Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 8 - Minutes - June 11, 2009

OTTAWA, Thursday, June 11, 2009
(9)

[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, the joint chairs, presiding.

Representing the Senate: The Honourable Senators Eyton, Hervieux-Payette P.C., and Moore (3).

Representing the House of Commons: Gérard Asselin, Dona Cadman, Joe Comartin, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, 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 Jacques Rousseau, Counsel, Parliamentary Information and Research Service, Library of Parliament.

In attendance: The official reporters of the Senate.

Derek Lee moved that Peter Bernhardt's job title be confirmed as General Counsel of the Standing Joint Committee for the Scrutiny of Regulations.

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

In the matter of SOR/97-144 — Broadcasting Licence Fee Regulations, 1997, after debate, Derek Lee moved that the third report of the Standing Joint Committee for the Scrutiny of Regulations entitled ``Report No. 84 — Broadcasting Licence Fees Regulations, 1997'' be adopted with amendment.

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

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.

In the matter of SOR/96-254 — Processing and Distribution of Semen for Assisted Conception Regulations; SOR/ 2000-299 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1218 — Alternative Tests); and SOR/2000-410 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1238 — Special Access), 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/99-325 — Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations, 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/98-247 — Regulations Amending the Manitoba Fishery Regulations, 1987, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/2000-374 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that the joint chairs correspond with the Minister of Human Resources and Social Development Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-323 — Presentation of Persons (2003) Regulations; SOR/2005-385 — Regulations Amending the Presentation of Persons (Customs) Regulations and the Presentation of Persons (2003) Regulations; and SOR/2006-154 — Regulations Amending the Presentation of Persons (2003) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Revenue Agency with respect to certain comments made by the committee.

In the matter of SOR/2004-110 — Regulations Amending the Coastal Fisheries Protection Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans Canada with respect to certain comments made by the committee.

In the matter of SOR/2004-237 — Regulations Amending the Narcotic Control Regulations and Other Related 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/2004-238 — Regulations Amending the Food and Drug 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/2006-338 — Organic Products 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/2008-12 — Regulations Amending the Canadian Broiler Hatching Egg and Chick Licensing Regulations, 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/2008-104 — Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act, 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/94-165 — Oil and Gas Occupational Safety and Health Regulations, amendment; SOR/2000- 328 — Regulations Amending the Canada Occupational Safety and Health Regulations; and SOR/2001-284 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Human Resources and Skills Development Canada with respect to certain comments made by the committee.

In the matter of SOR/2004-121 — Regulations Amending the Canada Student Loans Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Human Resources and Skills Development Canada with respect to certain comments made by the committee.

In the matter of SOR/92-12 — Egg Regulations, amendment, it was agreed that the file be closed.

In the matter of SOR/2006-244 — Debt Reserve Fund Replenishment Regulations, it was agreed that the file be closed.

In the matter of SI/2007-101 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (East Arm of Great Slave Lake, N.W.T.); SI/2007-102 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Ts'ude niline Tu'eyeta (Ramparts River and Wetlands); and SI/2007- 103 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Akaitcho Dene First Nations, N.W.T.), it was agreed that the files be closed.

In the matter of SOR/98-176 — Hazardous Products (Glazed Ceramics and Glassware) Regulations; SOR/2003-314 — Regulations Amending the Atlantic Fishery Regulations, 1985; SOR/2008-170 — Regulations Repealing and Amending Certain Regulations Made Under the Dominion Water Power Act (Miscellaneous Program); and SOR/ 2008-181 — Regulations Amending the Food and Drug Regulations (1369 — Interim Marketing Authorizations), it was agreed that the files be closed.

In the matter of SOR/96-252 — Seeds Regulations, amendment; SOR/2008-140 — Regulations Amending the Canadian Aviation Regulations (Part IV); SOR/2009-32 — Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program); SOR/2008-244 — British Columbia Vegetable Marketing Levies Order; and SOR/2009-71 — Order Amending the British Columbia Vegetable Marketing Levies Order, it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/2009-4 — Proclamation Summoning Parliament to Meet on January 26, 2009 (DISPATCH OF BUSINESS);

SOR/91-38 — Disclosure of Goods and Services Tax Regulations;

SOR/91-99 — Statutory Instruments Regulations, amendment;

SOR/91-705 — Protection of Securities (Cooperative Credit Associations) Regulations, amendment;

SOR/91-706 — Protection of Securities (Trust Companies) Regulations, amendment;

SOR/91-707 — Protection of Securities (Loan Companies) Regulations, amendment;

SOR/91-708 — Protection of Securities (Insurance Companies) Regulations, amendment;

SOR/92-514 — Customs Duties Accelerated Reduction Order, No. 6;

SOR/92-515 — Accelerated Elimination of Customs Duties Remission Order, No. 2;

SOR/92-617 — Canadian Wheat Board Regulations, amendment;

SOR/93-113 — Interference-causing Equipment Regulations;

SOR/93-141 — Order Rescinding Various Orders of the National Transportation Agency;

SOR/93-391 — Administrative and Technical Staff of the Embassy of the United States and Families Duty and Tax Relief Privileges Order;

SOR/93-393 — Alberta Fishery Regulations, amendment;

SOR/93-495 — CSCE Forestry Seminar Privileges and Immunities Order;

SOR/94-493 — Medical Devices Regulations, amendment;

SOR/95-432 — Migratory Birds Regulations, amendment;

SOR/96-319 — Export Permits Regulations (Softwood Lumber Products);

SOR/97-480 — Order Respecting the Remission of Anti-Dumping Duties on Certain Hot-Dipped Galvannealed Steel Sheet for use in the Manufacture of Non-Exposed Motor Vehicle Parts;

SOR/98-528 — CES Grant Regulations;

SOR/99-175 — Specified Crown Agents (GST) Regulations;

SOR/2002-112 — Regulations Amending the Canadian Aviation Regulations (Parts I and V to VII);

SOR/2002-135 — Regulations Amending the Canadian Aviation Regulations (Part VII);

SOR/2002-226 — Regulations Amending the Canadian Aviation Regulations (Part III);

SOR/2002-447 — Regulations Amending the Canadian Aviation Regulations (Part VI);

SOR/2003-58 — Regulations Amending the Canadian Aviation Regulations (Part III);

SOR/2003-121 — Regulations Amending the Canadian Aviation Regulations (Part VII);

SOR/2003-122 — Regulations Amending the Canadian Aviation Regulations (Part V);

SOR/2003-154 — Regulations Amending the Canadian Aviation Regulations (Parts I, IV and V);

SOR/2003-249 — Regulations Amending the Canadian Aviation Regulations (Part VII);

SOR/2003-271 — Regulations Amending the Canadian Aviation Regulations (Parts, I II and VI);

SOR/2003-361 — Regulations Amending the Canadian Aviation Regulations (Part VII);

SOR/2004-131 — Regulations Amending the Canadian Aviation Regulations (Part I);

SOR/2005-129 — Regulations Amending the Canadian Aviation Regulations (Part I);

SOR/2005-193 — Regulations Amending the Canadian Aviation Regulations (Part VII);

SOR/2005-319 — Regulations Amending the Canadian Aviation Regulations (Parts IV and VI);

SOR/2005-357 — Regulations Amending the Canadian Aviation Regulations (Parts I, IV, V and VII).

Mr. Galipeau moved that the committee recognize and commend the services to Parliament and to the Standing Joint Committee for the Scrutiny of Regulations of The Honourable Senator Eyton.

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

At 9:48 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)