic Documents Act, it was agreed that the file be closed.

The committee considered SOR/2007-23 — Regulations Amending the Laurentian Pilotage Tariff Regulations.

After debate, Mr. Lee moved:

That the Laurentian Pilotage Authority be ordered to provide the Standing Joint Committee for the Scrutiny of Regulations with a certified true copy of the minutes of the meeting of the Authority's Board of Directors of July 18, 2007; and

That this document be delivered to the Joint Clerk from the Senate by 5 p.m., Friday, April 24, 2009.

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

In the matter of SOR/2005-200 — Veterans Burial Regulations, 2005, 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/2002-228 — Refugee Protection Division Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Immigration and Refugee Board of Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-229 — Immigration Division Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Immigration and Refugee Board of Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-230 — Immigration Appeal Division Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of of the Immigration and Refugee Board of Canada 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 that counsel to the committee correspond with the Designated Instruments Officer of Veterans Affairs with respect to certain comments made by the committee.

In the matter of SOR/2006-157 — Order Amending the Schedule to the Insurance Companies Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Office of the Superintendent of Financial Institutes with respect to certain comments made by the committee.

In the matter of SOR/2006-287 — Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea, 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/94-668 — Canada Labour Standards 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/2000-388 — Regulations Amending the Marine Occupational Safety and Health Regulations, 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/2002-164 — National Capital Commission Animal Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Capital Commission with respect to certain comments made by the committee.

In the matter of SOR/2002-165 — Regulations Amending the National Capital Commission Traffic and Property Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Capital Commission with respect to certain comments made by the committee.

In the matter of SOR/98-462 — Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/2006-254 — First Nations Oil and Gas and Moneys Management Voting Regulations, 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.

In the matter of SOR/2000-100 — Federal-Provincial Fiscal Arrangements Regulations, 1999, it was agreed that the file be closed.

In the matter of SOR/88-560 — Cribs and Cradles Regulations, amendment, 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/2002-423 — Regulations Adapting the Employment Equity Act in respect of the Canadian Security Intelligence Service, it was agreed that the file be closed.

In the matter of SOR/2005-380 — Decision Body Time Periods and Consultation Regulations, 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.

In the matter of SOR/2002-148 — Regulations Designating Persons and Categories of Persons — Other than Travellers Destined for the United States — Who May Enter a Preclearance Area; SOR/2005-306 — Regulations Amending the United Nations Democratic Republic of the Congo Regulations; SOR/2007-176 — Regulations Amending the Food and Drug Regulations (1433 — Neotame); SOR/2008-57 — Corporate Interrelationships (Banks and Bank Holding Companies) Regulations; SOR/2008-58 — Corporate Interrelationships (Cooperative Credit Associations) Regulations; SOR/2008-59 — Corporate Interrelationships (Insurance Companies and Insurance Holding Companies) Regulations; and SOR/2008-60 — Corporate Interrelationships (Trust and Loan Companies) 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 SI/2008-66 — Order Amending the McIntyre Lands Income Tax Remission Order (Miscellaneous Program); of SOR/88-424 — Food and Drug Regulations, amendment; SOR/92-164 — Unemployment Insurance Regulations, amendment; SOR/2007-104 — Rules amending the Assessor's Rules of Procedure (Miscellaneous Program); and SOR/2008-153 — Regulations Repealing the Exemption Regulations (Beef and Veal Imports), it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/96-80 — Income Tax Paid by Investors, Other than Promoters Remission Order;

SI/2008-43 — Order Designating the Executive Director of the Indian Residential Schools Truth and Reconciliation Commission Secretariat as Deputy Head;

SI/2008-44 — Order Designating the Indian Residential Schools Truth and Reconciliation Commission Secretariat as a Department and the Executive Director as the Deputy Head for Purposes of the Act;

SI/2008-45 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2008-46 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2008-47 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2008-48 — Order Amalgamating and Combining the Office of Indian Residential Schools Resolution of Canada with the Department of Indian Affairs and Northern Development Under the Minister of Indian Affairs and Northern Development and Under the Deputy Minister of Indian Affairs and Northern Development;

SI/2008-49 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2008-50 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2008-51 — Order Repealing Order in Council P.C. 2001-996 of June 4, 2001;

SI/2008-54 — Order Designating the Minister of Labour as Minister for Purposes of the Act;

