Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 21 - Minutes of Proceedings

OTTAWA, Thursday, March 21, 2013
(22)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:33 a.m., this day, in room 256-S, Centre Block, the joint chair, the Honourable Senator Bob Runciman and vice-chair, Mr. Massimo Pacetti, presiding.

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

Representing the House of Commons: Rob Anders, Paulina Ayala, Patrick Brown, Réjean Genest, Brian Masse, Massimo Pacetti, Andrew Saxton, Mark Strahl, Maurice Vellacott and Wai Young (10).

Acting members present for the House of Commons: Kelly Block for Garry Breitkreuz and Dan Albas for Patrick Brown (2).

Also present: Paul Cardegna, 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.

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/97-6 — Feeds Regulations, 1983, amendment; SOR/97-9 — Seeds Regulations, amendment; and SOR/2001-274 — Regulations Amending the Seeds Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Agriculture and Agri-Food Canada with respect to certain comments made by the committee.

In the matter of SOR/2004-122 — Regulations Amending the Certification of Origin of Goods Exported to a Free Trade Partner Regulations; SOR/2004-127 — Regulations Amending the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations; SOR/2004-128 — Regulations Amending the Temporary Importation (Tariff Item No. 9993.00.00) Regulations; SOR/2004-129 — CCRFTA Verification of Origin Regulations; and SOR/2005-257 — Definition of ``Settler'' for the Purpose of Tariff Item No. 9807.00.00 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.

In the matter of SOR/2007-16 — Softwood Lumber Products Export Allocations 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/95-405 — Response Organizations and Oil Handling Facilities Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2001-179 — Regulations Amending the Life Saving Equipment Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2006-256 — Regulations Amending the Life Saving Equipment Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-99 — Load Line Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-100 — Tariff Amending the Ships Registry and Licensing Fees Tariff, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-275 — Environmental Response Arrangements Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-18 — Regulations Amending the Competency of Operators of Pleasure Craft Regulations; and SOR/2007-124 — Regulations Amending the Competency of Operators of Pleasure Craft Regulations, it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-28 — Regulations Amending the Weights and Measures Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Measurement Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-305 — Regulations Amending the Canada Industrial Relations Board Regulations, 2001, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Industrial Relations Board with respect to certain comments made by the committee.

In the matter of SI/2012-37 — Order Amending the Canadian Passport Order, 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/2007-302 — Regulations Amending the Food and Drug Regulations and the Dairy Products Regulations, 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 SOR/93-195 — Quebec Maple Syrup Producers' Levy (Interprovincial and Export Trade) Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Farm Products Council of Canada with respect to certain comments made by the committee.

In the matter of SOR/96-484 — Radiocommunication 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/99-122 — Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, 1998, 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 review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2008-97 — Administrative Monetary Penalties 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/77-702 — Ontario Greenhouse Vegetable Appointed Shippers' Procedures (Interprovincial and Export) Regulations, amendment, it was agreed that counsel to the committee correspond with the chairman of the Ontario Greenhouse Vegetable Growers with respect to certain comments made by the committee.

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 SOR/95-212 — Plant Protection 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/2010-83 — Fire and Boat Drills 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/99-325 — Exception for Educational Institutions, Libraries, Archives and Museums Regulations, it was agreed that the file be closed.

In the matter of SOR/2012-114 — Regulations Amending the Retirement Compensation Arrangements Regulations, No. 1, it was agreed that the file be closed.

In the matter of SOR/2012-131 — Regulations Amending the Retirement Compensation Arrangements Regulations, No. 1, it was agreed that the file be closed.

In the matter of SOR/2012-238 — Regulations Amending the Power Line Crossing Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2012-49 — Order Amending the Order Respecting the Interim Federal Health Program, 2012;

SI/2012-58 — Order Designating the Minister of Public Works and Government Services for the Purposes of the Act;

SI/2012-59 — Order Transferring to Shared Services Canada the Control and Supervision of the Portion of the Federal Public Administration in the Acquisitions Branch of the Department of Public Works and Government Services known as the Information Technology Shared Services Procurement Directorate;

SI/2012-60 — Order Transferring to the Department of Health and to the Public Health Agency of Canada the Control and Supervision of Certain Portions of the Federal Public Administration;

SI/2012-62 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2012-63 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2012-68 — Order Fixing August 20, 2012 as the Day on which Division 12 of the Act Comes into Force;

SI/2012-69 — Order Declining to Refer Back to the CRTC Decision CRTC 2012-308;

SI/2012-70 — Order Assigning the Honourable Leona Aglukkaq to Assist the Minister of Foreign Affairs;

SI/2012-71 — Order Fixing October 1, 2012 as the Day on which the Act Comes into Force;

SI/2012-72 — Personal Health Information Custodians in Newfoundland and Labrador Exemption Order;

SI/2012-73 — Haiti Remission Order;

SI/2012-74 — Proclamation Designating the ``Fire Prevention Week'';

SI/2012-75 — Order Fixing September 30, 2012 as the Day on which Subsection 713(2) and Certain Sections of the Act Come into Force;

SI/2012-76 — Reservation to the Crown Waiver Order (Hecla and Griper Bay, N.W.T.);

SI/2012-78 — Order Designating the Minister of Transport as the appropriate Minister for the Windsor-Detroit Bridge Authority;

SI/2012-79 — Indian Art-I-Crafts of Ontario Remission Order;

SI/2012-80 — Reservation to the Crown Waiver Order (Dolomite Lake, N.W.T.);

SI/2012-81 — Reservation to the Crown Waiver Order (Mackenzie River, N.W.T.);

SI/2012-82 — Reservation to the Crown Waiver Order (Great Slave Lake, N.W.T.);

SI/2012-83 — Reservation to the Crown Waiver Order (Yellowknife Bay, N.W.T.);

SI/2012-84 — Order Fixing the Day on which this Order is Made as the Day on which Certain Sections of the Act Come into Force;

SI/2012-86 — Gregory MacNevin Remission Order;

SI/2012-87 — Order Fixing January 1, 2013 as the Day on which Part 7, other than Sections 22 to 24, of the Act Comes into Force;

SI/2012-88 — Order Fixing December 1, 2012 as the Day on which Sections 526 to 528 of the Act Come into Force;

SOR/2008-269 — Regulations Amending the Onshore Pipeline Regulations, 1999;

SOR/2010-105 — Regulations Amending the Food and Drug Regulations (743 — Non-Medicinal Ingredients);

SOR/2012-101 — Regulations Amending the Firearms Fees Regulations;

SOR/2012-140 — Regulations Amending the Pulp and Paper Effluent Regulations;

SOR/2012-142 — Regulations Amending the Specialty Services Regulations, 1990;

SOR/2012-149 — Administrative Monetary Penalties Regulations (International Bridges and Tunnels);

SOR/2012-223 — Order Amending Schedule III to the Financial Administration Act; and

SOR/2012-226 — MicroSD Cards Exclusion Regulations (Copyright Act).

It was agreed that counsel to the Committee prepare a list of departments which are claiming a lack of resources as a reason for delaying amendments. It was further agreed that counsel report the matter at the committee meeting of June 2, 2013.

At 9:58 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)