Proceedings of the Standing Joint Committee for the
Scrutiny of Regulations

Issue 8 - Minutes of Proceedings

OTTAWA, Thursday, October 21, 2010
(9)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:36 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., Housakos, Martin, Moore and Stratton (7).

Representing the House of Commons: Rob Anders, Ray Boughen, Gordon Brown, Rob Clarke, Meili Faille, Marlene Jennings, Andrew Kania, Derek Lee, Brian Masse and Andrew Saxton (10).

Acting members present for the House of Commons: Christiane Gagnon for Gérard Asselin and Phil McColeman for Rod Bruinooge (2).

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.

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 active files concerning Regulations administered by the Department of Fisheries and Oceans as of August 30, 2010, it was agreed that the joint chairs correspond with the Minister of Fisheries and Oceans Canada with respect to certain comments made by the committee.

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/2007-82 — Identity Screening 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 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/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 Agriculture and Agri-Food 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 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 Miscellaneous Statute Law Amendment Program, it was agreed that the joint chairs correspond with the Minister of Justice with respect to certain comments made by the committee.

In the matter of SOR/2010-192 — Regulations Amending the Designated Public Office Holder Regulations, it was agreed that discussions of this matter be continued at the next meeting of the committee.

In the matter of SOR/2010-17 — Regulations Amending the British Columbia Sex Offender Information Registration Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of C.R.C. c. 954 — Indian Estates Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2008-124 — Bowie Seamount Marine Protected Area Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2008-242 — Order 2008-87-05-01 Amending the Domestic Substances List, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2007-29 — Regulations Amending the Public Service Superannuation Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2009-38 — Direction Amending the Direction Applying the Auditor General Act Sustainable Development Strategy Requirements to Certain Departments, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/98-247 — Regulations Amending the Manitoba Fishery Regulations, 1987, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2004-110 — Regulations Amending the Coastal Fisheries Protection Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2006-354 — Musquash Estuary Marine Protected Area Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2007-77 — Pacific Fishery Management Area Regulations, 2007, the matter was adjourned to the next meeting of the committee.

In the matter of C.R.C. c. 1551 — Textile Labelling and Advertising Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/99-325 — Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2005-149 — Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, the matter was adjourned to the next meeting of the committee.

In the matter of SOR/2009-303 — Regulations Amending the Medical Devices Regulations (1461 — Quality Management System Certificates), 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/2010-57 — Regulations Amending the PCB 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 SI/2009-32 — Order Repealing Order in Council P.C. 1986-219 of January 23, 1986; and SOR/ 2009-97 — Order Repealing the Statistics Canada Fees Order No. 1 (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2003-115 — Regulations Respecting Excise Licences and Registrations, it was agreed that the file be closed.

In the matter of SOR/2010-95 — Regulations Amending the Food and Drug Regulations (1447 — Good Manufacturing Practices), it was agreed that the file be closed.

In the matter of SOR/2010-109 — Order Amending the 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order, it was agreed that the file be closed.

In the matter of SOR/2010-122 — Regulations Amending the Consular Fees (Specialized Services) Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2009-116 — Order Fixing January 1, 2010 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2009-118 — Jean Fortin Remission Order;

SI/2009-119 — Scott Franko Remission Order;

SI/2009-120 — Order fixing January 8, 2010 as the Date of the Coming into Force of the Act

SI/2009-121 — Proclamation Proroguing Parliament to March 3, 2010;

SI/2009-122 — Proclamation Summoning Parliament to Meet on March 3, 2010 (DISPATCH OF BUSINESS);

SI/2010-2 — Boris Shmorgun and Eduard Shmorgun Remission Order;

SI/2010-7 — Order Declining to Refer Back to the CRTC Decision CRTC 2009-673;

SOR/2003-102 — Regulations Amending Certain Regulations Made under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

SOR/2005-147 — Regulations Amending the Definition of Small Retransmission Systems Regulations;

SOR/2006-281 — Regulations Amending the Newfoundland Offshore Petroleum Drilling Regulations;

SOR/2006-282 — Regulations Amending the Nova Scotia Offshore Petroleum Drilling Regulations;

SOR/2007-187 — Regulations Amending the Access to Information Regulations;

SOR/2008-193 — Regulations Amending the Immigration and Refugee Protection Regulations (PRRA);

SOR/2008-249 — Special Economic Measures (Zimbabwe) Permit Authorization Order;

SOR/2008-270 — Regulations Amending the National Energy Board Processing Plant Regulations;

SOR/2009-122 — Regulations Amending the Motor Vehicle Safety Regulations (Head Restraints);

SOR/2009-170 — Regulations Repealing the United Nations Rwanda Regulations;

SOR/2009-171 — Order Amending Schedule I.1 to the Financial Administration Act and Amending the Order Amending Schedule I.1 to the Financial Administration Act;

SOR/2009-172 — Order Amending Schedule IV to the Financial Administration Act and Amending the Order Amending Schedule IV to the Financial Administration Act;

SOR/2009-173 — Order Amending Part III of Schedule VI to the Financial Administration Act and Amending the Order Amending Part III of Schedule VI to the Financial Administration Act;

SOR/2009-174 — Order Amending Schedule I to the Access to Information Act;

SOR/2009-175 — Order Amending the Schedule to the Privacy Act;

SOR/2009-213 — Regulations Amending the Vessel Operation Restriction Regulations;

SOR/2009-248 — Order Amending Schedule I to the Access to Information Act;

SOR/2009-249 — Order Amending the Schedule to the Privacy Act;

SOR/2009-250 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2009-251 — Regulations Amending the Canadian Turkey Marketing Regulations, 1990; and

SOR/2009-255 — Regulations Amending the Migratory Birds Regulations (Mobility-impaired Hunting).

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)