Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 19 - Minutes of Proceedings - May 14, 2015

OTTAWA, Thursday, May 14, 2015
(20)

[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 Denise Batters and Ms. Chris Charlton, presiding.

Representing the Senate: The Honourable Senators Batters, Hervieux-Payette, P.C., McInnis, Meredith, Moore, Runciman and Smith, P.C. (Cobourg) (7).

Representing the House of Commons: Dan Albas, Rob Anders, Mauril Bélanger, Garry Breitkreuz, Chris Charlton, Jim Hillyer, François Pilon, Anne Minh-Thu Quach and Maurice Vellacott (9).

Acting member present for the House of Commons: Robert Chisholm for Paulina Ayala (1).

Also present: David Chandonnet, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel and Cynthia Kirkby, 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.

Senator Runciman moved:

That Marcy Zlotnick be designated as counsel of the Standing Joint Committee for the Scrutiny of Regulations.

The question being put on the motion, it was adopted.

In the matter of SOR/96-254 — Processing and Distribution of Semen for Assisted Conception Regulations; 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 meet with departmental officials from Health Canada. It was further agreed that the joint chairs correspond with the Minister of Health Canada.

In the matter of SOR/2000-328 — Regulations Amending the Canada Occupational Safety and Health Regulations; and SOR/2014-141 — Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program), it was agreed that the joint chairs correspond with the Minister of Labour with respect to certain comments made by the committee.

In the matter of SOR/2011-260 — Order Amending the Schedule to the Customs Tariff, 2011-3, it was agreed that the file be closed.

In the matter of SOR/2003-196 — Natural Health Products Regulations, it was agreed, on division, that counsel to the committee correspond with the Designated Instruments Officer of Health Canada with respect to certain comments made by the committee. The committee noted the objection of Mr. Bélanger.

In the matter of SOR/2010-120 — Maritime Occupational Health and Safety Regulations, it was agreed that the joint chairs correspond with the Minister of Employment and Social Development Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-120 — Maritime Occupational Health and Safety Regulations; and SOR/2011-87 — Aviation Occupational Health and Safety Regulations.

Senator Moore moved:

That officials from the Department of Employment and Social Development be invited to appear on June 11, 2015 for thirty minutes.

The question being put on the motion, it was adopted.

In the matter of SOR/2011-236 — Regulations Amending the Criminal Records 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 Maintenance Dredging Services Tonnage Fees Schedule, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Fisheries and Oceans 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/2013-73 — Regulations Amending the Immigration and Refugee Protection Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Citizenship and Immigration Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-290 — Regulations Amending the Canadian Aviation Regulations (Parts I, III 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.

In the matter of SOR/2013-7 — Unsolicited Telecommunications Fees 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/2014-48 — Regulations Amending the Letter Mail Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Post with respect to certain comments made by the committee.

In the matter of SOR/2014-53 — Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Canada Post with respect to certain comments made by the committee.

In the matter of SOR/2008-185 — American Consumption of Softwood Lumber 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/99-256 — Canada Cooperatives Regulations; and SOR/2001-512 — Canada Business Corporations Regulations, 2001, it was agreed that, 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/2005-293 — Basin Head Marine Protected Area 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/2010-173 — Regulations Amending the Newfoundland and Labrador Fishery 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/2011-17 — Toys 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 Orders Made by Boards and Agencies under the Agricultural Products Marketing Act, 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/95-25 — Investment Canada Regulations, amendment, 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/95-100 — Newfoundland Offshore Certificate of Fitness Regulations; SOR/95-104 — Newfoundland Offshore Petroleum Installations Regulations; SOR/95-144 — Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations; SOR/95-334 — Newfoundland Offshore Area Petroleum Geophysical Operations Regulations; SOR/96-117 — Canada Oil and Gas Geophysical Operations Regulations; SOR/95-187 — Nova Scotia Offshore Certificate of Fitness Regulations; SOR/95-191 — Nova Scotia Offshore Petroleum Installations Regulations; SOR/96-114 — Canada Oil and Gas Certificate of Fitness Regulations; and SOR/96-118 — Canada Oil and Gas Installations 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/2000-273 — Tobacco Reporting Regulations, 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/2003-296 — Regulations Amending the Wildlife Area 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/2008-124 — Bowie Seamount Marine Protected Area 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/2011-300 — Regulations Amending the Fish Health 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/2005-348 — Regulations Amending the Canadian Aviation Regulations (Parts I and V), 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/2007-277 — First Nations Property Assessment and Taxation (Railway Rights-of-Way) 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 Indian Act Amendment and Replacement Act, S.C. 2014, C. 38, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Aboriginal Affairs and Northern Development Canada with respect to certain comments made by the committee.

