Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - November 21, 2013

OTTAWA, Thursday, November 21, 2013
(2)

[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 chairs, the Honourable Senator Bob Runciman and Ms. Chris Charlton, presiding.

Representing the Senate: The Honourable Senators Batters, Hervieux-Payette, P.C., Moore, Runciman, Tannas and Unger (6).

Representing the House of Commons: Dan Albas, Stella Ambler, Rob Anders, Paulina Ayala, Mauril Bélanger, Garry Breitkreuz, Chris Charlton, Rob Clarke, Réjean Genest, Gary Schellenberger and Maurice Vellacott (11).

Acting members present for the House of Commons: Carol Hughes for Sana Hassainia (1).

Also present: Andrew B. Chaplin, 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 SOR/94-439 — National Parks Camping Regulations, amendment; and SOR/94-512 — National Parks General Regulations, amendment, the matter was deferred to the next meeting of the committee.

In the matter of SOR/2000-183 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 1999-2 (Miscellaneous Program), the matter was deferred to the next meeting of the committee.

In the matter of SOR/2001-532 — Telecommunications Apparatus Regulations, it was agreed that the joint chairs correspond with the Minister of Industry Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-251 — Regulations Amending the Firearms Marking Regulations, Mr.Breitkreuz moved:

That the file be closed.

After debate, the question being put on the motion, it was adopted by a show of hands.

In the matter of SOR/2013-29 — Regulations Amending the Schedule to the Canada Marine Act, it was agreed that the file be closed.

In the matter of SOR/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act), it was agreed that counsel meet with the department of Department of Foreign Affairs and report the results at the next opportunity.

In the matter of SOR/88-58 — Air Transportation Regulations, it was agreed that counsel to the committee write to the president of the Canadian Transportation Agency.

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 meet with the department of Department of Foreign Affairs and report the results at the next opportunity.

In the matter of SOR/2003-296 — Regulations Amending the Wildlife Area Regulations, it was agreed that the joint chairs correspond with the Minister of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/2005-248 — New Substances Notification Regulations (Organisms), 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/2008-120 — Vessel Operation Restriction Regulations; and SOR/2010-34 — Regulations Amending the Vessel Operation Restriction Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Corporate Secretariat with respect to certain comments made by the committee.

In the matter of SOR/2010-226 — Regulations Amending the Vessel Operation Restriction 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/2006-50 — Canadian Forces Members and Veterans Re-establishment and Compensation 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 SI/2013-26 — Order Fixing April 1, 2013 as the Day on which the Provisions of the International Interests in Mobile Equipment (aircraft equipment) Act that are not in force, and Sections 414 to 423 of the Jobs and Growth Act, 2012 Come into Force, it was agreed that the file be closed.

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

In the matter of SOR/94-276 — Canadian Forces Superannuation Regulations, amendment; and SOR/94-277 — Defence Services Pension Continuation Regulations, amendment, 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/96-254 — Processing and Distribution of Semen for Assisted Conception Regulations; and SOR/2000-299 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1218 — Alternative Tests); and SOR/2000-410 — Regulations Amending the Processing and Distribution of Semen for Assisted Conception Regulations (1238 — Special Access), 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/2001-284 — Regulations Amending the Canada Occupational Safety and Health 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/2001-390 — Form of Proxy (Banks and Bank Holding Companies) Regulations, 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/2005-247 — New Substances Notification Regulations (Chemicals and Polymers), it was agreed that the joint chairs correspond with the Minister of Environment Canada with respect to certain comments made by the committee.

In the matter of SOR/95-26 — Special Import Measures Regulations, amendment; and SOR/2000-138 — Regulations Amending the Special Import Measures Regulations, 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/2008-80 — Regulations Amending the Laurentian Pilotage Authority 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/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/2002-421 — Canadian Forces Employment Equity 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/2008-186 — Canada Disability Savings Regulations; in the matter of SOR/2011-236 — Regulations Amending the Criminal Records Regulations, in the matter of SOR/2012-285 — Prohibition of Certain Toxic Subtances Regulations, 2012, 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/2013-75 — Regulations Amending the Meat Inspection Regulations, 1990, it was agreed that the file be closed.

