Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 11 - Minutes of Proceedings

OTTAWA, Thursday, April 26, 2012
(12)

[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 joint chair, the Honourable Senator Bob Runciman, presiding.

Representing the Senate: The Honourable Senators Braley, Dagenais, Frum, Harb, Moore, Runciman and Verner, P.C. (7).

Representing the House of Commons: Dan Albas, Rob Anders, Paulina Ayala, Garry Breitkreuz, Chris Charlton, Réjean Genest, Sana Hassainia, Jim Hillyer, Massimo Pacetti, Maurice Vellacott and Terence Young (11).

Acting members present for the House of Commons: Brian Jean for David Wilks (1).

Also present: Andrew Bartholomew Chaplin, Acting 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.

Pursuant to Standing Order 106(2), the Joint Clerk (House of Commons) presided over the election of a Joint Chair (House of Commons).

On motion of Sana Hassainia, it was agreed that Chris Charlton be elected Joint Chair of the Committee (House of Commons).

At 8:36 a.m., 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/2004-274 — Regulations Amending the Firearms Licences Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Public Safety Canada with respect to certain comments made by the committee. 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/2001-32 — Controlled Goods Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Public Works and Government Services 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 matter of SOR/2011-138 — 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/2009-232 — Regulations Amending the Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea, it was agreed that the file be closed.

In the matter of Interim Order Respecting Prohibited Items, 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/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 the files be closed.

In the matter of SOR/2003-105 — Seaway Property 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/87-58 — Laurentian Pilotage Authority District No. 3 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/2007-176 — Regulations Amending the Food and Drug Regulations (1433 — Neotame), 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/2002-307 — Marine Liability 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/2002-309 — Order Amending the British Columbia Vegetable Order, 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/2005-41 — Prohibition of Certain Toxic Substances Regulations, 2005, 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/2011-205 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 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 SI/2011-92 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) order, 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/2011-93 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts'ude niline Tu'eyeta (Ramparts River and Wetlands)) Order, 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/2008-150 — Order Amending the Schedule to the Customs Tariff, 2008-1; and SOR/2011-164 Regulations Amending the List of Tariff Provisions Set out in the Schedule to the Customs Tariff, 2011, it was agreed that the files be closed.

In the matter of SOR/2012-10 — Regulations Amending the Stamping and Marking of Tobacco Products Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2012-13 — Regulations Amending the Seeds Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2011-89 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of Macedonia Comes into Force on November 1, 2011;

SI/2011-94 — Order Transferring from the Minister of Indian Affairs and Northern Development to the Minister of Health the Control and Supervision of the Canadian Northern Economic Development Agency and Ordering the Minister of Health to Preside over the Agency;

SI/2011-95 — Order Transferring to Shared Services Canada the Control and Supervision of Certain Portions of the Federal Public Administration in each Department and Portion of the Federal Public Administration known as the Email, Data Centre and Network Services Unit and the Email, Data Centre and Network Services Support Unit;

SI/2011-96 — Order Transferring to the Communications Security Establishment the Control and Supervision of Certain Portions of the Federal Public Administration in the Department of National Defence known as the Communications Security Establishment and the Communications Security Establishment Internal Services Unit;

SI/2011-97 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2011-107 — Order Fixing December 2, 2011 as the Day on which the Act Comes into Force;

SI/2011-108 — Order Fixing December 2, 2011 as the Day on which the Act Comes into Force;

SI/2011-111 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Edéhzhíe (Horn Plateau)) Order;

SI/2011-112 — Order Fixing January 1, 2012 as the Day on which Section 18 of the Act Comes into Force;

SI/2011-113 — Denise Gagnon Remission Order;

SI/2011-115 — Order Fixing December 31, 2011 as the Day on which Sections 174 and 175 of the Act Comes into Force;

SI/2011-116 — Order Fixing December 31, 2011 as the Day on which Section 44 and Subsection 45(2) of the Economic Recovery Act (stimulus) Comes into Force;

SI/2011-117 — Order Fixing December 31, 2011 as the Day on which Subsection 262(2) of the Act Comes into Force;

SI/2011-118 — Order Fixing January 1, 2012 as the Day on which Certain Provisions of that Act Comes into Force;

SI/2011-119 — Order Bringing into Force Sections 86.1 and 86.2 of the Canada Transportation Act, as enacted by section 27 of the Act;

SI/2011-120 — Order Fixing August 1, 2012 as the Day on which Part 2 of the Act Comes into Force;

SOR/2005-179 — Regulations Amending the Tobacco Reporting Regulations;

SOR/2007-74 — Regulations Amending the Income Tax Regulations (Charitable Donations);

SOR/2008-50 — Calculation of Contribution Rates Regulations, 2007;

SOR/2008-138 — Outward Processing Remission Order (Textiles and Apparel);

SOR/2008-240 — Regulations Amending the Northwest Territories and Nunavut Mining Regulations;

SOR/2010-41 — Regulations Amending the Food and Drug Regulations (1604 — Food Additives);

SOR/2010-94 — Regulations Amending the Food and Drug Regulations (1353 — Corrective Amendments, Miscellaneous Program);

SOR/2010-166 — Special Economic Measures (Iran) Permit Authorization Order;

SOR/2010-265 — Regulations Amending the Immigration and Refugee Protection Regulations (Taiwan);

SOR/2011-61 — Rules Amending the Patent Rules;

SOR/2011-115 — Special Economic Measures (Syria) Permit Authorization Order;

SOR/2011-168 — Special Economic Measures (Democratic People's Republic of Korea) Permit Authorization Order;

SOR/2011-199 — Order 2011-87-08-01 Amending the Domestic Substances List;

SOR/2011-200 — Regulations Amending the Toronto Port Authority Regulations; and

SOR/2011-211 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act.

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)