Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 4 - Minutes of Proceedings

OTTAWA, Thursday, November 17, 2011
(5)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:32 a.m., this day, in room 256-S, Centre Block, the joint chair, the Honourable Senator Bob Runciman, and the first vice-chair, Mr. Gary Breitkreuz, presiding.

Representing the Senate: The Honourable Senators Braley, Frum, Harb, Moore, Runciman and Verner, P.C. (6).

Representing the House of Commons: Dan Albas, Garry Breitkreuz, Patrick Brown, Rod Bruinooge, Pierre Dionne Labelle, Marc-André Morin, Massimo Pacetti, Glenn Thibeault, Brad Trost and David Wilks (10).

Acting member present for the House of Commons: Devinder Shory for Andrew Saxton and François Pilon for Françoise Boivin (2).

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.

The committee proceeded to consider its permanent order of reference, as set out in section 19 of 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 Correspondence Concerning the Release of Information by the National Energy Board, the Canada-Newfoundland Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board, it was agreed that the joint chairs communicate in writing the comments made by the committee to the citizen who contacted the committee on this issue.

In the matter of SOR/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act), the committee considered the matter and deferred it to the next meeting of 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/99-256 — Canada Cooperatives Regulations; and SOR/2001-513 -Regulations Amending the Canada Cooperatives 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 SI/2008-85 — Certain Fees Relating to Export Certificates Remission Order; SI/2008-86 — Certain Fees Relating to Feeder Cattle Imported from the United States Remission Order; and SI/2008-87 — Certain Fees Relating to Registered Establishments Remission Order, 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/95-212 — Plant Protection Regulations, it was agreed that the joint chairs correspond with the Minister of the Canadian Food Inspection Agency 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 joint chairs correspond with the Minister of the Department of Finance Canada with respect to certain comments made by the committee and, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Finance Canada with respect to certain comments made by the committee..

In the matter of SOR/2002-182 — Regulations Amending the Canadian Aviation Regulations (Part VI), it was agreed that the file be closed.

In the matter of SOR/2010-199 — Order Amending the Schedule to the Insurance Companies Act (Miscellaneous Program), it was agreed that the file be closed.

In the matter of C.R.C. c. 1551 — Textile Labelling and Advertising Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Competition Bureau Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-352 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII), 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 and that the Minister of Transport Canada be sent a copy of that letter.

In the matter of SOR/2010-72 — Regulations Amending Certain Department of Industry Regulations, it was agreed that the file be closed.

In the matter of SOR/96-423 — Patent Rules; and SOR/2003-208 — Rules Amending the Patent Rules, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Intellectual Property Office with respect to certain comments made by the committee.

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/2006-102 — Traffic on the Land Side of Airports 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/2003-300 — Insurance Business (Cooperative Credit Associations) 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/2005-370 — Order Amending the Schedule to the Customs Tariff, 2005-3 (Textiles and Apparel), 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/2010-223 — Regulations Amending the Benzodiazepines and Other Targeted Substances Regulations (Miscellaneous Program), 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/2010-230 — Annual Statement (Banks and Bank Holding Companies) Regulations; SOR/ 2010-231 — Annual Statement (Cooperative Credit Associations) Regulations; SOR/2010-232 — Annual Statement (Trust and Loan Companies) Regulations and SOR/2010-233 — Annual Statement (Insurance Companies and Insurance Holding Companies) 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/2010-267 — Order Amending the Indian Bands Council Elections Order (Miscellaneous Program); and SOR/2011-107 — Order Amending the Indian Bands Council Elections Order (Stz'uminus), it was agreed that the file be closed.

In the matter of SOR/2011-42 — Regulations Amending the Medical Devices Regulations (1592 — Canada's Access to Medicines Regime), it was agreed that the file be closed.

In the matter of SOR/2011-47 — Regulations Amending the Radiocommunication Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2011-67 — Order Amending the Export Control List, it was agreed that the file be closed.

