Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - September 29, 2011

OTTAWA, Thursday, September 29, 2011
(2)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:30 a.m., this day, in Room 256-S, Centre Block, the Honourable Senator Bob Runciman and Ms. Françoise Boivin, Joint Chairs, presiding.

Representing the Senate: The Honourable Senators Braley, Harb, Hervieux-Payette, P.C., Housakos, Moore, Rivard, Runciman and Verner, P.C. (8).

Representing the House of Commons: Dan Albas, Françoise Boivin, Garry Breitkreuz, Patrick Brown, Rod Bruinooge, Pierre Dionne Labelle, Jean-François Larose, Massimo Pacetti, Andrew Saxton, Brad Trost and David Wilks (11).

Acting members present for the House of Commons: Brian Masse for Glenn Thibeault (1).

Also present: Andrew Lauzon, 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.

Senator Moore moved:

That the following budget application in the amount of $23,500 be approved:

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

In the matter of Proposed Legislation on Incorporation by Reference, 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/2010-282 — Credit Enhancement Fund Use Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-316 — Order 2010-87-12-02 Amending the Domestic Substances List; and SOR/2010- 317 — Order 2010-66-12-01 Amending the Domestic Substances List, it was agreed that the files be closed.

In the matter of SI/2009-102 — Order Fixing the Date of the Coming into Force of Certain Sections of the Act, 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/2003-105 — Seaway Property 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/2006-275 — Solvency Funding Relief Regulations; and SOR/2009-182 — Solvency Funding Relief Regulations, 2009, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Superintendent of Financial Institutions Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-88 — Renewable Fuel Used as Ships' Stores Remission Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2002-36 — Canadian Chicken Marketing Quota Regulations; and SOR/2010-268 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Farm Products Council of Canada with respect to certain comments made by the committee.

In the matter of SOR/2009-193 — Residential Detectors Regulations, it was agreed that the file be closed.

In the matter of SOR/2010-192 — Regulations Amending the Designated Public Office Holder Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Treasury Board of Canada Secretariat and with the chair of the House of Commons Standing Committee on Access to Information, Privacy and Ethics with respect to certain comments made by the committee.

In the matter of SOR/2003-219 — Passenger Information (Customs) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2005-39 — Regulations Amending the Veterans Health Care Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Veterans Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2006-77 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VII), 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/2002-164 — National Capital Commission Animal Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Capital Commission with respect to certain comments made by the committee.

In the matter of SOR/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act), 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 SI/2009-110 — Right of Permanent Residence Fees Remission 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/2010-67 — Order Awarding the Operational Service Medal with the HAITI ribbon, 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/2010-70 — Order Awarding the Operational Service Medal with the EXPEDITION ribbon, 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/2009-18 — Regulations Amending Certain Regulations Administered and Enforced by the Canada Food Inspection Agency, 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/2011-6 — Amending the Sampling and Marking of Tobacco Products Regulations (2011), 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 Notice Amending the Canadian Food Inspection Agency Fees Notice, it was agreed that the file be closed.

In the matter of Notice Amending the Canadian Food Inspection Agency Fees Notice, it was agreed that the file be closed.

In the matter of SI/2010-64 — Special Service Medal Bar Order, it was agreed that the file be closed.

In the matter of SI/2010-85 — Non-Article 5 North Atlantic Treaty Organization (NATO) Medal for NATO Logistical Support to the African Union Mission in Sudan (AMIS) Order, it was agreed that the file be closed.

In the matter of SOR/2010-195 — Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2011-41 — Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2010-86 — Order Fixing June 1, 2011 as the Date of the Coming into Force of certain Sections of An Act to amend certain Acts in relation to financial institutions;

SI/2011-5 — Order Fixing January 31, 2011 as the Day on which that Act Comes into Force;

SOR/2009-204 — The Micronutrient Initiative Divestiture Regulations;

SOR/2009-223 — Regulations Amending the Eligible Financial Contract General Rules (Companies' Creditors Arrangement Act) (Miscellaneous Program);

SOR/2010-35 — Regulations Amending the Application of Provincial Laws Regulations;

SOR/2010-175 — Regulations Amending the Employment Insurance Regulations;

SOR/2010-188 — Regulations Amending the Canada Student Financial Assistance Regulations;

SOR/2010-246 — Order 2010-87-05-01 Amending the Domestic Substances List;

SOR/2010-247 — Order 2010-87-05-02 Amending the Domestic Substances List;

SOR/2010-254 — Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act;

SOR/2010-255 — Order Amending the Indian Bands Council Elections Order (Campbell River);

SOR/2010-256 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2010-258 — Order 2010-87-11-01 Amending the Domestic Substances List

SOR/2010-260 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2010-266 — Regulations Amending the Canadian Hatching Egg Producers Quota Regulations;

SOR/2010-269 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2010-274 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2010-279 — Regulations Amending the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations;

SOR/2010-280 — Order Amending the Ontario Hog Charges (Interprovincial and Export) Order;

SOR/2010-283 — Regulations Amending the Schedule to the Agricultural Marketing Programs Act;

SOR/2010-285 — Regulations Amending Certain Department of Finance Regulations (Miscellaneous Program);

SOR/2010-295 — Regulations Amending the Laurentian Pilotage Tariff Regulations;

SOR/2010-306 — Order Amending the Pardon Services Fees Order;

SOR/2010-308 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2010-309 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2010-311 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2010-312 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2010-313 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2010-314 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2010-315 — Order Amending the Canadian Egg Marketing Levies Order;

SOR/2011-3 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2011-4 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2011-8 — Order Amending Schedule 1 to the Species at Risk Act;

SOR/2011-131 — CCOFTA Rules of Origin Regulations;

SOR/2011-149 — Regulations Amending the Canadian Chicken Marketing Quota Regulations; and

SOR/2011-150 — Regulations Amending the Canadian Wheat Board Regulations.

At 9:55 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)