Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 14 - Minutes of Proceedings

OTTAWA, Thursday, October 4, 2012
(15)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:31 a.m., this day, in Room 256-S, Centre Block, the joint chair, the Honourable Senator Bob Runciman, presiding.

Representing the Senate: The Honourable Senators Bellemare, Braley, Harb, Hervieux-Payette, P.C., Moore, Runciman and Verner, P.C. (7).

Representing the House of Commons: Dan Albas, Rob Anders, Paulina Ayala, Ray Boughen, Garry Breitkreuz, Patrick Brown, Chris Charlton, Réjean Genest, Brian Masse, Massimo Pacetti, Andew Saxton and Maurice Vellacott (12).

Also present: Andrew Bartholomew Chaplin, Joint Clerk of the Committee (House of Commons); Simon Larouche, Committee Clerk (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.

The joint chair (Senate) made an opening statement.

Pursuant to Standing Order 106(2), the joint clerk (House of Commons) presided over the election of a joint chair (House of Commons).

Mr. Saxton moved:

That Chris Charlton be elected joint chair of the committee (House of Commons).

The question being put on the motion, it was adopted.

At 8:33 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/89-93 Ontario Fisheries Regulations, 1989, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Fisheries and Oceans with respect to certain comments made by the committee.

In the matter of SOR/98-462 — Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, it was agreed that the joint chairs correspond with the Deputy Minister of Justice with respect to certain comments made by the committee.

In the matter of SOR/2004-174 — Air Canada Pension Plan Solvency Deficiency Funding Regulations; and SOR/ 2009-211 — Air Canada Pension Plan Funding Regulations, 2009, it was agreed that the files be closed.

In the matter of Interim Order No. 10 Respecting Private Operators (2012), it was agreed that the joint chairs correspond with the Minister of Transport with respect to certain comments made by the committee and request a progress report to be provided no later than the end of January 2013.

In the matter of SOR/2008-126 — Regulations Amending the Gasoline Regulations; and SOR/2010-134 — Regulations Amending the Gasoline Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment with respect to certain comments made by the committee.

In the matter of SOR/2012-34 — Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2012-1, it was agreed that the file be closed.

In the matter of Fee Schedule (Fees to be Paid for Marine Navigation Services provided by the Canadian Coast Guard), the matter was deferred to the next meeting of the committee.

In the matter of SOR/94-165 — Oil and Gas Occupational Safety and Health Regulations, amendment, it was agreed that the joint chairs correspond with the Minister of Human Resources and Skills Development with respect to certain comments made by the committee.

In the matter of SOR/76-373 — Prince Edward Island Potato Marketing Levies Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Farm Products Council with respect to certain comments made by the committee, requesting a response within 60 days.

In the matter of SOR/2007-129 — Regulations Amending the Ozone-depleting Substances Regulations, 1998, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of the Environment with respect to certain comments made by the committee.

In the matter of SOR/2008-268 — Regulations Amending the Industrial Design Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Industry Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-169 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Agriculture and Agri-Food with respect to certain comments made by the committee.

In the matter of SOR/2011-302 — Regulations Amending certain Department of Veterans Affairs Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/95-548 — Miscellaneous Amendments Regulations (Department of Agriculture and Agri- Food) 1995-2, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Agriculture and Agri-Food with respect to certain comments made by the committee.

In the matter of SOR/2000-328 — Regulations Amending the Canada Occupational Safety and Health Regulations; and SOR/2001-284 — Regulations Amending the Canada Occupational Safety and Health Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice with respect to certain comments made by the committee.

In the matter of SOR/2008-12 — Regulations Amending the Canadian Broiler Hatching Egg and Chick Licensing Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Agriculture and Agri-Food with respect to certain comments made by the committee.

In the matter of SOR/2000-273 — Tobacco Reporting 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/2006-167 — Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2007) No. 1, it was agreed that the joint chairs correspond with the Minister of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-112 — Regulations Amending the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations, it was agreed that the joint chairs correspond with the Minister of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-257 — Regulations Amending the Employment Insurance Regulations, it was agreed that the files be closed.

In the matter of SOR/2009-209 — Regulations Amending the Canada Grain Regulations, it was agreed that the files be closed.

In the matter of SOR/2010-215 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations, it was agreed that the files be closed.

