Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 7 - Minutes - May 28, 2009

OTTAWA, Thursday, May 28, 2009
(8)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:37 a.m., this day, in room 256-S, Centre Block, the Honourable J. Trevor Eyton and Mr. Andrew Kania, the joint chairs, presiding.

Representing the Senate: The Honourable Senators Dickson, Eyton, 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, Andrew Saxton, Paul Szabo and Terence Young (11).

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.

Pursuant to rule 92(2)(c)(d), the committee met in camera to consider labour relations and other personnel matters.

At 8:41 a.m., the committee suspended.

At 8:42 a.m., the committee resumed in public 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/2007-23 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Laurentian Pilotage Authority with respect to certain comments made by the committee.

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 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 the joint chairs correspond with the Minister of Agriculture and Agri-Food with respect to certain comments made by the committee.

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

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

In the matter of SOR/2004-109 — Regulations Amending the Pulp and Paper Effluent Regulations, it was agreed that the joint chairs correspond with the Minister of the Environment with respect to certain comments made by the committee.

In the matter of SOR/93-108 — Quebec Beef Cattle Producers' Levies or Charges (Interprovincial and Export Trade) Order, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food Canada with respect to certain comments made by the committee.

In the matter of SOR/93-195 — Quebec Maple Syrup Producers' Levy (Interprovincial and Export Trade) Order, it was agreed that the file be closed.

In the matter of SOR/93-382 — Prince Edward Island Cattle Marketing Levies Order, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food with respect to certain comments made by the committee.

In the matter of SOR/2005-346 — Protection of Passenger Information Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2002-241 — Rules of Procedure for Hearings Before the Military Police Complaints Commission, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of National Defence with respect to certain comments made by the committee.

In the matter of SOR/2001-281 — By-law No. 7 Respecting the Large Value Transfer System, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance with respect to certain comments made by the committee.

In the matter of SOR/2006-164 — Regulations Amending the United Nations Afghanistan Regulations, 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/2008-168 — Regulations Amending Certain Department of Finance Regulations (Balance Sheet Value), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance with respect to certain comments made by the committee.

In the matter of SOR/2003-296 — Regulations Amending the Wildlife Area Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-388 — Regulations Amending the Marine Occupational Safety and Health 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/2003-112 — Regulations Amending the Nova Scotia Offshore Certificate of Fitness Regulations, it was agreed that the file be closed.

In the matter of SOR/2003-109 — Regulations Amending the Employment Insurance Regulations, it was agreed that the file be closed.

In the matter of SOR/2003-283 — Solvent Degreasing Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of the Environment with respect to certain comments made by the committee.

In the matter of SOR/2007-201 — Agriculture Product Priority Claim (Banks) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance with respect to certain comments made by the committee.

In the matter of SOR/94-753 — Indian Oil and Gas Regulations, 1995, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Indian and Northern Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-183 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 1999-2 (Miscellaneous Program); SOR/2007-77 — Pacific Fishery Management Area Regulations, 2007; and SOR/2007-223 — Regulations Amending the Seeds 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/2007-80 — Withdrawal of Certain Lands in the Northwest Territories (Nahanni National Park Reserve of Canada ) from Disposal Order; SI/2008-101 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nahanni National Park Reserve of Canada) Order, SI/2008-102 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Edéhzíe (Horn Plateau)) Order, SI/ 2007-68 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Deh Cho First Nations, N.W.T.), SI/2008-103 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho First Nations) Order, SOR/2009-84 — Regulations Amending the Canada Occupational Health and Safety Regulations, and SOR/2009-93 — Regulations Amending the Sulphur in Gasoline Regulations (Miscellaneous Program), it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/88-95 — Cecil H. Green Inc. Remission Order;

SI/88-161 — Temporary Entry Remission Order No. 25;

SI/2008-70 — Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act;

SI/2008-73 — Order Designating the Commission of Inquiry into Certain Allegations Respecting Business and Financial Dealings Between Karlheinz Schreiber and the Right Honourable Brian Mulroney as a Department and Designating the Prime Minister as Appropriate Minister for Purposes of the Act;

SI//2008-95 — Order Respecting Ex Gratia Payments to Veterans and Science and Technology Workers Involved in Nuclear Weapons Testing or Nuclear Decontamination;

SI/2008-133 — Order Transferring from the Department of Industry to the Department of the Environment the Control and Supervision of the Mackenzie Gas Project Office;

SI/2008-134 — Order Transferring from the Minister of Indian Affairs and Northern Development to the Minister of the Environment the Powers, Duties and Functions of the Budget Implementation Act, 2006;

SI/2008-135 — Order Transferring from the Minister of Canadian Heritage to the Minister of Citizenship and Immigration the Powers, Duties and Functions in Relation to Multiculturalism;

SI/2008-137 — Order Amending Order in Council P.C. 2006-37;

SI/2008-139 — Order Fixing December 10, 2008 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2008-140 — Order Referring Back to the CRTC Decision CRTC 2008-222 for a Broadcasting Licence by Astral Media Radio Inc.;

SI/2008-141 — Order Referring Back to the CRTC Decision CRTC 2008-222 for a Broadcasting Licence by Frank Torres;

SI/2008-143 — Regulations Establishing a List of Entities;

SI/2008-144 — Proclamation Proroguing Parliament to January 26, 2009;

SI/2008-145 — Proclamation Summoning Parliament to Meet January 26, 2009;

SI/2008-146 — Order Amending the Canadian Passport Order;

SI/2008-147 — Order Fixing April 3, 2009 as the Date of the Coming into Force of the Act;

SOR/97-173 — Regulations Prescribing the Fees to be Paid for a Pest Control Product Application Examination Service Provided by or on behalf of Her Majesty in Right of Canada, for a Right or Privilege to Manufacture or Sell a Pest Control Product in Canada and for Establishing a Maximum Residue Limit in relation to a Pest Control Product;

SOR/2000-312 — Regulations Amending the Fees in Respect of Medical Devices Regulations;

SOR/2005-146 — Regulations Amending the Lobbyists Registration Regulations;

SOR/2006-170 — Order Amending the Alberta Hog Marketing Levies Order;

SOR/2006-190 — Exemption Order for Certain Licenses, Authorizations and Documents (White Sturgeon);

SOR/2006-226 — Regulations Amending the Public Ports and Public Port Facilities Regulations (Miscellaneous Program);

SOR/2006-278 — Regulations Amending the Port Authorities Operations Regulations;

SOR/2007-8 — Regulations Amending the Manitoba Sex Offender Information Registration Regulations;

SOR/2007-286 — Special Economic Measures (Burma) Permit Authorization Order;

SOR/2008-6 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2008-8 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2008-9 — Regulations Amending the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations;

SOR/2008-10 — Regulations Amending the Canadian Broiler Hatching Egg (Interprovincial) Pricing Regulations;

SOR/2008-11 — Regulations Amending the Canadian Broiler Hatching Egg and Chick Licensing Regulations;

SOR/2008-91 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2008-93 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2008-94 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990.

At 9:50 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)