In the matter of SOR/2013-91 — Order Amending the Export and Import Permits and Certificates Fees Order, it was agreed that the file be closed.

In the matter of SOR/2013-94 — Regulations Amending the Regulations Adapting the Employment Equity Act in respect of the Canadian Security Intelligence Service (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2013-29 — Order Transferring to the Leader of the Government in the House of Commons the powers, duties and functions of the President of the Queen's Privy Council for Canada under the Canadian Transportation Accident Investigation and Safety Board Act;

SI/2013-30 — Order Designating the Leader of the Government in the House of Commons as the appropriate Minister with respect to the Canadian Transportation Accident Investigation and Safety Board for the purposes of the Act;

SI/2013-31 — United Nations Mission in the Republic of South Sudan (UNMISS) Medal Order;

SI/2013-32 — Order Fixing September 2, 2013 as the Day on which Part 4 of the Act Comes into Force;

SI/2013-36 — Order Fixing April 1, 2013 as the Day on which Sections 579 to 593 of the Act Come into Force;

SI/2013-37 — Order Fixing April 1, 2013 as the Day on which Division 39 of Part 4 of the Act Comes into Force;

SI/2013-38 — Order Fixing April 1, 2013 as the Day on which Division 49 of Part 4 of the Act Comes into Force;

SI/2013-39 — Order Fixing April 1, 2013 as the Day on which Division 13, other than Section 285, of Part 4 of the Act Comes into Force;

SI/2013-40 — Order Transferring to the Public Health Agency of Canada the Control and Supervision of the Portion of the Federal Public Administration in the Department of Health known as the Travelling Public Program Unit;

SI/2013-41 — Order Transferring to the Minister of Health the powers, duties and functions of the Minister of Agriculture and Agri-Food and from the Canadian Food Inspection Agency to the Public Health Agency of Canada the control and supervision of that portion of the Federal Public Administration known as the Domestic Terrestrial Animal Pathogen Unit

SI/2013-43 — 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 End User Devices Procurement Unit

SI/2013-44 — Order Amending the Canadian Volunteer Service Medal Order;

SI/2013-48 — Order Fixing April 29, 2013 as the Day on which Certain Provisions of the Act Come into Force;

SI/2013-49 — Order Fixing July 1, 2014 as the Day on which Sections 434 to 439 of the Act Come into Force;

SI/2013-50 — Order Fixing May 1, 2013 as the Day on which Certain Provisions of the Safer Railways Act and the Railway Safety Act Come into Force;

SI/2013-52 — Schukra Gerätebau AG Remission Order;

SI/2013-54 — Sonia Vallée Remission Order;

SOR/2007-166 — Allocation Method Order — Softwood Lumber Products;

SOR/2007-305 — Allocation Method Order (2008) — Softwood Lumber Products;

SOR/2009-10 — Allocation Method Order (2009) — Softwood Lumber Products;

SOR/2009-33 — Regulations Amending the Motor Vehicle Safety Regulations (Vehicle Identification Number);

SOR/2009-157 — Regulations Amending the Commercial Vehicle Drivers Hours of Service Regulations;

SOR/2010-144 — Regulations Amending the Canada Student Financial Assistance Regulations and the Canada Student Loans Regulations;

SOR/2010-148 — Student Employment Programs Participants Regulations;

SOR/2010-278 — Allocation Method Order (2011) — Softwood Lumber Products;

SOR/2011-269 — Allocation Method Order (2012) — Softwood Lumber Products;

SOR/2012-29 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2012-248 Allocation Method Order (2013) — Softwood Lumber Products;

SOR/2013-6 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/2013-36 — Regulations Amending the Fishery (General) Regulations;

SOR/2013-47 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2013-58 — Transfer of a Portion of the Canadian Food Inspection Agency Regulations;

SOR/2013-61 — Regulations Amending the Canada Pension Plan Regulations and Repealing the Review Tribunal Rules of Procedure and the Pension Appeals Board Rules of Procedure (Benefits);

SOR/2013-62 — Regulations Amending the Old Age Security Regulations; and

SOR/2013-65 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996.

At 10:01 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)