Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 3 - Minutes of Proceedings - February 6, 2014

OTTAWA, Thursday, February 6, 2014
(4)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:31 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 (7).

Representing the House of Commons: Dan Albas, Rob Anders, Paulina Ayala, Mauril Bélanger, Garry Breitkreuz, Patrick Brown, Chris Charlton, Larry Maguire, François Pilon and Maurice Vellacott (10).

Acting members present for the House of Commons: Anne Minh-Thu for Sana Hassainia (1).

Also present: Jean-François Lafleur, 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, 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; SOR/94-512 — National Parks General Regulations, amendment; SOR/2000-183 — Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 1999-2 (Miscellaneous Program) and SOR/ 2002-76 — Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations, the committee considered a draft report.

Mr. Dan Albas moved:

That the report be amended.

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

In the matter of Canadian Aviation Regulations, it was agreed that the Counsel meet with the department and report to the committee by June 12, 2014.

In the matter of SOR/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act) and 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 to the committee correspond with the Designated Instruments Officer of the Department of Foreign Affairs and International Trade with respect to certain comments made 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:

Mr. Dan Albas moved:

That a letter be sent to the Minister of Justice and Public Safety Canada, after which the files would be closed.

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

In the matter of SOR/2011-194 — Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program), 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/2001-281 — By-law No. 7 Respecting the Large Value Transfer System, 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/2005-151 — Canada Education Savings 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/2007-15 Export Permits Regulations (Softwood Lumber Products 2006) and SOR/2007-16 — Softwood Lumber Products Export Allocations Regulations, 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/93-382 — Prince Edward Island Cattle Marketing Levies Order, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Farm Products Council of Canada with respect to certain comments made by the committee.

In the matter of SOR/94-668 — Canada Labour Standards Regulations, amendment, 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/2006-231 — Regulations Amending the Canada Labour Standards 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/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/2013-111 — Regulations Amending the Canada Grain Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Canadian Grain Commission with respect to certain comments made by the committee.

In the matter of SOR/2013-166 — Regulations Amending the Mackenzie Valley Land Use Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Indian and Northern Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-234 — Regulations Amending the Corrections and Conditional Release Regulations, it was agreed that the file be closed.

In the matter of SOR/2013-144 — Canadian Hatching Egg Producers Proclamation, it was agreed that the file be closed.

In the matter of SOR/2013-182 — Regulations Amending the Passenger Information (Customs) Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2013-60 — Order Fixing August 1, 2013 as the Day on which Certain Sections of the Act Come into Force;

SI/2013-61 — Order Fixing the Day after the Day on which this Order is made as the Day on which Paragraph 21.52(1)(b) of the National Housing Act Comes into Force and July 1, 2013 as the Day on which Sections 361 to 364 of the Jobs, Growth and Long-term Prosperity Act Come into Force;

SI/2013-62 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order;

SI/2013-63 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Eastern Portion of the South Slave Region) Order;

SI/2013-64 — Order Transferring to the Federal Economic Development Agency for Southern Ontario from the Department of Industry the control and supervision of that portion of the federal public administration in the Department of Industry known as Canada Business Ontario;

SI/2013-66 — Order Fixing the Day after the Day on which this Order is made as the Day on which Division 14 of Part 4 of the Act Comes into Force;

SI/2013-67 — Order Fixing July 15, 2013 as the Day on which the Act Comes into Force;

SI/2013-68 — Reginald Porter Remission Order;

SI/2013-69 — Order Fixing July 3, 2013 as the Day on which Certain Sections of the Act Come into Force;

SOR/88-329 — Schedule I to the Act, amendment;

SOR/89-78 — Laurie Air Services Exemption Order, 1988;

SOR/89-79 — Lawrence Bay Airways Ltd. Exemption Order, 1988;

SOR/94-265 — Crop Insurance Regulations, 1990, amendment;

SOR/2012-152 — Regulations Respecting Research, Market Development and Technical Assistance (Wheat and Barley);

SOR/2012-260 — Regulations Amending the Employment Insurance Regulations;

SOR/2013-96 — Order Amending the Order Declaring an Amnesty Period (2006);

SOR/2013-106 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2013-107 — Order Amending the Approved Breath Analysis Instruments Order;

SOR/2013-110 — Regulations Amending the Veterans Burial Regulations, 2005;

SOR/2013-112 — Regulations Amending the Canadian Wheat Board (Interim Operations) Regulations;

SOR/2013-113 — Regulations Amending the Food and Drug Regulations (1688 — Arsenic Trioxide);

SOR/2013-116 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations;

SOR/2013-118 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2013-120 — Marihuana Exemption (Food and Drugs Act) Regulations;

SOR/2013-123 — Regulations Amending the Regulations Respecting Research, Market Development and Technical Assistance (Wheat and Barley);

SOR/2013-124 — Regulations Repealing the Vested Assets (Foreign Companies) Regulations (Miscellaneous Program);

SOR/2013-127 — Customs Controlled Areas Regulations;

SOR/2013-128 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2013-129 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2013-129 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2013-131 — Regulations Amending the Canada Disability Savings Regulations;

SOR/2013-133 — Rules Amending the Canadian Transportation Agency General Rules;

SOR/2013-141 — Proclamation Exempting the Mink Arm portion of South McMahon Lake from the Operation of Section 22 of the Act; and

SOR/2013-142 — Proclamation Exempting the Waters of Lake Pignac and Lake B from the Operation of Section 22 of the Act.

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

ATTEST:

Marcy Zlotnick

Joint Clerk of the Committee (Senate)