Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 11 - Minutes of Proceedings

OTTAWA, Thursday, November 25, 2010
(12)

The Standing Joint Committee for the Scrutiny of Regulations met at 8:34 a.m., this day, in room 256-S, Centre Block, the Honourable Senator Martin and Mr. Andrew Kania, Joint Chairs, presiding.

Representing the Senate: The Honourable Senators Boisvenu, Harb, Hervieux-Payette, P.C., Housakos, Martin, Moore and Stratton (7).

Representing the House of Commons: Rob Anders, Gérard Asselin, Ray Boughen, Rod Bruinooge, Rob Clarke, Nicolas Dufour, Marlene Jennings, Andrew Kania, Derek Lee, Brian Masse and Andrew Saxton (11).

Also present: Graeme Truelove, 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/2008-155 — Regulations Amending the Regulations Specifying Investigative Bodies, it was agreed that the file be closed.

In the matter of SOR/2004-122 — Regulations Amending the Certification of Origin of Goods Exported to a Free Trade Partner Regulations; SOR/2004-127 — Regulations Amending the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations; SOR/2004-128 — Regulations Amending the Temporary Importation (Tariff Item No. 9993.00.00) Regulations; SOR/2004-129 — CCRFTA Verification of Origin Regulations; and SOR/2005-257 — Definition of ``Settler'' for the Purpose of Tariff Item No. 9807.00.00 Regulations, it was agreed that the joint chairs correspond with the Minister of Public Safety Canada with respect to certain comments made by the committee.

In the matter of SI/2009-87 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Poland Comes into Force on October 1, 2009, it was agreed that the file be closed.

In the matter of SOR/2010-102 — Regulations Amending the Firearms Fees Regulations; and SOR/2010-103 — Regulations Amending the Firearms Licences Regulations, it was agreed that the file be closed.

In the matter of SOR/2002-228 — Refugee Protection Division Rules; SOR/2002-229 —Immigration Division Rules; SOR/2002-230 — Immigration Appeal 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/2002-352 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII), 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/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/2008-80 — Regulations Amending the Laurentian Pilotage Authority 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/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/2006-147 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 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/2007-63 — Service of Documents Required or Authorized To Be Served Under Sections 53 to 57 of the Conflict of Interest Act Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2010-85 — Regulations Amending the Reportable Diseases Regulations, it was agreed that the file be closed.

In the matter of SOR/88-58 — Air Transportation Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Transportation 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 Military Police Complaints Commission with respect to certain comments made by the committee.

In the matter of SOR/2003-294 — Regulations amending the Motor Vehicle Safety Regulations (Alternative Requirements for Headlamps); SOR/2008-73 — Regulations Amending the Motor Vehicle Safety Regulations (Door Locks and Door Retention Components); and SOR/2008-199 — Regulations Amending the Motor Vehicle Safety Regulations (Bumpers), 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/2004-109 — Regulations Amending the Pulp and Paper Effluent 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 Interim Order Respecting Prohibited Items (2008), 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/97-555 — Broadcasting Distribution Regulations; SOR/87-49 —Television Broadcasting Regulations, 1987; SOR/90-105 — Pay Television Regulations, 1990; SOR/90-106 — Specialty Services Regulations, 1990; SOR/92-609 — Radio Regulations, 1986, amendment; SOR/92-611 — Television Broadcasting Regulations, 1987, amendment; SOR/93-420 — Broadcasting Information Regulations, 1993; SOR/2003-29 — Regulations Amending the Broadcasting Distribution Regulations; SOR/2003-458 — Regulations Amending the Broadcasting Distribution Regulations; SOR/2006-107 — Regulations Amending the Specialty Services Regulations, 1990; and SOR/2006-108 — Regulations Amending the Pay Television Regulations, 1990, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Radio-television and Telecommunications Commission 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/2003-296 — Regulations Amending the Wildlife Area 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/2000-272 — Tobacco Products Information 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/2008-268 — Regulations Amending the Industrial Design Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Intellectual Property Office with respect to certain comments made by the committee.

The committee considered the following Statutory Instruments without comment:

SOR/2005-280 — Boat and Fire Drill and Means of Exit Regulations;

SOR/2006-295 — Order Amending the Schedule to the Customs Tariff, 2006-3;

SOR/2006-328 — Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2007), No. 2;

SOR/2007-88 — Regulations Amending the Livestock and Poultry Carcass Grading Regulations;

SOR/2007-98 — Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2007), No. 3;

SOR/2007-134 — Public Opinion Research Contract Regulations;

SOR/2007-141 — Order Amending the Schedule to the Customs Tariff — Pharmaceutical Understanding, 2007;

SOR/2007-300 — Order Amending the Schedule to the Customs Tariff, 2007-2;

SOR/2007-306 — Regulations Amending the Public Service Superannuation Regulations;

SOR/2008-264 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act;

SOR/2008-313 — Order Amending the Schedule to the Customs Tariff (Wine and Beer);

SOR/2008-321 — Order Amending the Schedule to the Customs Tariff, 2008-2;

SOR/2009-137 — Regulations Amending the Firearms Fees Regulations;

SOR/2009-138 — Regulations Amending the Firearms Licences Regulations;

SOR/2009-153 — Order Amending the Schedule to the Customs Tariff, 2009-1;

SOR/2009-155 — Regulations Amending the Income Tax Regulations (Capital Cost Allowance — 2009 Budget Measure, Miscellaneous Program);

SOR/2009-156 — Regulations Amending the Metal Mining Effluent Regulations;

SOR/2009-313 — Regulations Amending the Firearms Marking Regulations;

SOR/2010-27 — Regulations Amending the Private Buoy Regulations;

SOR/2010-32 — Order Amending Schedule 1 to the Species at Risk Act;

SOR/2010-33 — Order Amending Schedule 1 to the Species at Risk Act; and

SOR/2010-36 — Regulations Amending the Ships' Stores Regulations (Canadian Coast Guard).

At 10:07 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)