In the matter of SOR/2011-216 — Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

2011 Census of Population;

SI/2011-37 — Proclamation Summoning Parliament to Meet on June 2, 2011 (DISPATCH OF BUSINESS);

SI/2011-38 — Order Terminating the Assignment of Certain Ministers;

SI/2011-39 — Order Terminating the Assignment of the Honourable Steven John Fletcher and Assigning the Honourable Steven John Fletcher to Assist the Minister of Transport;

SI/2011-40 — Order Assigning the Honourable Tony Clement to Assist the Minister of Industry;

SI/2011-41 — Order Assigning the Honourable Christian Paradis to Assist the Minister of Agriculture and Agri- Food;

SI/2011-42 — Order Assigning the Honourable Edward Fast to Assist the Minister of Transport;

SI/2011-43 — Order Assigning the Honourable Bernard Valcourt to Assist the Minister Responsible for the Atlantic Canada Opportunities Agency Act and the Minister of Foreign Affairs;

SI/2011-44 — Order Assigning the Honourable Maxime Bernier to Assist the Minister of Industry;

SI/2011-45 — Order Assigning the Honourable Tim Uppal to Assist the Prime Minister;

SI/2011-46 — Order Assigning the Honourable Alice Wong to Assist the Minister of Human Resources and Skills Development;

SI/2011-47 — Order Assigning the Honourable Bal Gosal to Assist the Minister of Canadian Heritage;

SI/2011-48 — Order Designating the Minister of Foreign Affairs for the Purposes of the National Capital Act;

SI/2011-49 — Order Designating the Minister of Finance for the Purposes of the Royal Canadian Mint Act;

SI/2011-50 — Order Designating the Minister of Public Works and Government Services as the Appropriate Minister for the Canada Lands Company Limited;

SI/2011-51 — Order Amending Schedule I.1 to the Financial Administration Act;

SI/2011-52 — Order Terminating the Assignment of the Honourable Rona Ambrose and Assigning the Honourable Rona Ambrose to Assist the Minister of Human Resources and Skills Development;

SI/2011-53 — Order Amending Schedule I.1 to the Financial Administration Act;

SI/2011-55 — Order Fixing August 15, 2011 as the Day on which that Act Comes into Force;

SI/2011-56 — Order Giving Notice of Decisions Not to Add Certain Species to the List of Endangered Species;

SI/2011-57 — Order Fixing June 30, 2011 as the Day on which Chapter 8 of the Statutes of Canada, 2011, Comes into Force;

SOR/92-298 — Reinsurance (Canadian Companies) Regulations;

SOR/92-302 — Reinsurance (Foreign Companies) Regulations;

SOR/2006-86 — Regulations Amending the Canadian Aviation Regulations (Parts I and III);

SOR/2007-17 — Conditions for Exempted Persons Regulations;

SOR/2007-78 — Regulations Amending the Canadian Aviation Regulations (Part VII);

SOR/2007-149 — Regulations Amending the Income Tax Regulations (Schedule I);

SOR/2008-122 — Regulations Amending the Canadian Aviation Regulations (Part IV);

SOR/2008-247 — Sex Offender Information Registration Regulations (Canadian Forces);

SOR/2010-40 — Regulations Amending the Food and Drug Regulations (1587 — Food Additives);

SOR/2010-60 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2010-115 — Regulations Amending the Canadian Wheat Board Regulations;

SOR/2010-169 — Order 2010-87-07-01 Amending the Domestic Substances List;

SOR/2010-170 — Order 2010-87-07-02 Amending the Domestic Substances List;

SOR/2010-264 — Regulations Amending the Food and Drug Regulations (1573 — Food Additive);

SOR/2011-110 — Order 2011-87-04-03 Amending the Domestic Substances List;

SOR/2011-112 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2011-113 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2011-118 — Order 2011-87-05-01 Amending the Domestic Substances List;

SOR/2011-128 — Order Amending Schedule 1 to the Species at Risk Act;

SOR/2011-130 — Expiry of the Application of Section 12.1 of the Softwood Lumber Products Export Charge Act, 2006 Regulations;

SOR/2011-134 — Regulations Amending the Canadian International Trade Tribunal Regulations;

SOR/2011-140 — Order adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2011-141 — Regulations Amending the Canadian Wheat Board Regulations; and

SOR/2011-144 — Regulations Amending the Regulations Establishing a List of Entities.

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)