Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 1 - Minutes of Proceedings - April 14, 2016

OTTAWA, Thursday, April 14, 2016
(2)

[Français]

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 Pana Merchant and Mr. Harold Albrecht, presiding.

Representing the Senate: The Honourable Senators Merchant, Moore and Runciman (3).

Representing the House of Commons: Harold Albrecht, Gary Anandasangaree, Vance Badawey, John Brassard, Nicola Di lorio, Ali Ehsassi, Fayçal El-Khoury, Bernadette Jordan, Tom Kmiec and Geng Tan (10).

Acting members present for the House of Commons: Brigitte Sansoucy for Pierre-Luc Dusseault and Bob Zimmer for Garnett Genuis (2).

Also present: Andrea McCaffrey, 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.

The committee considered a draft budget.

Senator Moore moved:

That the following budget application in the amount of $11,800 be approved:

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

In the matter of Australia-New Zealand Scrutiny of Legislation Conference, Perth, Australia, July 11-14, 2016 (Letter of Invitation), it was agreed that the Joint Clerks prepare a draft budget for consideration at the next meeting.

In the matter of Incorporation by Reference in Regulations Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice with respect to certain comments made by the committee.

In the matter of SOR/2004-109 — Regulations Amending the Pulp and Paper Effluent Regulations, it was agreed that the joint chairs invite officials from Environment and Climate Change Canada to appear before the committee.

In the matter of SOR/2013-105 — Regulations Amending the Great Lakes Pilotage Tariff Regulations, it was agreed that the joint chairs correspond with the Minister of Transport with respect to certain comments made by the committee.

In the matter of SOR/2015-49 — Order Amending the Canadian Chicken Marketing Levies Order, it was agreed that the file be closed.

In the matter of SOR/2015-76 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990, it was agreed that the file be closed.

In the matter of SOR/94-718 — Fresh Fruit and Vegetable Regulations, amendment, 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/2007-255 — Eligible Financial Contract Regulations (Canada Deposit Insurance Corporation Act); SOR/2007-256 — Eligible Financial Contract General Rules (Bankruptcy and Insolvency Act); SOR/2007-257 — Eligible Financial Contract General Rules (Companies' Creditors Arrangement Act); and SOR/2007-258 — Eligible Financial Contract Regulations (Winding-up and Restructuring Act), 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/2008-135 — Order Amending Schedule I to the Access to Information Act; and SOR/2008- 136 — Order Amending the Schedule to the Privacy Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of the Clerk of the Privy Council and Secretary to the Cabinet with respect to certain comments made by the committee.

In the matter of SOR/2005-35 — Canadian Transportation Agency General Rules, it was agreed that the file be closed.

In the matter of SOR/2012-138 — Firearms Information Regulations (Non-restricted Firearms), 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/2013-169 — Regulations Amending the Central Registry of Divorce Proceedings Regulations, it was agreed that the file be closed.

In the matter of SI/2014-109 — Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Qausuittuq national park) Order, it was agreed that the file be closed.

In the matter of SOR/2005-151 — Canada Education Savings 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/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/94-753 — Indian Oil and Gas Regulations, 1995, 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/2005-379 — Assessable Activities, Exceptions and Executive Committee Projects 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/2008-80 — 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/2008-197 — Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Environment and Climate Change Canada with respect to certain comments made by the committee.

In the matter of SOR/2013-84 — Regulations Amending the Canada Pension Plan (Social Insurance Numbers) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Employment and Social Development Canada with respect to certain comments made by the committee.

In the matter of SOR/2014-297 — Regulations Amending the Maple 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/95-500 — Power Line Crossing Regulations, it was agreed that the file be closed.

In the matter of SOR/96-476 — Airport Traffic Regulations, amendment, it was agreed that the file be closed.

In the matter of SOR/2003-294 — Regulations Amending the Motor Vehicle Safety Regulations (Alternative Requirements for Headlamps); SOR/2008-73 — Regulations Amending the Motor Vehicle Safety Regulations (Door Locks and Door Retention Components); and SOR/2008-199 — Regulations Amending the Motor Vehicle Safety Regulations (Bumpers), it was agreed that the file be closed.

In the matter of SOR/2007-180 — Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 106, 116, 118, 123, 124, 209, 302 and 401) and the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, it was agreed that the file be closed.