In the matter of SOR/2011-23 — Regulations Amending the Asbestos Products Regulations, it was agreed that the files be closed.

In the matter of SOR/2012-54 — Order Amending the Beef Cattle Research, Market Development and Promotion Levies Order, it was agreed that the files be closed.

In the matter of SOR/2012-119 — Order Amending the Royal Canadian Mounted Police (Dependants) Pension Fund Increase; and SOR/2011-122 — Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order in Benefits Order (Miscellaneous Program), it was agreed that the files be closed.

The committee considered the following Statutory Instruments without comment:

SI/2012-10 — Kimberley Campbell and Betty Gray Tax Remission Order;

SI/2012-11 — Madone Pelletier Sirois Remission Order;

SI/2012-12 — Order transferring to the Department of Indian Affairs and Northern Development the control and supervision of the portion of the federal public administration in the Department of Canadian Heritage known as the Urban Aboriginal Youth and Community Programs Unit;

SI/2012-14 — Order Fixing March 16, 2012 as the Day on which certain sections of the Jobs and Economic Growth Act Come into Force;

SI/2012-15 — Order fixing the Day on which this Order is made as the Day on which Section 154 and Subsection 155(3) of the Act Come into Force;

SI/2012-16 — Proclamation Giving Notice that the Convention between the Government of Canada and the Government of the Italian Republic for the Avoidance of Double Taxation with Respect to Taxes on Income and the Prevention of Fiscal Evasion Came into Force on November 25, 2011;

SI/2012-17 — Proclamation Giving Notice that the Protocol Amending the Convention between the Government of Canada and the Swiss Federal Council for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, Came into Force on December 16, 2011;

SI/2012-22 — Claude Montreuil Tax Remission Order;

SOR/91-76 — Atlantic Fishery Regulations, 1985, amendment;

SOR/2009-334 — Regulations Amending the Veterans Health Care Regulations and the Veterans Burial Regulations, 2005;

SOR/2010-147 — Statistics Canada Census-Related Term Employment Regulations;

SOR/2011-321 — Order Amending the Import Control List;

SOR/2012-17 — General Import Permit No. 80 — Carbon Steel;

SOR/2012-18 — General Import Permit No. 81 — Specialty Steel Products;

SOR/2012-25 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act, No. 2012-1 (Three Manitoba Bands);

SOR/2012-26 — Regulations Amending the Food and Drug Regulations (1611 — Asparaginase);

SOR/2012-30 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act;

SOR/2012-31 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2012-1 (Nekaneet);

SOR/2012-38 — Regulations Amending the Canada Grain Regulations;

SOR/2012-40 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2012-44 — Regulations Amending the Food and Drug Regulations (1571 — Food Additives);

SOR/2012-45 — Regulations Amending the Food and Drug Regulations (1631 — Xylanase);

SOR/2012-46 — Regulations Amending the Food and Drug Regulations (1632 — Phospholipase);

SOR/2012-50 — Regulations Amending the Pari-Mutuel Betting Supervision Regulations;

SOR/2012-51 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2012-53 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2012-55 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2012-60 — Order Amending the Order Approving Blood Sample Containers;

SOR/2012-61 — Order Amending the Approved Screening Devices Order;

SOR/2012-63 — Order 2011-66-12-01 Amending the Domestic Substances List;

SOR/2012-65 — Regulations Amending the Food and Drug Regulations (Schedule to Part J — BZP and TFMPP);

SOR/2012-66 — Order Amending Schedule III to the Controlled Drugs and Substances Act (BZP and TFMPP);

SOR/2012-67 — Regulations Amending the Manitoba Fishery Regulations, 1987; and

SOR/2012-70 — Order Amending the Qalipu Mi'kmaq First Nation Band Order.

At 9:56 a.m., pursuant to Standing Order 106(2), the joint clerk (House of Commons) presided over the election of the vice-chairs (House of Commons).

Mr. Albas moved:

That Mr. Breitkreuz be elected first vice chair of the committee (House of Commons).

The question being put on the motion, it was adopted.

Mr. Albas moved:

That Mr. Pacetti be elected second vice-chair of the committee (House of Commons).

The question being put on the motion, it was adopted.

At 9:59 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Shaila Anwar

Acting Joint Clerk of the Committee (Senate)