SI/2008-55 — Order Designating the Minister of Human Resources and Skills Development as Minister for Purposes of the Act;

SI/2008-59 — Order Assigning the Honourable Josée Verner to Assist the Minister of Foreign Affairs;

SI/2008-67 — Order Amending the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern;

SI/2008-77 — Order Terminating the Assignment of the Honourable David Emerson and Assigning the Honourable James Moore to Assist the Minister of Transport and the Minister of Canadian Heritage;

SI/2008-79 — Proclamation Designating ``Fire Prevention Week'';

SI/2008-94 — Order Declining to Refer Back to the CRTC Decision CRTC 2008-129 to Renew Broadcasting Licences of the TQS Network and the Stations CFJP-TV Montréal, CFJP-DT Montréal, CFAP-TV Québec, CFKM-TV Trois-Rivières, CFKS-TV Sherbrooke and CFRS-TV Saguenay;

SI/2008-105 — Proclamation Dissolving Parliament;

SI/2008-106 — Proclamation Issuing Election Writs;

SI/2008-107 — Proclamation Summoning Parliament to Meet on November 12, 2008;

SI/2008-111 — Sacrifice Medal Order;

SI/2008-112 — Order Terminating the Assignment of Certain Ministers;

SI/2008-113 — Order Terminating the Assignment of the Honourable Marjory LeBreton and Assigning the Honourable Marjory LeBreton to Assist the Minister of Human Resources and Skills Development;

SI/2008-114 — Order Terminating the Assignment of the Honourable Helena Guergis and Assigning the Honourable Helena Guergis to Assist the Minister of Canadian Heritage;

SI/2008-115 — Order Terminating the Assignment of the Honourable Diane Ablonczy and Assigning the Honourable Diane Ablonczy to Assist the Minister of Industry;

SI/2008-116 — Order Assigning the Honourable Jean-Pierre Blackburn to Assist the Minister of Agriculture and Agri-Food;

SI/2008-117 — Order Assigning the Honourable Peter Gordon MacKay to Assist the Minister of Transport;

SI/2008-118 — Order Assigning the Honourable Stockwell Day to Assist the Minister of Transport;

SI/2008-119 — Order Assigning the Honourable Lawrence Cannon to Assist the Minister of Transport;

SI/2008-120 — Order Assigning the Honourable Gary Lunn to Assist the Minister of Canadian Heritage;

SI/2008-121 — Order Assigning the Honourable Gordon O'Connor to Assist the Prime Minister;

SI/2008-122 — Order Assigning the Honourable Rob Merrifield to Assist the Minister of Transport;

SI/2008-123 — Order Assigning the Honourable Lynne Yelich to Assist the Minister of Western Economic Diversification;

SI/2008-124 — Order Assigning the Honourable Steven John Fletcher to Assist the Prime Minister;

SI/2008-125 — Order Assigning the Honourable Gary Goodyear to Assist the Minister of Industry;

SI/2008-126 — Order Assigning the Honourable Denis Lebel to Assist the Minister of Economic Development Agency of Canada;

SI/2008-127 — Order Assigning the Honourable Keith Ashfield to Assist the Minister of the Atlantic Canada Opportunities Agency;

SI/2008-128 — Order Assigning the Honourable Peter Kent to Assist the Minister of Foreign Affairs;

SI/2008-129 — Order Designating the Minister of Finance as Minister for Purposes of the Act;

SI/2008-130 — Order Transferring from the Minister of the Environment to the Minister of Finance the Powers, Duties and Functions Relating to the Contribution Agreement;

SI/2008-131 — Order Transferring from the Department of the Environment to the Department of Finance the Control and Supervision of the Toronto Waterfront Revitalization Initiative Secretariat;

SI/2008-132 — Order Designating the Minister of Finance as Minister Responsible for the Toronto Waterfront Revitalization Initiative;

SI/2008-136 — Order Designating the Minister of Citizenship and Immigration as Minister for Purposes of the Act; and

SI/2008-138 — Proclamation Summoning Parliament to Meet on November 18, 2008 (DISPATCH OF BUSINESS).

The joint committee discussed the Australian trip.

At 10:11 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Denis Robert

Acting Joint Clerk of the Committee (Senate)