Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 5 - Minutes - April 23, 2009

OTTAWA, Thursday, April 23, 2009
(6)

[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 Bryden, Dickson, Hervieux-Payette, P.C., Moore and Wallace (5).

Representing the House of Commons: Gérard Asselin, Dona Cadman, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, Andrew Saxton, Paul Szabo and Terrence Young (12).

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.

In the matter of SOR/95-255 — National Historic Parks General Regulations, amendment and SOR/2005-206 — Regulations Amending the National Parks of Canada Fishing Regulations, it was agreed that counsel correspond with the Designated Instruments Officer of Parks Canada Agency with respect to certain comments made by the committee.

In the matter of SOR/2004-180 — Order Amending the Ontario Hog Charges (Interprovincial and Export) 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/2004-256 — Order Amending the Ontario Hog Charges (Interprovincial and Export) 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/2004-303 — Order Amending the Ontario Hog Charges (Interprovincial and Export) 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/2005-13 — Order Amending the Ontario Hog Charges (Interprovincial and Export) 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/98-2 — Regulations Amending the Fish Inspection Regulations, it was agreed that consideration of the matter be postponed to the next meeting of the committee.

In the matter of SOR/99-169 — Regulations Amending the Fish Inspection Regulations, it was agreed that consideration of the matter be postponed to the next meeting of the committee.

In the matter of SOR/2002-435 — Regulations Amending the Fish Inspection Regulations, it was agreed that consideration of the matter be postponed to the next meeting of the committee.

In the matter of SOR/2002-346 — Regulations Amending the Laurentian Pilotage Authority Regulations, it was agreed that the file be closed.

In the matter of SOR/96-423 — Patent Rules, 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/2003-208 — Rules Amending the Patent Rules, 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/94-118 — Timber Regulations, 1993, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Natural Resources Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-44 — Regulations Implementing the United Nations Resolution on Iran, 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/2004-68 — Regulations Amending the Veterans Allowance Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Veterans Affairs with respect to certain comments made by the committee.

In the matter of SOR/2006-129 — Ballast Water Control and Management Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-273 — Tobacco Reporting Regulations, 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/2003-75 — Canadian Egg Marketing Levies Order, it was agreed that the file be closed.

In the matter of SOR/2005-369 — Regulations Amending the Employment Insurance Regulations, it was agreed that the joint chairs invite the Minister of Human Resources and Social Development to appear before the committee.

In the matter of SI/2008-27 — Order Respecting the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nááts'ihch'oh National Park Reserve), it was agreed that the file be closed.

In the matter of SOR/2005-317 — Regulations Amending the Employment Insurance Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Human Resources and Social Development with respect to certain comments made by the committee.

In the matter of SOR/2005-373 — Political Activities Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Public Service Commission 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 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/92-620 — Corrections and Conditional Release 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/96-108 — Corrections and Conditional Release 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/94-517 — Government Property Traffic Regulations, amendment; SOR/97-543 — Regulations Amending Certain Department of Health Regulations (Miscellaneous Program), 1997-1; SOR/2007-100 — Tariff Amending the Ships Registry and Licensing Fees Tariff; and SOR/2007-260 — Asbestos Products 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/99-144 — St. Lawrence Seaway Authority Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/98-230 — Portions of the Department of National Defence Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/98-231 — Portions of the Department of Public Works and Government Services Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/98-232 — Regulations Amending the Airport Transfer Regulations, it was agreed that the file be closed.

In the matter of SOR/99-3 — Portions of the Department of Citizenship and Immigration Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/99-247 — Portions of the Royal Canadian Mounted Police Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/2000-1 — Certain Canada Port Authorities Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/2000-60 — Portions of the Canada Ports Corporation Divestiture Regulations, it was agreed that the file be closed.

In the matter of SOR/2008-45 — Exemption Regulations (Persons), it was agreed that the file be closed.

In the matter of SOR/2009-29 — Regulations Amending the Exemption Regulations (Persons) (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2008-137 — Rules Amending the Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing) (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI//2007-18 — Order Fixing February 10, 2007 as the Date of the Coming into Force of Certain Sections of the Act;

SI//2008-16 — Order Designating the Minister of Industry as Appropriate Minister with Respect to the Social Sciences and Humanities Research Council of Canada for Purposes of the Act;

SI//2008-53 — Order Declaring that all Provisions of Part X of the Financial Administration Act, Other Than Section 90, Apply to PPP Canada Inc.;

SI//2008-57 — Order Amending the Canadian Passport Order;

SI//2008-60 — Certain Former Employees of SDL Optics, Inc. Remission Order No. 2;

SI//2008-62 — Vera Henderson Income Tax Remission Order;

SI//2008-68 — Apo-TriAvir Evaluation Fees Remission Order;

SI//2008-69 — Overpayments of Canada Education Savings Grants Remission Order;

SI//2008-76 — Order Fixing June 20, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI//2008-78 — Order Fixing July 7, 2008 as the Date of the Coming into Force of Certain Provisions of two Acts;

SI//2008-82 — Order Amending the Treaty Land Entitlement (Saskatchewan) Remission Order;

SI//2008-83 — Order Fixing August 1, 2008 as the Date of the Coming into Force of the Act, Other Than Section 64;

SI//2008-84 — Order Fixing August 5, 2008 as the Date of the Coming into Force of Sections 146 and 147 of the Act;

SI//2008-91 — Exemption Order No. 1, 1997 (Sending of Notices and Documents) (Repealed);

SI//2008-92 — Order Fixing August 10, 2008 as the Date of the Coming into Force of the Act;

SI//2008-93 — Order Fixing September 12, 2008 as the Date of the Coming into Force of the Act Other Than Sections 51 and 52;

SI//2008-96 — Order Fixing October 1, 2008 as the Date of the Coming into Force of Sections 13 and 15 of the Act;

SI//2008-97 — Order Fixing October 1, 2008 as the Date of the Coming into Force of the Act;

SI//2008-98 — Joan Clym Remission Order;

SI//2008-99 — Certain Marine Carriers Remission Order;

SI//2008-100 — Héma-Québec (GST/HST) Remission Order;

SOR/2008-113 — Order 2008-87-01-03 Amending the Domestic Substances List;

SOR/2008-149 — Regulations Amending the Migratory Birds Regulations (Miscellaneous Program);

SOR/2008-174 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2008-175 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2008-176 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2008-236 — Fruit Remission Order, 2008;

SOR/2008-245 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2008-246 — Regulations Amending the Certain Ruminants and their Products Importation Prohibition Regulations, No. 2;

SOR/2008-255 — Regulations Amending the Regulations respecting the Election of Directors of the Canadian Wheat Board;

SOR/2008-276 — Regulations Amending the Canada Occupational Health and Safety Regulations;

SOR/2008-279 — Regulations Amending the Organic Products Regulations;

SOR/2008-281 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a Twenty-five Cent Circulation Coin;

SOR/2008-289 — Order Amending the Indian Bands Council Elections Order (Esketemc Band).

At 10:15 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)