Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 5 - Minutes of Proceedings

OTTAWA, Thursday, May 27, 2010
(5)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:34 a.m., this day, in room 356-S, Centre Block, the Honourable Senator Yonah Martin and Mr. Andrew Kania, Joint Chairs, presiding.

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

Representing the House of Commons: Scott Armstrong, Harold Albrecht, Gérard Asselin, Ray Boughen, Dona Cadman, Christiane Gagnon, Royal Galipeau, Andrew Kania, Derek Lee and Paul Szabo (10).

Acting members present for the House of Commons: John Rafferty for Brian Masse; Rob Clarke for Cheryl Gallant (2).

Also present: Graeme Truelove, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Evelyne Borkowski-Parent, 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/97-144 — Broadcasting Licence Fee Regulations, 1997, it was agreed that the file be closed.

In the matter of SOR/2001-536 — Regulations Amending the Consular Services Fees Regulations, 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/2008-298 — Regulations Amending the Gun Shows Regulations, it was agreed that the file be closed.

In the matter of SOR/2004-27 — Regulations Amending the Collision 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 Canadian Food Inspection Agency Fees Notice, 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/94-118 — Timber Regulations, 1993, 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/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 with respect to certain comments made by the committee.

In the matter of SI/2009-94 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories [Saoyú-Æehdacho (Grizzly Bear Mountain and Scented Grass Hills) National Historic Site] Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Indian and Northern Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2001-167 — Regulations Amending the Meat Inspection Regulations, 1990; and SOR/2004- 280 — Regulations Amending the Meat Inspection Regulations, 1990, 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/2002-153 — Order Amending the Export Control List, 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/2007-169 — Regulations Amending the Compensation for Destroyed Animals 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/2009-112 — Corded Window Covering Products 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 SI/2009-104 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/2007-171 — Regulations Amending the Port Authorities Operations Regulations, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/2001-401 — Minority Investment (Bank Holding Companies) Regulations; SOR/2001-405 — Minority Investment (Insurance Holding Companies) Regulations; SOR/2001-480 — Supervisory Information (Bank Holding Companies) Regulations; and SOR/2001-484 — Supervisory Information (Insurance Holding Companies) Regulations, it was agreed that consideration of these files be postponed until the next meeting of 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 consideration of these files be postponed until the next meeting of the committee.

In the matter of SOR/2002-148 — Regulations Designating Persons and Categories of Persons — Other than Travellers Destined for the United States — Who May Enter a Preclearance Area, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of C.R.C. c. 1238 — Northwest Territories Reindeer Regulations, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/88-58 — Air Transportation Regulations, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/95-189 — Nova Scotia Offshore Area Petroleum Diving Regulations, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/2002-352 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII), it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/2006-209 — Regulations Amending the Fishery (General) Regulations, it was agreed that consideration of this file be postponed until the next meeting of the committee.

In the matter of SOR/2007-13 — Regulations Amending the Canada Pension Plan Investment Board Regulations, it was agreed that the file be closed.

In the matter of SOR/2009-145 — Order Amending the Schedule to the Customs Tariff (Conditions for Special Provisions for the Purposes of the United States Tariff (UST)), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2007-66 — Proclamation Giving Notice of the Coming into Force on May 4, 2004 of the Protocol Amending the Convention Between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland for the Avoidance of Double Taxation;

SI/2007-87 — Testing of Unregistered US Military Herbicides, including Agent Orange, at CFB Gagetown Ex Gratia Payments Order;

SI/2008-25 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008;

SI/2008-81 — Order Amending the Specifications Relating To Non-automatic Weighing Devices (1998);

SI/2008-148 — Order Governing the Grant of the Memorial Cross;

SI/2009-24 — Order Respecting Ex-Gratia Payments to Any Person or Entity that Should Receive those Payments on Behalf of a Deceased Person who was a Chinese Head Tax Payer or who was in a Conjugal Relationship with a Head Tax Payer;

SI/2009-50 — Order Amending the Schedule to the Species at Risk Act;

SI/2009-61 — Cetificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada Order;

SI/2009-90 — Order Amending the Visiting Forces and Visiting Forces Personnel Alcoholic Beverages Remission Order;

SI/2009-103 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Ukkusiksalik National Park) Order;

SI/2009-111 — Liard First Nation Remission Order;

SI/2009-112 — Order Fixing January 1, 2010 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2009-113 — Order Designating the Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River as a Department and the Prime Minister as Appropriate Minister;

SI/2009-114 — Michael Renshaw Remission Order;

SOR/2008-309 — Regulations Amending the Immigration and Refugee Protection Regulations (2010 Vancouver Olympic and Paralympic Winter Games);

SOR/2009-129 — Order Amending the Mobile Offshore Drilling Units Remission Order, 2004;

SOR/2009-133 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2009-135 — Order 2009-87-02-01 Amending the Domestic Substances List;

SOR/2009-140 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2009-142 — Regulations Amending the Marihuana Medical Access Regulations;

SOR/2009-146 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2009-154 — Order Amending Schedule 1 to the Canada Shipping Act, 2001;

SOR/2009-158 — Order Amending the Indian Bands Council Elections Order (Abénakis de Wôlinak);

SOR/2009-159 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2009-160 — By-law Amending the Canada Deposit Insurance Corporation Joint and Trust Account Disclosure By-law;

SOR/2009-161 — Order Amending the Weed Seeds Order, 2005;

SOR/2009-164 — Regulations Amending the Immigration and Refugee Protection Regulations (Section 87.1); and

SOR/2009-169 — Regulations Amending the Laurentian Pilotage Tariff Regulations.

At 9:30 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)