Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 3 - Minutes of Proceedings

OTTAWA, Thursday, April 29, 2010
(3)

[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 Senator Martin and Mr. Andrew Kania, Joint Chairs, presiding.

Representing the Senate: The Honourable Senators Boisvenu, Harb, Housakos, Martin, Moore and Wallace (6).

Representing the House of Commons: Scott Armstrong, Harold Albrecht, Gérard Asselin, Ray Boughen, Christiane Gagnon, Cheryl Gallant, Andrew Kania, Derek Lee, Brian Masse and Paul Szabo (10).

Acting members present for the House of Commons: Paul Callandra for Dona Cadman; Bradley Trost for Dona Cadman, Ed Komarnicki for Royal Galipeau (3).

Also present: Graeme Truelove, 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.

It was agreed that the Honourable Senator Moore and Ms. Christiane Gagnon be named as members of the steering committee.

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/2007-135 — Phytophthora Ramorum Compensation 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/2002-301 — Interprovincial Movement of Hazardous Waste 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/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 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 matters of SOR/2009-109 — Order Amending Schedule I to the Hazardous Products Act (Glass Doors and Enclosures); and SOR/2009-111 — Order Amending Schedule I to the Hazardous Products Act (Corded Window Covering Products), it was agreed that the files be closed.

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 Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matters 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 correspond with the Designated Instruments Officer of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-39 — National Energy Board Processing Plant 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 matters 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 Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2006-260 — Pest Control Products Incident Reporting Regulations, it was agreed that the file be closed.

In the matter of SOR/2006-141 — Order 2006-87-04-01 Amending the Domestic Substances List, 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/2001-132 — Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and 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/2001-227 — Marihuana Medical Access 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/2003-363 — Antarctic Environmental Protection 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/95-233 — Saskatchewan Fishery Regulations, 1995, 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/2005-297 — Regulations Amending the Weights and Measures 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/2005-190 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties 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/2008-253 — Regulations Amending the Immigration and Refugee Protection Regulations (Permanent Residents), 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/2008-254 — Regulations Amending the Immigration and Refugee Protection Regulations (Canadian Experience Class), 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/2009-290 — Regulations Amending the Immigration and Refugee Protection Regulations, it was agreed that the file be closed.

In the matter of SOR/2009-312 — Order Amending the Quebec Wood Producers' Levies (Interprovincial and Export Trade) Order, it was agreed that the file be closed.

In the matters of SOR/2009-335 — Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act (Miscellaneous Program); and SOR/2009-141 — Regulations Amending the Letter Mail Regulations, it was agreed that the files be closed.

In the matter of SOR/2010-12 — Regulations Amending the Canada Travelling Exhibitions Indemnification Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-39 — Regulations Amending the Food and Drug Regulations (1437 — Maximum Residue Limits for Veterinary Drugs), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SOR/2009-177 — Order Designating Nova Scotia for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code;

SOR/2009-180 — Order Amending Schedule I to the Hazardous Products Act (Glazed Ceramics and Glassware) (Miscellaneous Program);

SOR/2009-184 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2009-192 — Order Amending Schedule I to the Hazardous Products Act (Residential Detectors);

SOR/2009-195 — Regulations Amending the Ships' Stores Regulations (2009);

SOR/2009-196 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2009-198 — CEFTA Rules of Origin Regulations;

SOR/2009-199 — CEFTA Rules of Origin for Casual Goods Regulations;

SOR/2009-202 — Proclamation Exempting the Waters of Sandy Pond from the Operation of Section 22 of the Navigable Waters Protection Act;

SOR/2009-203 — Order Amending the Indian Bands Council Elections Order (Williams Lake);

SOR/2009-205 — Order Amending the Approved Breath Analysis Instruments Order;

SOR/2009-206 — Order 2009-87-05-01 Amending the Domestic Substances List;

SOR/2009-207 — Regulations Amending the Immigration and Refugee Protection Regulations (Mexico);

SOR/2009-208 — Regulations Amending the Immigration and Refugee Protection Regulations (Czech Republic);

SOR/2009-210 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2009-224 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2009-226 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2009-227 — Order Authorizing the Issue and Determining the Composition, Dimensions and Designs of a Twenty-five Cent Circulation Coin;

SOR/2009-229 — Order Amending the CCRFTA Sugar Aggregate Quantity Limit Remission Order;

SOR/2009-230 — Order Repealing Certain Orders Made Under the Customs Tariff (Paper Burden Reduction Initiative);

SOR/2009-239 — Order Amending the Approved Screening Devices Order;

SOR/2009-240 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2009-241 — Order Amending Schedule IV to the Financial Administration Act;

SOR/2009-242 — Order Amending Part II of Schedule VI to the Financial Administration Act;

SOR/2009-243 — Order Amending Schedule I to the Access to Information Act;

SOR/2009-244 — Order Amending the Schedule to the Privacy Act;

SOR/2009-245 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2009-246 — Order Amending Schedule IV to the Financial Administration Act; and

SOR/2009-247 — Order Amending Part II of Schedule VI to the Financial Administration Act.

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)