Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 13 - Minutes of Proceedings - February 2, 2017

OTTAWA, Thursday, February 2, 2017
(14)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:32 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Senator Pana Merchant and Mr. Pierre-Luc Dusseault, presiding.

Representing the Senate: The Honourable Senators Merchant and Runciman (2).

Representing the House of Commons: Vance Badawey, Nicola Di lorio, Kerry Diotte, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Garnett Genuis, Glen Motz, John Oliver, Francis Scarpaleggia and Salma Zahid (12).

Also present: Evelyne Borkowski-Parent, General Counsel, Cynthia Kirkby, Counsel and Jean-Marie David, Joint Clerk of the Committee (House of Commons), Parliamentary Information and Research Service, Library of Parliament.

In attendance: The official reporters of the Senate.

Pursuant to standing order 106(2), the joint clerk for the House of Commons presided over the election of the vice- chair.

It was moved by Mr. Oliver:

That Mr. Badawey be elected vice chair.

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

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 committee secretariat's usual work procedures, Ms. Borkowski-Parent made a statement.

It was moved by Senator Runciman:

That the committee reaffirms the long-standing procedures of the secretariat.

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

In the matter of the document relating to the Appearance of Witnesses from Parks Canada, 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 Marginal Notes, it was agreed that the joint chairs correspond with the Minister of Justice and Attorney General of Canada with respect to certain comments made by the committee. It was also agreed that counsel to the committee prepare a draft report for its consideration at a later date. Furthermore, counsel will recommend literature that may be consulted by members with regard to this matter. In addition, it was agreed that counsel to the committee correspond with the Privy Council Office with respect to certain comments made by the committee.

In the matter of SOR/2006-124 — Pest Control 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/2008-222 — Wage Earner Protection Program Regulations, it was agreed that the joint chairs invite senior officials of Employment Workforce Development and Labour Canada to appear before the committee.

In the matter of SOR/98-465 — Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns), it was agreed that the joint chairs correspond with the deputy minister of Justice and Attorney General of Canada with respect to certain comments made by the committee.

In the matter of SOR/2005-62 — Canada Production Insurance 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/2009-20 — Regulations Amending the Wild Animal and Plant Trade Regulations, it was agreed that the joint chairs correspond with the Minister of the Environment and Climate Change with respect to certain comments made by the committee.

In the matter of SOR/2014-34 — Regulations Amending the Radiocommunication Regulations, it was agreed that the counsel to the committee meet with officials of Innovation, Science and Economic Development Canada and report back to the committee.

In the matter of SOR/2014-176 — Status of the Artist Procedural Regulations and; SOR/2014-242 — Regulations Amending the Status of the Artist Act Procedural Regulations, it was agreed that the joint chairs correspond with the Minister of Employment Workforce Development and Labour Canada, with a copy sent to the Canada Industrial Relations Board, with respect to certain comments made by the committee.

In the matter of SOR/2014-243 — Regulations Amending the Canada Industrial Relations Board Regulations, 2012, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Employment Workforce Development and Labour Canada with respect to certain comments made by the committee.

In the matter of SOR/2002-164 — National Capital Commission Animal Regulations and; SOR/2002-165 — Regulations Amending the National Capital Commission Traffic and Property Regulations, it was agreed that the joint chairs correspond with the National Capital Commission with respect to certain comments made by the committee.

In the matter of SOR/2015-81 — Regulations Amending the Wild Animal and Plant Trade 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/2014-44 — Freezing Assets of Corrupt Foreign Officials (Ukraine) 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/2013-88 — Export of Substances on the Export Control List 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/2001-32 — Controlled Goods 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/2003-196 — Natural Health Products 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/2016-194 — Textile Flammability Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2015-82 — Proclamation Giving Notice of the Entry into Force on December 18, 2014 of the Annexed Supplementary Convention, signed on July 21, 2014 and intended to alter the Convention between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains;

SI/2016-31 — Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act;

SI/2016-35 — Order Fixing the First Anniversary of the Day on which this Order is made as the Day on which Certain Provisions of the Act Come into Force;

SI/2016-39 — Transfer of Duties Order;

SI/2016-40 — Order Designating the President of the Queen's Privy Council for Canada as the appropriate Minister for the purposes of the Act;

SI/2016-41 — Order Fixing the Day on which this Order is made as the Day on which Subsection 179(1) of the Act Comes into Force;

SI/2016-43 — Order Designating the Honourable Patricia A. Hajdu to Co-ordinate Policy with respect to the Status of Women and Administer Related Programs;

SI/2016-46 — Order Designating the Minister of Infrastructure, Communities and Intergovernmental Affairs as the appropriate Minister for PPP Canada Inc.;

SI/2016-47 — Order Repealing Order in Council P.C. 2008-855;

SOR/2016-46 — Order 2016-87-04-01 Amending the Domestic Substances List;

SOR/2016-59 — Order Authorizing the Issue of a One Dollar Circulation Coin Specifying the Characteristics and Determining the Design;

SOR/2016-60 — Regulations Amending the Artists' Representatives (GST/HST) Regulations;

SOR/2016-62 — Personal Health Information Custodians in Nova Scotia Exemption Order;

SOR/2016-63 — Regulations Repealing the Regulations Specifying Investigative Bodies (Miscellaneous Program);

SOR/2016-67 — Order Amending the Schedule to the First Nations Land Management Act;

SOR/2016-68 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2016-69 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2016-70 — Joint Notice Specifying the Prohibition Period for Certain Activities on Georges Bank;

SOR/2016-77 — Order Establishing the Text of a Resolution Providing for the Postponement of the Coming into Force of Subsections 5.1(2), 6(2), 7(2), 8(2), 9(2), 10(2), 11(2) and 12(2) of the Fair Rail for Grain Farmers Act;

SOR/2016-80 — Order 2016-87-05-01 Amending the Domestic Substances List;

SOR/2016-87 — Regulations Amending the Metal Mining Effluent Regulations;

SOR/2016-89 — Rules Repealing the Canada-United States Nuclear Liability Rules;

SOR/2016-90 — Regulations Amending the Great Lakes Pilotage Tariff Regulations and Making a Related Amendment;

SOR/2016-93 — Weed Seeds Order, 2016;

SOR/2016-94 — Order 2016-87-06-01 Amending the Domestic Substances List;

SOR/2016-97 — Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2016-1 (Tsawwassen);

SOR/2016-99 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2016-100 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2016-104 — Regulations Amending the Tobacco (Seizure and Restoration) Regulations;

SOR/2016-106 — Regulations Amending the Food and Drug Regulations (Parts G and J — Lefetamine, AH-7921, MT-45 and W-18);

SOR/2016-107 — Order Amending Schedules I and III to the Controlled Drugs and Substances Act (AH-7921, MT- 45 W-18 and Lefetamine);

SOR/2016-109 — Order Amending the Indian Bands Council Elections Order (Ashcroft);

SOR/2016-110 — Order Amending the Schedule to the First Nations Elections Act (Ashcroft);

SOR/2016-111 — Order Amending the Indian Bands Council Elections Order (Burns Lake);

SOR/2016-112 — Order Amending the Schedule to the First Nations Elections Act (Burns Lake);

SOR/2016-113 — Order Amending the Indian Bands Council Elections Order (Chippewas of Rama);

SOR/2016-114 — Order Amending the Schedule to the First Nations Elections Act (Chippewas of Rama).

At 10:09 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Maxwell Hollins

Joint Clerk of the Committee (Senate)