The committee considered the following Statutory Instruments without comment:

SI/2013-123 — Order Fixing February 1, 2014 and February 1, 2015 as the Days on which Certain Provisions of the Act Come into Force;

SI/2014-56 — Proclamation Giving Notice that the Protocol Amending the Convention between the Government of Canada and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital signed on May 2, 1975, as amended by the Protocol signed on January 16, 1987 and as further amended by the Protocol signed on November 30, 1995 Came into Force on December 27, 2013;

SI/2014-90 — Proclamation Declaring the year 2015 as the « Year of Sport in Canada »;

SI/2014-93 — Ron Adams Remission Order;

SI/2014-94 — Frederick Beaulieu Remission Order;

SI/2014-95 — John Wagontall Remission Order;

SI/2014-96 — Order Fixing November 1, 2014 as the Day on which the Act Comes into Force;

SI/2014-97 — Order Declining to Refer Back to the CRTC Decision CRTC 2014-412;

SI/2014-99 — Order Fixing January 1, 2015 as the Day on which Certain Sections of the Economic Action Plan 2013 Act, No. 2 and the Economic Action Plan 2014 Act, No. 1 come into Force;

SI/2014-100 — Order Fixing January 2, 2015 as the Day on which Division 30 of Part 6 of the Act Comes into Force;

SI/2014-101 — Order Fixing January 1, 2015 as the Day on which Certain Provisions of the Act Come into Force;

SI/2014-102 — Order Fixing the Day on which this Order is made as the Day on which Certain Sections of the Act Come into Force;

SI/2014-104 — Order Fixing November 28, 2014 as the Day on which Certain Provisions of the Act Come into Force;

SI/2014-106 — Order Fixing March 16, 2015 as the Day on which Sections 220 to 222 of the Act Come into Force;

SI/2014-107 — Order Fixing January 1, 2015 as the Day on which Certain Provisions of the Act Come into Force;

SI/2014-111 — Estates of Kathleen McGowan and William F. McGowan Remission Order;

SI/2015-2 — Order Designating the Minister for International Development as the Minister for the purposes of the Act;

SI/2015-3 — Order Designating the Minister of Transport as the appropriate Minister for the Federal Bridge Corporation Limited for purposes of the Act;

SI/2015-7 — Allan Pysher Income Tax Remission Order;

SOR/2014-241 — Order 2014-87-09-01 Amending the Domestic Substances List;

SOR/2014-244 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2014-246 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2014-249 — Regulations Amending the Supplementary Death Benefit Regulations;

SOR/2014-257 — Order Amending the Automatic Firearms Country Control List;

SOR/2014-276 — Order Specifying the Minimum Amount of Grain to be Moved, No. 2;

SOR/2014-298 — Regulations Amending the Citizenship Regulations;

SOR/2014-314 — Order Amending the Indian Bands Council Elections Order (Lil'wat Nation);

SOR/2014-317 — Regulations Amending the Special Economic Measures (Ukraine) Regulations;

SOR/2015-7 — Order 2014-87-11-01 Amending the Domestic Substances List;

SOR/2015-10 — Order Amending the Automatic Firearms Country Control List;

SOR/2015-11 — Order Amending the Automatic Firearms Country Control List;

SOR/2015-13 — Order Fixing the Day for the Purposes of Sections 130, 133 and 135 of the Economic Action Plan 2014 Act, No. 1;

SOR/2015-14 — Order Fixing the Day for the Purposes of Sections 131, 132, 134, 136 and 137 of the Economic Action Plan 2014 Act, No. 1;

SOR/2015-15 — Order Fixing the Day for the Purposes of Section 143 of the Economic Action Plan 2014 Act, No. 1;

SOR/2015-16 — Order Fixing the Day for the Purposes of Section 144 of the Economic Action Plan 2014 Act, No. 1;

SOR/2015-28 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2015-1 (Aitchelitz, Kwaw-kwaw-Apilt and Skowkale);

SOR/2015-29 — Regulations Amending the Annual Statement (Banks and Bank Holding Companies) Regulations;

SOR/2015-30 — Regulations Amending the Annual Statement (Cooperative Credit Associations) Regulations;

SOR/2015-31 — Regulations Amending the Annual Statement (Insurance Companies and Insurance Holding Companies) Regulations;

SOR/2015-32 — Regulations Amending the Annual Statement (Trust and Loan Companies) Regulations;

SOR/2015-33 — Regulations Amending the Special Import Measures Regulations;

SOR/2015-34 — Order Authorizing the Issue of Two Twenty-Five Cent Circulation Coins Specifying the Characteristics and Determining the Design; and

SOR/2015-37 — Order Amending the Canada Turkey Marketing Producers Levy Order.

At 10:05 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Jodi Turner

Joint Clerk of the Committee (Senate)