Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 5 - Minutes of Proceedings

OTTAWA, Thursday, December 1, 2011
(6)

[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 joint Chairs, the Honourable Senator Bob Runciman and Ms. Françoise Boivin, presiding.

Members of the committee present: The Honourable Senators Braley, Hervieux-Payette, P.C., Housakos, Moore, Runciman and Verner, P.C. (6).

Representing the House of Commons: Dan Albas, Françoise Boivin, Garry Breitkreuz, Patrick Brown, Pierre Dionne Labelle, Marc-André Morin, Massimo Pacetti, Andrew Saxton, Glenn Thibeault, Brad Trost and David Wilks (11).

Also present: Andrew Lauzon, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Evelyne Borkowski-Parent, 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 Options Open to the Standing Joint Committee when encountering delays, it was agreed that counsel will deliver an oral report on this subject at the next meeting of 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 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/2006-167 — Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2007) No. 1, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2003-363 — Antarctic Environmental Protection 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/2010-182 — Order Amending Schedule 2 to the Canada National Parks Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Parks Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-68 — Regulations Amending the Regulations Prescribing Public Officers, it was agreed that the file be closed.

In the matter of SOR/2008-181 — Regulations Amending the Food and Drug Regulations (1369 — Interim Marketing Authorizations), 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/2005-149 — Export and Import of Hazardous Waste and Hazardous Recyclable Material 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/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/94-348 — Royal Canadian Mounted Police Pension Continuation Regulations, amendment; and SOR/95-571 — Royal Canadian Mounted Police Superannuation Regulations, amendment; SOR/98-531 — Regulations Amending the Royal Canadian Mounted Police Superannuation Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Royal Canadian Mounted Police with respect to certain comments made by the committee.

In the matter of SOR/98-429 — Mackenzie Valley Land Use 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/2009-51 — Regulations Amending the Disclosure of Charges (Retail 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/2009-269 — Order Amending the Eastern Townships Wood Producers' Levies (Interprovincial and Export) Trade 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/2010-128 — Regulations Amending Certain Department of Industry 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/2010-235 — Exemption for Public Notices or Documents (Trust and Loan Companies) Regulations; SOR/2010-236 — Exemption for Public Notices or Documents (Insurance Companies and Insurance Holding Companies) Regulations; SOR/2010-237 — Exemption for Public Notices or Documents (Cooperative Credit Associations) Regulations; and SOR/2010-238 — Exemption for Public Notices or Documents (Banks and Bank 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 Letters patent amending the General Campaign Star and General Service Medal Regulations, 2009; and Letters patent repealing the General Campaign Star and General Service Medal Regulations, it was agreed that the file be closed.

In the matter of Letters patent amending the South-West Asia Service Medal Regulations, 2009; and Letters patent repealing the South-West Asia Service Medal Regulations, it was agreed that the file be closed.

In the matter of SOR/2008-111 — Regulations Amending Certain Regulations Made Under the Customs Act (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2010-284 — Regulations Amending the Canada Pension Plan Investment Board Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2011-97 — Regulations Amending the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2011-59 — Order Transferring the Internal Electronic Staffing Process from Human Resources and Skills Development to the Public Service Commission;

SI/2011-60 — Order Designating the Minister of Industry for the Purposes of the Canada Not-for-profit Corporations Act;

SOR/2002-413 — Regulations Amending the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations;

SOR/2005-187 — Regulations Amending the Formal Documents Regulations;

SOR/2006-156 — Regulations Amending the Transportation of Goods Regulations;

SOR/2006-280 — Regulations Amending the Taxes, Duties and Fees (GST/HST) Regulations;

SOR/2006-350 — Regulations Amending the Employment Insurance Regulations;

SOR/2008-26 — Regulations Amending the Transportation of Goods Regulations;

SOR/2008-139 — Regulations Amending the DNA Identification Regulations;

SOR/2008-200 — Regulations Amending the Non-mailable Matter Regulations;

SOR/2009-127 — Regulations Amending the Manitoba Fishery Regulations, 1987;

SOR/2009-298 — Vancouver 2010 Aviation Security Regulations;

SOR/2010-42 — Regulations Amending the Food and Drug Regulations (1610 — Food Additives);

SOR/2010-54 — Regulations Amending the Immigration and Refugee Protection Regulations (Unreliable Travel Documents);

SOR/2010-55 — Regulations Amending the Canada Grain Regulations;

SOR/2010-82 — Order 2010-87-04-01 Amending the Domestic Substances List;

SOR/2010-118 — Regulations Amending the Wildlife Area Regulations;

SOR/2010-130 — 13th IAAF World Junior Championships in Athletics Remission Order, 2010;

SOR/2010-136 — Order Amending the Order Designating Manitoba for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code; and

SOR/2010-141 — Regulations Amending the Food and Drug Regulations (1514 — Food Additives).

At 9:21 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)