Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue 3 - Minutes of Proceedings - May 5, 2016

OTTAWA, Thursday, May 5, 2016
(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 Pana Merchant and Mr. Harold Albrecht, presiding.

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

Other senator present: The Honourable Senator Omidvar (1).

Representing the House of Commons: Harold Albrecht, Gary Anandasangaree, Vance Badawey, John Brassard, Nicola Di lorio, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Garnett Genuis, Bernadette Jordan, Tom Kmiec and Geng Tan (12).

Also present: Andrea McCaffrey, Joint Clerk of the Committee (House of Commons); Peter Bernhardt, General Counsel, and Cynthia Kirkby, 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/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/2015-118 — Order Amending the Public Service Labour Relations Act Separate Agency Designation Order, it was agreed that the file be closed.

In the matter of SOR/2015-216 — Order 2015-87-10-01 — Amending the Domestic Substances List, it was agreed that the file be closed.

In the matter of SOR/2006-124 — Pest Control Products Regulations, it was agreed that, pursuant to subsection 19.1(2), of the Statutory Instruments Act, the committee advise the Minister of Health of their intention to consider a report containing a resolution for the disallowance of subparagraph 26(1)(h)(i), paragraph 26(2)(g) and subitem 1(a) of the table to section 6 of Schedule 2 of the Pest Control Products Regulations.

In the matter of SOR/2012-252 — Regulations Amending the Immigration and Refugee Protection Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Immigration, Refugees and Citizenship Canada with respect to certain comments made by the committee.

In the matter of SI/2008-85 — Certain Fees Relating to Export Certificates Remission Order; SI/2008-86 — Certain Fees Relating to Feeder Cattle Imported from the United States Remission Order; and SI/2008-87 — Certain Fees Relating to Registered Establishments Remission Order it was agreed that officials from the Canadian Food Inspection Agency be invited to appear before the committee.

In the matter of SOR/97-109 — PCB Waste Export Regulations, 1996, it was agreed that this item be added to agenda for the appearance of departmental officials scheduled for June 2, 2016.

In the matter of SOR/2002-301 — Interprovincial Movement of Hazardous Waste Regulations it was agreed that this item be added to agenda for the appearance of departmental officials scheduled for June 2, 2016.

In the matter of SOR/2005-149 — Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations it was agreed that that counsel to the committee correspond with the Designated Instruments Officer of Environment and Climate Change Canada, and that this item be added to agenda for the appearance of departmental officials scheduled for June 2, 2016.

In the matter of SOR/2009-162 — Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations it was agreed that that counsel to the committee correspond with the Designated Instruments Officer of Environment and Climate Change Canada, and that this item be added to agenda for the appearance of departmental officials scheduled for June 2, 2016.

In the matter of SOR/2010-119 — Regulations Amending the Pest Control 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/2003-2 — On-Road Vehicle and Engine Emission 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/2010-221 — Regulations Amending the Narcotic Control Regulations (Miscellaneous Program), 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/2013-231 — Rules Amending the Patent Rules, it was agreed that the file be closed.

In the matter of SOR/2013-232 — Regulations Amending the Trade-marks Regulations, it was agreed that the file be closed.

In the matter of SOR/86-1004 — Atlantic Pilotage Authority Non-compulsory Area 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/2003-296 — Regulations Amending the Wildlife Area 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/2005-247 — New Substances Notification Regulations (Chemicals and Polymers), 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/2009-20 — Regulations Amending the Wild Animal and Plant Trade Regulations, it was agreed that the joint chairs correspond with the Minister of Environment and Climate Change Canada with respect to certain comments made by the committee.

In the matter of SOR/2012-135 — Regulations Amending the Sulphur in Diesel Fuel Regulations it was agreed that that counsel to the committee correspond with the Designated Instruments Officer of Environment and Climate Change Canada, and that this item be added to agenda for the appearance of departmental officials scheduled for June 2, 2016.

In the matter of SOR/2014-24 — Regulations Amending the Pest Control Products Regulations, it was agreed that the file be closed.

In the matter of SOR/2014-302 — Regulations Amending the Canadian International Trade Tribunal 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/2005-380 — Decision Body Time Periods and Consultation Regulations, it was agreed that the file be closed.

In the matter of SOR/2013-235 — Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2015-161 — Regulations Amending Certain Department of Transport Regulations Concerning Marine Safety and Security (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2015-85 — Regulations Amending the Orderly Payment of Debts Regulations (Miscellaneous Program), it was agreed that the file be closed.

In the matter of SOR/2015-199 — Regulations Amending the Unsolicited Telecommunications Fees Regulations, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2014-89 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of Serbia Comes into Force on December 1, 2014;

SI/2015-72 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015;

SOR/2007-246 — Regulations Amending the Motor Vehicle Safety Regulations (Theft Protection and Rollaway Prevention — Standard 114);

SOR/2007-303 — Federal-Provincial Fiscal Arrangements Regulations, 2007;

SOR/2008-229 — Regulations Amending the Motor Vehicle Safety Regulations (Low-speed Vehicles);

SOR/2008-318 — Regulations Amending the Federal-Provincial Fiscal Arrangements Act and the Federal- Provincial Fiscal Arrangements Regulations, 2007;

SOR/2009-234 — Regulations Amending the Broadcasting Distribution Regulations;

SOR/2009-297 — Regulations Amending the Employment Insurance Regulations;

SOR/2011-146 — Regulations Amending the Radio Regulations, 1986;

SOR/2014-193 — Regulations Amending the Railway Interswitching Regulations;

SOR/2014-278 — Textiles and Apparel Remission Order, 2014;

SOR/2015-36 — Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1;

SOR/2015-91 — Regulations Amending Certain Regulations Made Under the Broadcasting Act;

SOR/2015-92 — Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure;

SOR/2015-109 — Regulations Amending the Housing Loan (Insurance, Guarantee and Protection) Regulations;

SOR/2015-138 — Regulations Amending the Immigration and Refugee Protection Regulations;

SOR/2015-200 — General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations;

SOR/2015-215 — Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure;

SOR/2015-253 — Order Amending the Canada Turkey Marketing Producers Levy Order;

SOR/2015-254 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990;

SOR/2015-255 — Order 2015-87-13-01 Amending the Domestic Substances List;

SOR/2015-256 — Order 2015-66-13-01 Amending the Domestic Substances List; and

SOR/2015-257 — Regulations Amending the Canadian Chicken Marketing Quota Regulations.

At 9:47 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Adam Thompson

Joint Clerk of the Committee (Senate)