Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 21 - Minutes of Proceedings - June 1, 2017

OTTAWA, Thursday, June 1, 2017
(22)

[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 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, Kerry Diotte, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Garnett Genuis, Glen Motz, John Oliver, Francis Scarpaleggia, Sven Spengemann and Salma Zahid (12).

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

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 Miscellaneous Statute Law Amendment, it was moved by Senator Runciman:

That the joint chairs correspond with the Minister of Justice with respect to certain comments made by the committee.

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

In the matter of Global Affairs Canada Files

(A) Prohibition on doing anything that "cause, assists or promotes'' prohibited actions — May prohibit free speech, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

(B) Disclosure and self-incrimination, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

(C) Delisting provision — procedure for being delisted by Security Council, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

(D) Duty to Determine property under one's control on a continuing basis, it was agreed that the file be closed.

(E) Issuance of Certificates by Minister, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

(F) List of Designated Persons, it was agreed that the file be closed.

(G) Mistaken Identity — Issuance of Certificates by Minister, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

(H) "Making available . . . for the benefit of'', it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee. It was also agreed that the joint chairs correspond with the Ministers of Global Affairs Canada with respect to certain comments made by the committee.

(I) Prohibition on doing anything intended to directly or indirectly cause, assist, or promote a prohibited thing, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee. It was also agreed that the joint chairs correspond with the Ministers of Global Affairs Canada with respect to certain comments made by the committee.

(J) "Any act or thing'', it was agreed that the file be closed.

(K) Requirement for notification, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

(L) General certificate authorizing an act that would otherwise violate Regulations, it was agreed that the file be closed.

(M) Additional terms related to "hypothec, mortgage, charge, security interest or prior claim'', it was agreed that the file be closed.

In the matter of SOR/2007-285 - Special Economic Measures (Burma) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-248 — Special Economic Measures (Zimbabwe) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2009-92 — Regulations Implementing the United Nations Resolutions on Somalia; and SOR/ 2012-121 — Regulations Amending the Regulations Implementing the United Nations Resolutions on Somalia, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2010-84 — Regulations Implementing the United Nations Resolution on Eritrea, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-114 — Special Economic Measures (Syria) Regulations; SOR/2011-220 — Regulations Amending the Special Economic Measures (Syria) Regulations; and SOR/2011-330 — Regulations Amending the Special Economic Measures (Syria) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-85 — Regulations Amending the Special Economic Measures (Burma) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2014-163 — Regulations Implementing the United Nations Resolutions on the Central African Republic, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2014-212 — Regulations Amending the United Nations Al-Qaida and Taliban Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2014-213 — Regulations Implementing the United Nations Resolution on Yemen, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-44 — Regulations Implementing the United Nations Resolution on Iran, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-107 — Regulations Amending the Special Economic Measures (Syria) Regulations, it was agreed that the file be closed.

In the matter of SOR/2006-164 — Regulations Amending the United Nations Afghanistan Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2007-204 — Regulations Implementing the United Nations Resolution on Lebanon, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/2006-287 — Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea, it was agreed that the file be closed.

In the matter of SOR/2009-232 — Regulations Amending the Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SOR/86-193 — Radio (A.M.) Broadcasting Regulations, amendment;

SOR/86-194 — Radio (F.M.) Broadcasting Regulations, amendment;

SOR/91-559 — Railway Lines Abandonment Regulations, amendment;

SOR/92-600 — Transportation of Dangerous Goods Regulations, amendment;

SOR/92-613 — Radio Regulations, 1986, amendment;

SOR/95-424 — Drug Evaluation Fees Regulations;

SOR/2008-211 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations;

SOR/2010-305 — Regulations Amending the Canada Business Corporations Regulations, 2001;

SOR/2011-89 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations;

SOR/2012-80 — Regulations Amending the General Pilotage Regulations;

SOR/2012-196 — Regulations Amending the Pacific Pilotage Tariff Regulations;

SOR/2012-288 — Regulations Amending the Class I Nuclear Facilities Regulations and the Uranium Mines and Mills Regulations;

SOR/2013-119 — Marijuana for Medical Purposes Regulations; and

SOR/2013-172 — Regulations Amending Certain Regulations Relating to Access to Restricted Drugs

At 10:02 a.m., the committee adjourned to the call of the chair.

ATTEST:

Maxwell Hollins

Joint Clerk of the Committee (Senate)