Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 14 - Minutes of Proceedings

OTTAWA, Thursday, February 17, 2011
(15)

[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 chairs, the Honourable Yonah Martin and Mr. Andrew Kania, presiding.

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

Other senator present: The Honourable Senator Fraser (1).

Representing the House of Commons: Rob Anders, Gordon Brown, Dona Cadman, Marlene Jennings, Andrew Kania, Derek Lee, Pascal-Pierre Paillé, Andrew Saxton and Rodney Weston (9).

Acting members present for the House of Commons: Randy Kamp for Rod Bruinooge, Joe Comartin for Brian Masse and Christiane Gagnon for Gérard Asselin (3).

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 Past practice of the Joint Committee as concerns questions to witnesses from Counsel, the committee considered the issue.

In the matter of SOR/2007-82 — Identity Screening Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/94-118 — Timber Regulations, 1993, it was agreed that the joint chairs correspond with the Minister of Natural Resources with respect to certain comments made by the committee.

In the matter of SOR/97-555 — Broadcasting Distribution Regulations; SOR/2003-29 —Regulations Amending the Broadcasting Distribution Regulations; and SOR/2003-458 — Regulations Amending the Broadcasting Distribution Regulations, 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/2009-20 — Regulations Amending the Wild Animal and Plant Trade 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/2002-76 — Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Parks Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-29 — Regulations Amending the Public Service Superannuation 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/95-255 — National Historic Parks General Regulations, amendment; and In the matter of SOR/2005-206 — Regulations Amending the National Parks of Canada Fishing Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Parks Canada with respect to certain comments made by the committee.

In the matter of SOR/96-423 — Patent Rules; and SOR/2003-208 — Rules Amending the Patent Rules, 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.

In the matter of SOR/2000-184 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2000-1 (Miscellaneous Program), the matter was deferred to the next meeting of the committee.

In the matter of SOR/2007-260 — Asbestos Products Regulations, the matter was deferred to the next meeting of the committee.

In the matter of SOR/94-165 — Oil and Gas Occupational Safety and Health Regulations, amendment; and SOR/ 95-105 — On Board Trains Occupational Safety and Health Regulations, amendment, the matters were deferred to the next meeting of the committee.

In the matter of SOR/2005-178 — Cigarette Ignition Propensity Regulations, the matter was deferred to the next meeting of the committee.

In the matter of SOR/2007-255 — Eligible Financial Contract Regulations (Canada Deposit Insurance Corporation Act); SOR/2007-256 — Eligible Financial Contract General Rules (Bankruptcy and Insolvency Act); SOR/2007-257 — Eligible Financial Contract General Rules (Companies' Creditors Arrangement Act); and SOR/2007-258 — Eligible Financial Contract Regulations (Winding-up and Restructuring Act), 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/2009-324 — Regulations Amending the Esquimalt Graving Dock Regulations, 1989, 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/2010-76 — Regulations Amending the Canadian Chicken Licensing 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/2010-294 — Regulations Amending the Pacific Pilotage Tariff Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-303 — Regulations Amending the Controlled Goods Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-304 — Regulations Amending the Canadian Aviation Regulations (Parts I and VI), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2010-61 — Order Designating the Leader of the Government in the House of Commons as the Appropriate Minister for the Canada Lands Company Limited;

SI/2010-62 — Proclamation Designating the ``Fire Prevention Week'';

SI/2010-65 — Order Awarding the Operational Service Medal with the SOUTH-WEST ASIA ribbon;

SI/2010-66 — Order Awarding the Operational Service Medal with the SIERRA LEONE ribbon;

SI/2010-68 — Order Awarding the Operational Service Medal with the SUDAN ribbon;

SI/2010-69 — Order Awarding the Operational Service Medal with the HUMANITAS ribbon;

SI/2010-71 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2010-72 — Order Fixing August 27, 2010 as the Date of the Coming into Force of Certain Sections of the Act;

SOR/2010-159 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2010-160 — Regulations Amending the Canada Grain Regulations;

SOR/2010-163 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2010-167 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2010-168 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2010-178 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2010-1;

SOR/2010-179 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2010-3;

SOR/2010-180 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act, No. 2010-1;

SOR/2010-181 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act, No. 2010-2;

SOR/2010-183 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act; and

SOR/2010-187 — Commissioner's Standing Orders Repealing the Rules Respecting the Dispute Resolution Process for Promotions and Job Requirements.

At 10:05 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)