Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 6 - Minutes of Proceedings

OTTAWA, Thursday, December 15, 2011
(7)

[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 chair, the Honourable Senator Bob Runciman, the vice-Chair, Mr. Gary Breitkreuz, presiding.

Members of the committee present: The Honourable Senators Braley, Frum, Moore, Runciman and Verner, P.C. (5).

Representing the House of Commons: Dan Albas, Garry Breitkreuz, Patrick Brown, Pierre Dionne Labelle, Marc- André Morin, Massimo Pacetti, Andrew Saxton and Brad Trost (8).

Acting members present for the House of Commons: Isabelle Morin for Françoise Boivin, Rodney Weston for Rod Bruinooge and Bob Zimmer for David Wilks (3).

Also present: Andrew Lauzon, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Shawn Abel, 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, theStatutory 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 THIRD REPORT — (Report No. 81 — Species at Risk Act), 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/2005-39 — Regulations Amending the Veterans Health Care 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/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 the joint chairs correspond with the Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board with respect to certain comments made by the committee.

In the matter of SOR/2003-284 — Regulations Amending the Canada Grain 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/2010-90 — Motor Vehicle Restraint Systems and Booster Seats Safety 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/2005-173 — Regulations Amending the Canadian Aviation Regulations (Parts I, IV, V and VII), 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/2005-348 — Regulations Amending the Canadian Aviation Regulations (Parts I and V), 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/2000-187 — Agriculture and Agri-Food Administrative Monetary Penalties Regulations; SOR/2002-183 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations; and SOR/2003-256 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations, it was agreed that the joint chairs correspond with the Minister of Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matter of SOR/77-595 — Counting of Service by Former Members of the Senate or House of Commons Regulations, No. 2, 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/2007-50 — Regulations Amending the Onshore Pipeline Regulations, 1999 (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the National Energy Board with respect to certain comments made by the committee.

In the matter of SOR/90-576 — Atlantic Pilotage Authority Regulations, amendment, 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/2006-75 — Regulations Amending the Canada Business Corporations Regulations, 2001

In the matter of SOR/96-484 — Radiocommunication Regulations; SOR/98-437 — Regulations Amending the Radiocommunication Regulations; SOR/99-107 — Regulations Amending the Radiocommunication Regulations; and SOR/2001-533 — Regulations Amending the 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 SI/2009-56 — Order Amending the Canadian Passport 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/2007-133 — Regulations Amending the Canadian Aviation Regulations (Parts I and VII), 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/2010-140 — Regulations Amending Certain Regulations Made Under the Canada National Parks Act (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/2011-179 — Regulations Amending the Tobacco Products Information 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 SI/2010-83 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho First Nations) Order, it was agreed that the file be closed.

In the matter of SI/2011-85 — Order Amending the Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order, it was agreed that the file be closed.

In the matter of SI/2011-86 — Order Amending the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Saoyú-Æehdacho (Grizzly Bear Mountain and Scented Grass Hills) National Historic Site) Order, it was agreed that the file be closed.

In the matter of SOR/2010-71 — Regulations Amending Certain Department of Finance Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2011-152 — Order 2011-87-07-05 Amending the Domestic Substances List; and SOR/2011- 153 — Order 2011-112-07-01 Amending the Domestic Substances List, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2011-75 — Proclamation Designating the ``Fire Prevention Week'';

SOR/2007-35 — Regulations Amending the Income Tax Regulations (Prescribed Forest Management Plans for Woodlots);

SOR/2009-231 — Ottawa Macdonald-Cartier International Airport Zoning Regulations;

SOR/2010-22 — Regulations Amending the Notifiable Transactions Regulations;

SOR/2010-81 — Regulations Amending the Employment Insurance Regulations;

SOR/2010-164 — Order 2010-87-08-01 Amending the Domestic Substances List;

SOR/2010-174 — Regulations Amending the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Regulations;

SOR/2010-193 — Order 2010-87-09-01 Amending the Domestic Substances List;

SOR/2010-198 — Regulations Amending the Office of the Governor General's Secretary Employment Regulations, 2010;

SOR/2010-204 — Order 2010-87-10-01 Amending the Domestic Substances List;

SOR/2010-209 — Regulations Amending the Citizenship Regulations;

SOR/2010-224 — Regulations Amending the Surface Coating Materials Regulations;

SOR/2010-225 — Order Amending Schedule I to the Hazardous Products Act (Surface Coating Materials);

SOR/2010-248 — Order 2010-87-04-03 Amending the Domestic Substances List;

SOR/2010-249 — Order 2010-87-08-03 Amending the Domestic Substances List;

SOR/2010-263 — Order Amending the Designer Remission Order, 2001;

SOR/2010-272 — Order Amending Part II of Schedule I to the Hazardous Products Act (Consumer Products Containing Lead — Contact with Mouth);

SOR/2010-273 — Consumer Products Containing Lead (Contact with Mouth) Regulations;

SOR/2010-275 — Regulations Amending the Gun Shows Regulations;

SOR/2010-286 — Regulations Amending the International Letter-post Items Regulations;

SOR/2010-297 — Order Amending Schedule I to the Hazardous Products Act (Phthalates);

SOR/2010-298 — Phthalates Regulations;

SOR/2011-2 — Order 2010-87-12-01 Amending the Domestic Substances List;

SOR/2011-29 — Order 2011-87-01-01 Amending the Domestic Substances List;

SOR/2011-32 — Regulations Amending the Income Tax Regulations (2009 Livestock Deferral);

SOR/2011-36 — Order Amending Schedule I to the First Nations Goods and Services Tax Act, No. 2010-2;

SOR/2011-59 — Regulations Amending the Central Registry of Divorce Proceedings Regulations;

SOR/2011-77 — Regulations Amending the Television Broadcasting Regulations, 1987;

SOR/2011-82 — Regulations Amending the Medical Devices Regulations;

SOR/2011-90 — Release and Environmental Emergency Notification Regulations;

SOR/2011-91 — Deposit Out of the Normal Course of Events Notification Regulations;

SOR/2011-95 — Regulations Amending the Canada Student Financial Assistance Regulations;

SOR/2011-123 — Regulations Amending the Canada Grain; Regulations

SOR/2011-133 — CCOFTA Tariff Preference Regulations;

SOR/2011-142 — Regulations Designating a Body for the Purposes of Paragraph 91(2)(c) of the Immigration and Refugee Protection Act;

SOR/2011-145 — Order 2011-87-06-01 Amending the Domestic Substances List;

SOR/2011-165 — Order Amending the Canadian Chicken Marketing Levies Order; and

SOR/2011-176 — Order Amending the Indian Bands Council Elections Order (Esdilagh).

At 9:06 a.m., the committee suspended.

At 9:09 a.m., the committee resumed in camera.

It was agreed that staff be permitted to remain in the room.

It was agreed that the counsel to the committee contact representatives of the Canadian Food Inspection Agency, the Department of Foreign Affairs and International Trade, and Environment Canada to arrange for a meeting with each; it was agreed that counsel will report to the committee the results of these meetings.

At 9:44 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)