Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 6 - Minutes of Proceedings

OTTAWA, Thursday, June 10, 2010
(6)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:37 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., Martin, Moore, Poirier and Wallace (7).

Representing the House of Commons: Scott Armstrong, Harold Albrecht, Gérard Asselin, Ray Boughen, Dona Cadman, Christiane Gagnon, Cheryl Gallant, Royal Galipeau, Andrew Kania, Derek Lee and Paul Szabo (11).

Acting member present for the House of Commons: Peter Julian for Brian Masse (1).

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/94-439 — National Parks Camping Regulations, amendment; and SOR/94-512 — National Parks General Regulations, amendment, 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/2005-293 — Basin Head Marine Protected Area Regulations, it was agreed that the joint chairs correspond with the Minister of Fisheries and Ocean Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-135 — Phytophthora Ramorum Compensation Regulations, it was agreed that the file be closed.

In the matter of SOR/97-6 — Feeds Regulations, 1983, amendment; SOR/97-9 — Seeds Regulations, amendment; and SOR/2001-274 — Regulations Amending the Seeds Regulations, it was agreed that the joint chairs correspond with the Minister of the Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matter of SI/2007-31 — Rainy River First Nations Settlement Agreement Remission Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2010-1 — Order Repealing the Scientific or Technical Assistance Fees Order (Research Branch — Agriculture), it was agreed that the file be closed.

In the matter of SOR/2003-393 — Regulations Amending the Employment Insurance Regulations, it was agreed that counsel to the committee meet with officials of Human Resources and Skills Development Canada to try to reach agreement on the outstanding issues.

In the matter of SOR/97-61 — Regulations prescribing a territory for the purposes of the definition "country" in the Customs Tariff, 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 SOR/2007-86 — Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, 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 SI/2009-104 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order, it was agreed that the file be closed.

In the matter of SOR/2007-171 — Regulations Amending the Port Authorities Operations Regulations, it was agreed that the file be closed.

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 counsel to the committee review their status at a later date and inform the committee of the action taken.

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 review their status at a later date and inform the committee of the action taken.

In the matter of SOR/98-166 — Regulations Amending the Patented Medicines (Notice of Compliance) 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/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 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 C.R.C. c. 1238 — Northwest Territories Reindeer 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/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/95-189 — Nova Scotia Offshore Area Petroleum Diving Regulations, 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/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/2008-116 — Lobbyists Registration Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Treasury Board of Canada Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2003-314 — Regulations Amending the Atlantic Fishery Regulations, 1985, 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/2006-209 — Regulations Amending the Fishery (General) 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/2009-326 — Regulations Amending and Repealing Certain Regulations made under the Plant Protection Act (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2010-59 — Regulations Amending the Government Airport Concession Operations Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2010-3 — Order Terminating the Assignment of the Honourable Marjory LeBreton and the Honourable Peter Gordon MacKay;

SI/2010-4 — Order Terminating the Assignment of the Honourable Keith Ashfield and Assigning the Honourable Keith Ashfield to Assist the Minister of Transport;

SI/2010-5 — Order Terminating the Assignment of the Honourable Diane Ablonczy and Assigning the Honourable Diane Ablonczy to Assist the Minister of Human Resources and Skills Development;

SI/2010-6 — Order Assigning the Honourable Rob Moore to Assist the Minister of Industry;

SOR/2009-256 — Regulations Amending the Disposal at Sea Regulations;

SOR/2009-266 — Regulations Amending the Employment Insurance Regulations (Miscellaneous Program);

SOR/2009-270 — Rules Amending the Bankruptcy and Insolvency General Rules (Miscellaneous Program);

SOR/2009-272 — Regulations Amending the Great Lakes Pilotage Tariff Regulations;

SOR/2009-273 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2009-274 — Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2009-275 — Order Amending Part III of Schedule VI to the Financial Administration Act;

SOR/2009-277 — Order Designating Ontario for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code;

SOR/2009-278 — Order Designating British Columbia for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code;

SOR/2009-279 — Regulations Amending the Food and Drug Regulations (1591 — Schedule F);

SOR/2009-281 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2009-1;

SOR/2009-282 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act (2009-2);

SOR/2009-283 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act, No. 2009-1;

SOR/2009-284 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act;

SOR/2009-285 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2009-287 — Regulations Amending the Letter Mail Regulations;

SOR/2009-288 — Regulations Amending the International Letter-post Items Regulations;

SOR/2009-289 — Regulations Amending the Special Services and Fees Regulations;

SOR/2009-293 — Regulations Amending the CATSA Aerodrome Designation Regulations;

SOR/2009-295 — Regulations Amending the Introduced Forest Pest Compensation Regulations;

SOR/2009-300 — Regulations Amending the Canadian Marketing Quota Regulations;

SOR/2009-305 — Regulations Amending the Food and Drug Regulations (1594 — Schedule F);

SOR/2009-311 — Order Amending the British Columbia Vegetable Marketing Levies Order;

SOR/2009-325 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2009-332 — Order Amending Schedule 2 to the Olympic and Paralympic Marks Act;

SOR/2009-333 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2009-336 — G8 Summit Privileges and Immunities Order, 2010;

SOR/2009-337 — Order 2008-66-04-01 Amending the Domestic Substances List;

SOR/2010-2 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2010-3 — Regulations Amending the Canadian Chicken Marketing Quota; Regulations

SOR/2010-7 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2010-8 — Order Amending the Canada Turkey Marketing Producers Levy Order; and

SOR/2010-9 — Order Amending the Indian Bands Council Elections Order (Ahousaht).

At 9:45 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)