Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 20 - Minutes of Proceedings - May 11, 2017

OTTAWA, Thursday, May 11, 2017
(21)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:30 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Senator Joseph A. Day and Mr. Harold Albrecht, presiding.

Members of the committee present: The Honourable Senators Day and Runciman (2).

Representing the House of Commons: Harold Albrecht, 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, Shawn Abel, Counsel and Cynthia Kirkby, Counsel, Parliamentary Information and Research Service, Library of Parliament and Jean-Marie David, Joint Clerk of the Committee (House of Commons).

Also present: The official reporters of the Senate.

Mr. Oliver moved:

That the committee proceed in camera and that, notwithstanding usual practice, member's and Whips' staff be allowed to remain;

That the committee allow the transcription of the in camera portion of today's meeting, that one copy be kept in the office of the Senate clerk of the committee for consultation by committee members present or by the committee's general counsel; and

That the transcript be destroyed by the clerk when authorized to do so by the Subcommittee on Agenda and Procedure, but no later than at the end of this parliamentary session.

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

At 8:32 am, the committee suspended.

At 8:33 am, the committee resumed in camera to consider a draft agenda (future business).

It was moved:

That the memorandum of understanding of 1982 and other agreements since then between the committee and the Library of Parliament be revised and updated by the Subcommittee on Agenda and Procedure, General Counsel to the committee and the Library of Parliament; and

That the Subcommittee on Agenda and Procedure report back to the committee within 6 months.

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

At 8:43 am, the committee suspended.

At 8:44 am, the committee resumed in public.

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/2015-12 — Certain Foreign Extra-territorial Measures (United States) Order, 2014, it was agreed that the file be closed.

In the matter of SOR/2016-242 — Order 2016-87-09-01 Amending the Domestic Substances List; and SOR/2016- 243 — Order 2016-112-09-01 Amending the Domestic Substances List, 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/2007-290 — Regulations Amending the Canadian Aviation Regulations (Parts I, III and VIII), it was agreed that the joint chairs correspond with the Minister of Transport Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-119 — Regulations Amending the 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/2016-227 — Order 2016-66-08-01 Amending the Domestic Substances List; SOR/2016-228 — Order 2016-87-08-01 Amending the Domestic Substances List; and SOR/2016-229 — Order 2016-112-08-01 Amending the Domestic Substances List, it was agreed that the file be closed.

In the matter of SOR/2016-281 — Critical Habitat of the Roseate Tern (Sterna dougallii) Order, it was agreed that counsel to the committee correspond with the Minister and the Designated Instruments Officer of Environment and Climate Change Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-136 — Regulations Amending the Great Lakes Pilotage 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/92-620 — Corrections and Conditional Release Regulations; and SOR/96-108 — Corrections and Conditional Release Regulations, amendment, it was agreed that the joint chairs correspond with the Minister of Public Safety and Emergency Preparedness with respect to certain comments made by the committee.

In the matter of SOR/2015-71 — Regulations Amending the Great Lakes Pilotage Tariff 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.

The committee considered the following Statutory Instruments without comment:

SOR/2016-250 — Order Amending the Schedule to the First Nations Elections Act (Beaver);

SOR/2016-251 — Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;

SOR/2016-256 — Regulations Amending the Canada Grain Regulations;

SOR/2016-259 — Regulations Amending the Indian Bands Council Method of Election Regulations (Stswecemc Xgattem First Nation) (Miscellaneous Program)

SOR/2016-262 — Regulations Amending the Income Tax Regulations (Film and Video Productions, 2016);

SOR/2016-263 — Order Amending the Indian Bands Council Elections Order (Pine Creek);

SOR/2016-264 — Order Amending the Schedule to the First Nations Elections Act (Pine Creek);

SOR/2016-265 — Order Amending the Indian Bands Council Elections Order (Flying Dust);

SOR/2016-266 — Order Amending the Schedule to the First Nations Elections Act (Flying Dust);

SOR/2016-267 — Order 2016-87-10-01 Amending the Domestic Substances List;

SOR/2016-268 — Regulations Amending the Vessel Operation Restriction Regulations; and

SOR/2016-269 — Regulations Amending the Schedule to the Navigation Protection Act

At 9:21 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Maxwell Hollins

Joint Clerk of the Committee (Senate)