Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 42 - Minutes of Proceedings - November 1, 2018

OTTAWA, Thursday, November 1, 2018
(43)

The Standing Joint Committee on the Scrutiny of Regulations met this day at 8:31 a.m., in room 256-S, Centre Block, the Joint Chairs, the Honourable Joseph A. Day and Mr. Harold Albrecht, presiding.

Representing the Senate: Honourable senators Day and Mégie (2).

Representing the House of Commons: Harold Albrecht, Larry Bagnell (for Ramesh Sangha), Ali Ehsassi, Fayçal El- Khoury, Kent Hehr (for Vance Badawey), Larry Miller, Anne Minh-Thu Quach (for Pierre-Luc Dusseault), Francis Scarpaleggia, Martin Shields, Jati Sidhu, and Geng Tan (11).

Also present: Marc-Olivier Girard, Joint Clerk of the Committee (House of Commons), Cynthia Kirkby, Acting Senior Counsel, Penny Becklumb, Counsel, and Shawn Abel, 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 joint chairs called the meeting to order.

In the matter of the appearance of witnesses from Global Affairs Canada, it was agreed that the joint chairs write to the Minister of Foreign Affairs with respect to certain comments of the committee.

In the matter of SOR/2015-169 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Innovation, Science and Economic Development with respect to certain comments made by the committee.

In the matter of SOR/2018-71 — Regulations Amending the Insurable Earnings and Collection of Premiums Regulations, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of National Revenue with respect to certain comments made by the committee.

In the matter of SOR/98-443 — Environmental Assessment Review Panel Service Charges Order, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Environment and Climate Change with respect to certain comments made by the committee.

In the matter of SOR/99-318 — Canada Port Authority Environmental Assessment Regulations, and SOR/2011-139 — Establishing Timelines for Comprehensive Studies Regulations, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Environment and Climate Change with respect to certain comments made by the committee.

In the matter of SOR/2001-390 — Form of Proxy (Banks and Bank Holdings Companies) Regulations, it was agreed that the joint chairs invite the Minister of Finance to appear before the committee.

In the matter of SOR/2003-363 — Antarctic Environmental Protection Regulations, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Environment and Climate Change with respect to certain comments made by the committee.

In the matter of SI/2018-33 —Transfer of Duties Order, it was agreed that the file be closed.

In the matter of SOR/2008-180 — Principal Protected Notes Regulations, SOR/2009-257 — Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign Insurance Companies) Regulations, SOR/2010-69 — Mortgage Insurance Disclosure (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Canadian Societies) Regulations, SOR/2010-239 — Electronic Documents (Banks and Bank Holding Companies) Regulations, SOR/2010-240 — Electronic Documents (Trust and Loan Companies) Regulations, SOR/2010-241— Electronic Documents (Insurance and Insurance Holding Companies) Regulations, SOR/2010-242 — Electronic Documents (Cooperative Credit Associations) Regulations, SOR/2011-98 — Deposit Type Instruments Regulations, SOR/2011-99 —Registered Products Regulations, SOR/2012-23 — Negative Option Billing Regulations, it was agreed that the joint chairs correspond with the Minister of Finance with respect to certain comments made by the committee.

In the matter of SOR/2005-135 — Regulations Amending the Charts and Nautical Publications Regulations (1995), it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Transport with respect to certain comments made by the committee.

In the matter of SOR/2017-203 — Regulations Amending the Laurentian Pilotage Tariff Regulations, it was agreed that the file be closed.

In the matter of SOR/2002-227— Immigration and Refugee Protection Regulations, as amended to SOR/2005-61, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Immigration, Refugees and Citizenship with respect to certain comments made by the committee.

In the matter of SOR/2009-258 — Regulations Amending the Cost of Borrowing (Banks) Regulations, SOR/2009-259 — Regulations Amending the Cost of Borrowing (Authorized Foreign Banks) Regulations; SOR/2009-260 — Regulations Amending the Cost of Borrowing (Trust and Loan Companies) Regulations; SOR/2009-261— Regulations Amending the Cost of Borrowing (Retail Associations) Regulations; SOR/2009-262 — Regulations Amending the Cost of Borrowing (Canadian Insurance Companies) Regulations; SOR/2009-263 — Regulations Amending the Cost of Borrowing (Foreign Insurance Companies) Regulations, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Finance with respect to certain comments made by the committee.

In the matter of SOR/2017-165 — Certificate of Supplementary Protection Regulations, it was agreed that committee counsel correspond with the Designated Instruments Officer of the Department of Innovation, Science and Economic Development with respect to certain comments made by the committee.

The committee considered the following Statutory Instruments without comment: SOR/2005-29 — Regulations Amending the Small Vessel Regulations; SOR/ 2006-192 — Regulations Amending the Great lakes Pilotage Tariff Regulations; SOR/2014-181 — Statement Limiting the Right to Equitable Remuneration of Certain Rome Convention of WPPT Countries; SOR 2015-19 — Regulations Amending the New Substances Notification Regulations (Chemicals and Polymers) and the Export of Substances on the Export Control List Regulations; SOR/2016-78 — Regulations Amending Certain Regulations Made Under the Broadcasting Act; SOR/2016-91 — Regulations Amending the Property Assessment and Taxation (Railway Right-of-Way) Regulations; SOR/2016-121 — Regulations Amending the Pooled Registered Pension Plan Regulations; SOR/ 2016-149 — Regulations Amending the Veterans Burial Regulations; SOR/2016-154 — Regulations Amending the First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations; SOR/2016-293 — Railway Regulations Amending the Immigration and refugee Protection Regulations (Temporary Resident Visa); SOR/ 2016-300 — Regulations Amending the Canadian Chicken Marketing Quota Regulations; SOR /2016-309 — Regulations Amending the Pooled Registered Pension Plan Regulations; SOR/2017-23 — Order Amending the Schedule to the First Nations Fiscal Management Act; SOR/2017- 24 — Order 2017-87-02-01 Amending the Domestic Substances List; SOR/2017-25 — Order Authorizing the Issue of Two Dollar Circulation Coin Specifying the Characteristics and Determining the Design; SOR/2017-29 Order Amending the Canadian Chicken Marketing Levies Order; SOR/2017-51 Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order; SOR/2017-71 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990; SOR/2017-72 — Regulations Amending the Canadian Turkey Marketing Quota Regulations, 1990; SOR/2017-90 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order; SOR/2017-156 — Order Amending the Canadian Broiler Hatching Egg Marketing Levies Order; SOR/2017-219 — Regulations Amending the Pooled Registered Pension Plans Regulations; SOR/2017-220 — Regulations Amending the Pest Control Products Regulations (Personal Use Import Exemption); SOR/2017-244 — Regulations Amending the Canadian Chicken Marketing Quota Regulations; SOR/2017-245 — Proclamation Declaring that the Government Corporations Operation Act is Applicable to Development Finance Institute Canada (DFIC) Inc.; SOR/2017-247 — Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012; SOR/2017-249 — Order Amending Schedule III to the Controlled Drugs and Substances Act (Aminorex); and SOR/2017-250 — Regulations Amending the Food and Drug Regulations (Parts G and J — Aminorex).

At 9:50, the committee adjourned to the call of the chair.

ATTEST:

François Michaud
Joint Clerk of the Committee (Senate)