In the matter of SOR/2015-156 — Regulations Amending the Central Registry of Divorce Proceedings Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2015-159 — Regulations Amending the Contraventions Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2015-160 — Regulations Amending the Canadian Aviation Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2014-1 — Blackberry Limited Income Tax Remission Order;

SI/2015-52 — Ministerial Responsibilities Under the Immigration and Refugee Protection Act Order;

SI/2015-113 — Proclamation Summoning Parliament to meet on the third day of December, 2015;

SOR/98-371 — Regulations Amending the Transportation of Dangerous Goods Regulations (No. 23);

SOR/99-10 — Yukon Quartz Mining Land Use Regulations;

SOR/99-11 — Yukon Placer Mining Land Use Regulations;

SOR/2000-132 — General Pilotage Regulations;

SOR/2007-19 — Regulations Amending the Income Tax Regulations (Natural Resources);

SOR/2007-288 — Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Project 1539);

SOR/2009-291 — Regulations Amending the Motor Vehicle Safety Regulations (Standard 216 — Roof Crush Resistance and Standard 220 — Rollover Protection);

SOR/2012-57 — Regulations Amending Certain Regulations Made Under the Broadcasting Act;

SOR/2013-236 — Allocation Method Order (2014) Softwood Lumber Products;

SOR/2013-253 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order;

SOR/2014-161 — Regulations Amending the Canadian Aviation Security Regulations, 2012 (Non-Passenger Screening — Phase 1);

SOR/2014-171 — Regulations Amending the Special Economic Measures (Russia) Regulations;

SOR/2014-204 — Regulations Amending the Special Economic Measures (Russia) Regulations;

SOR/2014-247 — Order Amending the Import Control List;

SOR/2014-253 — Royal Canadian Mounted Police Casual Employment Regulations;

SOR/2014-256 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2014-264 — Regulations Amending the Canadian Chicken Marketing Quota Regulations;

SOR/2014-267 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2014-271 — Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations;

SOR/2014-272 — Regulations Amending the Fees in Respect of Mail Regulations;

SOR/2014-277 — Order Designating Prince Edward Island for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code;

SOR/2014-280 — Regulations Prescribing an Oath of Secrecy;

SOR/2014-284 — Regulations Amending the Proof of Origin of Imported Goods Regulations;

SOR/2014-296 — Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations;

SOR/2014-299 — CKFTA Rules of Origin Regulations;

SOR/2014-300 — CKFTA Rules of Origin for Casual Goods Regulations;

SOR/2014-301 — CKFTA Tariff Preference Regulations;

SOR/2015-45 — Regulations Amending the Metal Mining Effluent Regulations;

SOR/2015-54 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2015-61 — Regulations Amending the Income Tax Regulations (Film and Video Productions, 2014);

SOR/2015-104 — Regulations Amending the Firearms Licences Regulations;

SOR/2015-117 — Regulations Amending the Income Tax Regulations (Accelerated Capital Cost Allowance for Facilities Used to Liquefy Natural Gas);

SOR/2015-128 — Regulations Amending the Employment Insurance Regulations;

SOR/2015-151 — Regulations Amending the Employment Insurance Regulations;

SOR/2015-202 — Red Tape Reduction Regulations;

SOR/2015-249 — Order Authorizing the Issue of a One Dollar Circulation Coin Specifying the Characteristics and Determining the Design;

SOR/2016-1 — Order Amending the Indian Bands Council Elections Order (George Gordon, Red Pheasant and Pabineau First Nations);

SOR/2016-2 — Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations);

SOR/2016-3 — Order 2016-87-01-01 Amending the Domestic Substances List;

SOR/2016-5 — North American Foreign Ministers Meeting 2016 — Privileges and Immunities Order;

SOR/2016-6 — Order Amending the Schedule to the Export and Import of Rough Diamonds Act;

SOR/2016-8 — Order Amending the Schedule to the First Nations Fiscal Management Act;

SOR/2016-11 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/2016-12 — Regulations Amending the Precursor Control Regulations (APAAN);

SOR/2016-13 — Order Amending Schedule VI to the Controlled Drugs and Substances Act (APAAN); and

SOR/2016-17 — Order 2016-87-03-01 Amending the Domestic Substances List.

At 10:06 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Adam Thompson

Joint Clerk of the Committee (Senate)