Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 13 - Minutes of Proceedings

OTTAWA, Thursday, December 9, 2010
(14)

[English]

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

Representing the Senate: The Honourable Senators Boisvenu, Harb, Hervieux-Payette, P.C., Martin, Moore and Stratton (6).

Representing the House of Commons: Rob Anders, Gérard Asselin, Ray Boughen, Rod Bruinooge, Rob Clarke, Andrew Kania, Derek Lee, Brian Masse and Andrew Saxton (9).

Acting members present for the House of Commons: Mario Laframboise for Nicolas Dufour and Francis Scarpaleggia for Marlene Jennings (2).

Also present: Julie Pelletier, Acting 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.

In the matter of C.R.C. c. 954 — Indian Estates Regulations, it was agreed that the second report of the Standing Joint Committee for the Scrutiny of Regulations entitled Report No. 86 — Indian Estates Regulations, be adopted.

At 8:40 a.m., 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/2002-438 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2002-2 (Miscellaneous Program), 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/94-785 — Retirement Compensation Arrangements Regulations, No. 1, 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 Parks Canada Master List of Fees, as published August 28, 2010, 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/2008-115 — Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code, 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/2009-236 — Order 2009-87-03-01 Amending the Domestic Substances List; SOR/2009-237 — Order 2009-87-05-03 Amending the Domestic Substances List; SOR/2009-238 — Order 2009-87-03-04 Amending the Domestic Substances List; SOR/2009 — Order 2009-87-05-04 Amending the Domestic Substances List; and SOR/ 2010-66 — Order 2009-87-03-03 Amending the Domestic Substances List, it was agreed that the files be closed.

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

In the matter of SOR/96-143 — Veterinary Drug Evaluation Fees 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/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 Canada with respect to certain comments made by the committee.

In the matter of SI/2009-56 — Order Amending the Canadian Passport Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Foreign Affairs and International Trade Canada with respect to certain comments made by the committee.

In the matter of SOR/2005-296 — Regulations Amending the Alberta Fishery Regulations, 1998, 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/2007-302 — Regulations Amending the Food and Drug Regulations and the Dairy 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/2010-98 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999, it was agreed that the file be closed.

In the matter of SOR/2010-156 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b) Exemption Order (Security, Safety and International Relations), No. 2010-3, it was agreed that the file be closed.

In the matter of SOR/2000-108 — Export Control List Notification 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/2002-317 — Export of Substances Under the Rotterdam Convention 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/2007-23 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that the file be closed.

In the matter of SOR/95-100 — Newfoundland Offshore Certificate of Fitness Regulations; SOR/95-104 — Newfoundland Offshore Petroleum Installations Regulations; SOR/95-144 — Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations; SOR/95-187 — Nova Scotia Offshore Certificate of Fitness Regulations; SOR/ 95-191 — Nova Scotia Offshore Petroleum Installations Regulations; SOR/95-334 — Newfoundland Offshore Area Petroleum Geophysical Operations Regulations; SOR/96-114 — Canada Oil and Gas Certificate of Fitness Regulations; SOR/96-117 — Canada Oil and Gas Geophysical Operations Regulations; SOR/96-118 — Canada Oil and Gas Installation Regulations; and SOR/2002-170 — Regulations Amending Certain Regulations Made under the Canada Oil and Gas Operations Act (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Natural Resources Canada with respect to certain comments made by the committee.

In the matter of SOR/95-500 — Power Line Crossing Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Energy Board with respect to certain comments made by the committee.

In the matter of SOR/99-122 — Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, 1998, 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/2002-78 — Regulations Amending the Pension Benefits Standards Regulations, 1985; and SOR/2001-222 — Regulations Amending the Pension Benefits Standards Regulations, 1985, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Office of the Superintendent of Financial Institutions Canada with respect to certain comments made by the committee.

In the matter of Weights and Measures Specifications, SGM-1; Weights and Measures Specifications, SGM-3; and Weights and Measures Specifications, SGM-7, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Measurement Canada with respect to certain comments made by the committee.

In the matter of SOR/97-109 — PCB Waste Export Regulations, 1996, 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/2006-193 — Regulations Amending the Egg 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/2009-86 — Order Amending Schedule 1 to the Species at Risk Act, 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.

The committee considered the following Statutory Instruments without comment:

SI/2010-45 — Statistics Canada Census-Related Term Employment Exclusion Approval Order;

SI/2010-46 — Student Employment Programs Participants Exclusion Approval Order;

SI/2010-50 — Proclamation Fixing July 31, 2010 as the Day on which Sections 39 to 47 of that Act come into force;

SI/2010-53 — Employment Insurance Regulations (work-sharing claimants) — Remission Order;

SI/2010-54 — Reservation to the Crown Waiver Order (Great Slave Lake, N.W.T.);

SI/2010-55 — Order Fixing September 1, 2010 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2010-56 — Camp Segunakadeck Inc. Remission Order;

SI/2010-57 — Order Fixing September 1, 2010 and January 1, 2012 as the Dates on which certain Sections of that Act come into force;

SOR/2009-88 — Regulations Amending the Exclusion List Regulations, 2007;

SOR/2009-89 — Infrastructure Projects Environmental Assessment Adaptation Regulations;

SOR/2009-131 — Regulations Amending the Exclusion List Regulations, 2007;

SOR/2010-110 — Notice Respecting the 2010 G8 and G20 Summits Railway Transportation Security Measures;

SOR/2010-123 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2010-124 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2010-132 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a One Dollar Circulation Coin;

SOR/2010-133 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a One Dollar Circulation Coin;

SOR/2010-135 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010-5;

SOR/2010-145 — Regulations Amending the Access to Information Regulations;

SOR/2010-146 — Regulations Amending the Privacy Regulations;

SOR/2010-153 — Order Amending Schedule 2 to the Canada National Marine Conservation Areas Act; and

SOR/2010-155 — Order Amending the Canadian Chicken Marketing Levies Order.

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)