Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 2 - Minutes of Proceedings - December 5, 2013

OTTAWA, Thursday, December 5, 2013
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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, Nancy Ruth, Runciman, Smith, P.C. (Cobourg), Tannas and Unger (8).

Representing the House of Commons: Dan Albas, Stella Ambler, Rob Anders, Paulina Ayala, Mauril Bélanger, Garry Breitkreuz, Chris Charlton, Réjean Genest, Sana Hassainia, Laurie Hawn, Gary Schellenberger and Maurice Vellacott (12).

Also present: Andrew B. Chaplin, 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, 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 the reintroduction of Bill S-2, The Incorporation by Reference in Regulations Act, it was agreed that counsel to the committee provide a submission to the Senate committee designated to review Bill S-2.

In the matter of SOR/2005-173 — Regulations Amending the Canadian Aviation Regulations (Parts I, IV, V and VII); SOR/2005-348 — Regulations Amending the Canadian Aviation Regulations (Parts I, and V); SOR/2005-354 — Regulations Amending the Canadian Aviation Regulations (Part I); SOR/2006-77 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VII); SOR/2006-85 — Regulations Amending the Canadian Aviation Regulations (Parts I and III); SOR/2006-199 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI, VII and VIII); SOR/2006-352 — Regulations Amending the Canadian Aviation Regulations (Parts I and IV); SOR/2007-87 — Regulations Amending the Canadian Aviation Regulations (Parts I, III, VI and VII); SOR/2009-90 — Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VII); SOR/2009-280 — Regulations Amending the Canadian Aviation Regulations (Parts I, II, IV and VII); SOR/2011-284 — Regulations Amending the Canadian Aviation Regulations (Parts I and IV — Conduct of Flight Tests); Interim Order No. 11 Respecting Private Operators (2013); SOR/2002-182 — Regulations Amending the Canadian Aviation Regulations (Part VI); SOR/2005- 341 — Regulations Amending the Canadian Aviation Regulations (Parts I, II and VI); SOR/2007-229 — Regulations Amending the Canadian Aviation Regulations (Part IV); SOR/2007-262 — Regulations Amending the Canadian Aviation Regulations (Parts I and III); SOR/2007-290 — Regulations Amending the Canadian Aviation Regulations (Parts I, III and VIII); SOR/2009-152 — Regulations Amending the Canadian Aviation Regulations (Parts I and VII); and SOR/2011-285 — Regulations Amending the Canadian Aviation Regulations (Parts I, III and VI — Marking and Lighting) — it was agreed that counsel to the committee meet with Transport Canada and report the results at the next opportunity.

In the matter of SOR/94-439 — National Parks Camping Regulations, amendment, it was agreed that counsel to the committee prepare a draft report for consideration by the committee.

In the matter of SOR/94-512 — National Parks General Regulations, amendment, it was agreed that counsel to the committee prepare a draft report for consideration by 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), it was agreed that counsel to the committee prepare a draft report for consideration by the committee.

In the matter of SOR/2004-122 — Regulations Amending the Certification of Origin of Goods Exported to a Free Trade Partner Regulations; SOR/2004-127 — Regulations Amending the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations; SOR/2004-128 — Regulations Amending the Temporary Importation (Tariff Item No. 9993.00.00) Regulations; SOR/2004-129 — CCRFTA Verification of Origin Regulations; and SOR/2005-257 — Definition of ``Settler'' for the Purpose of Tariff Item No. 9807.00.00 Regulations, the matter was deferred to the next meeting of the committee.

In the matter of SOR/2012-156 — Regulations Amending the Reportable Diseases Regulations, it was agreed that the file be closed.

In the matter of SOR/2013-80 — Regulations Amending the Plant Protection Regulations, it was agreed that the file be closed.

In the matter of SOR/2013-64 — Regulations Amending the Employment Insurance Regulations, 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/2011-237 — Ballast Water Control and Management 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/2001-167 — Regulations Amending the Meat Inspection Regulations, 1990; and SOR/2004- 280 Regulations Amending the Meat Inspection Regulations, 1990, 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/2000-187 — 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 counsel to the committee review their status at a later date and inform the committee of the action taken.

In the matter of SOR/2004-195 — Regulations Amending the Motor Vehicle Safety Regulations (Rear Impact Guards), 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/2008-202 — Regulations Amending the Immigration and Refugee Protection 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/2008-253 — Regulations Amending the Immigration and Refugee Protection Regulations (Permanent Residents), 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/2011-206 — Regulations Amending the Canada Occupational Health and Safety Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Human Resources and Skills Development 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, 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/2010-128 — Regulations Amending Certain Department of Industry 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 SOR/2003-274 — Chicken Farmers of Canada Delegation of Authority Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Chicken Farmers of Canada with respect to certain comments made by the committee.

In the matter of SOR/2005-256 — Tariff Classification Advance Rulings Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canada Border Services Agency with respect to certain comments made by the committee.

In the matter of SOR/2011-264 — Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 207 and 210), it was agreed that the file be closed.

In the matter of SOR/2013-165 — General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2013-46 — Amina Daher Remission Order;

SI/2013-47 — Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2013-51 — Order Renaming the Canadian Armed Forces Naval Jack as the Canadian Naval Ensign and Approving its use by the Canadian Forces;

SI/2013-53 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Tuktut Nogait National Park of Canada) Order;

SI/2013-56 — Order Transferring the Control and Supervision of Certain Portions of the Federal Public Administration in Passport Canada from the Department of Foreign Affairs and International Trade to the Department of Citizenship and Immigration and to the Department of Human Resources and Skills Development;

SI/2013-58 — Order Fixing June 9, 2013 as the Day on which Certain Provisions of the Act Come into Force;

SI/2013-59 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Edéhzhíe (Horn Plateau)) Order;

SOR/87-650 — Canadian Chicken Marketing Quota Regulations, amendment;

SOR/87-651 — Canadian Chicken Orderly Marketing Regulations, amendment;

SOR/88-379 — Canola Stabilization Regulations, 1986;

SOR/88-380 — Canola Stabilization Regulations, 1987;

SOR/88-381 — Sour Cherry Stabilization Regulations, 1987;

SOR/2012-272 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2013-50 — CPAFTA Rules of Origin Regulations;

SOR/2013-51 — CPAFTA Rules of Origin for Casual Goods Regulations;

SOR/2013-52 — CPAFTA Tariff Preference Regulations;

SOR/2013-53 — Regulations Amending the Canadian International Trade Tribunal Regulations;

SOR/2013-66 — Order 2013-87-05-01 Amending the Domestic Substances List;

SOR/2013-67 — Order Amending the Indian Bands Council Elections Order (Haisla Nation);

SOR/2013-70 — Regulations Amending the Plant Protection Regulations and the Plum Pox Virus Compensation Regulations, 2004;

SOR/2013-72 — Regulations Amending the Canada Student Financial Assistance Regulations;

SOR/2013-81 — Regulations Amending the Special Import Measures Regulations;

SOR/2013-83 — Regulations Amending the Canada Pension Plan Regulations;

SOR/2013-85 — Regulations Amending the Statutory Instruments Regulations;

SOR/2013-86 — Order Amending the Ontario Hog Charges (Interprovincial and Export) Order;

SOR/2013-89 — Regulations Amending the Food and Drug Regulations (1431 Ð Schedule F);

SOR/2013-90 — Regulations Amending the Food and Drug Regulations (1663 — Schedule F);

SOR/2013-93 — Regulations Amending the Regulations Establishing a List of Entities;

SOR/2013-97 — Order 2012-87-06-02 Amending the Domestic Substances List;

SOR/2013-99 — Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999; and

SOR/2013-104 — Regulations Amending Certain Regulations Made Under the Family Orders and Agreements Enforcement Assistance Act.

The joint committee considered a draft budget.

Mr. Bélanger moved:

That the following budget application in the amount of $10,000 be approved:

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

Senator Moore moved:

That Cynthia Kirkby be designated as counsel of the Standing Joint Committee for the Scrutiny of Regulations.

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

At 9:35 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Daniel Charbonneau

Acting Joint Clerk of the Committee (Senate)