Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 44 - Minutes of Proceedings - November 22, 2018

OTTAWA, Thursday, November 22, 2018
(45)

[Traduction]

The Joint Committee for the Scrutiny of Regulations met this day at 8:33 a.m., in room 505, Victoria Building, the joint chairs, the Honourable Joseph A. Day and Harold Albrecht, presiding.

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

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Benzen, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, Sherry Romanado (for Ramesh Sangha), Francis Scarpaleggia, Jati Sidhu, and Geng Tan (10).

In attendance: Marc-Olivier Girard, Joint Clerk of the Committee (House of Commons), Cynthia Kirkby, Acting General Counsel, and Penny Becklumb, Counsel, Parliamentary Information and Research Service, Library of Parliament.

Also present: 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 opened the meeting.

Concerning the accessibility of documents incorporated by reference (SF-2015-1), it was agreed that counsel for the committee would write to the Designated Instruments Officer at Justice Canada to share some of the committee's observations.

Concerning the Cabinet Directive on Regulation (SF2017-2), it was agreed that the joint chairs would write to the President of the Treasury Board of Canada Secretariat to share some of the committee's observations.

Concerning SOR/2016-281 Critical Habitat of the Roseate Tern (Sterna dougallii) Order, SOR/2017-10 Order Amending Schedule 1 to the Species at Risk Act, SOR/2017-59 Order Amending Schedule 1 to the Species at Risk Act, SOR/2017-112 Order Amending Schedule 1 to the Species at Risk Act, SOR/2017-229 Order Amending Schedule 1 to the Species at Risk Act and SOR/2018-10 Order Amending Schedule 1 to the Species at Risk Act, it was agreed that counsel for the committee would write to the Designated Instruments Officer for the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) to share some of the committee's observations; and that counsel for the committee would write to the Designated Instruments Officer at Environment and Climate Change Canada to share some of the committee's observations.

Concerning SOR/2002-352 Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII), it was agreed that the file be closed.

Concerning SOR/2002-352 Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII), SOR/ 2015-164 Policy Committees, Work Place Committees and Health and Safety Representatives Regulations, SOR/2015- 143 Regulations Amending the On Board Trains Occupational Safety and Health Regulations, SOR/2016-141 Regulations Amending Certain Regulations Made Under the Canada Labour Code, SOR/2010-120 Maritime Occupational Health and Safety Regulations, SOR/2011-87 Aviation Occupational Health and Safety Regulations, SOR/2000-328 Regulations Amending the Canada Occupational Safety and Health Regulations and SOR/2014-141 Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program), it was agreed that counsel for the committee would write to the Designated Instruments Officer at Employment and Social Development Canada to share some of the committee's observations.

Concerning SI/2017-74 Appointment or Deployment of Alternates Exclusion Approval Order and SI/2017-75 Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order, it was agreed that the file be closed.

Concerning SOR/2014-34 Regulations Amending the Radiocommunication Regulations, it was agreed that counsel for the committee would write to the Designated Instruments Officer at Innovation, Science and Economic Development Canada to share some of the committee's observations.

Concerning SOR/2018-100 Regulations Amending the Metal Mining Effluent Regulations, it was agreed that the file be closed.

Concerning SOR/2018-113 Regulations Amending the Wildlife Area Regulations (Miscellaneous Program), it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment: SI/2016-61 M-I Drilling Fluids Canada, Inc. Remission Order; SI/2016-65 Rita S. Sweet Remission Order; SI/2016-66 Micheline Racine Remission Order; SI/2017-6 Order Designating the Honourable Bardish Chagger as the Minister for the purposes of the Act; SI/ 2017-7 Order Designating the Honourable Bardish Chagger as the Minister for the purposes of the Act; SI/2017-8 Order Designating the Honourable Kirsty Duncan as the Minister for the purposes of the Natural Sciences and Engineering Research Council Act and Designating the Minister of Science as the appropriate Minister for the purposes of the Financial Administration Act; SI/2017-9 Order Designating the Honourable Kirsty Duncan as the Minister for the purposes of the Social Sciences and Humanities Research Council Act and Designating the Minister of Science as the appropriate Minister for the purposes of the Financial Administration Act; SI/2017-10 Transfer of Duties Order; SI/2017-11 Order Designating the Honourable Jane Philpott as the Minister for the purposes of the Act in respect of physical activity and Designating the Honourable Carla Qualtrough as the Minister for the purposes of the Act in respect of sport; SI/2017-12 Order Designating the Honourable Carla Qualtrough as the Minister for the purposes of the Act; SI/2017-16 Order Fixing March 12, 2017 as the Day on which Division 1 of Part 4 of the Act Comes into Force; SI/2017-67 Order Fixing November 27, 2017 as the Day on which Certain Sections of the Act Come into Force; SI/2017-68 Order Fixing December 3, 2017 as the Day on which Division 11 of Part 4 of the Act Comes into Force; SI/2017-69 Order Fixing October 31, 2017 as the Day on which subsection 3(2) of the Act Comes into Force; SI/2017-70 Order Fixing November 30, 2017 as the Day on which Section 14 of the Act Comes into Force; SI/ 2017-72 Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act; SI/2018-1 Order Fixing December 31, 2017 as the Day on which Certain Provisions of the Act Come into Force; SI/2018-12 Order Terminating the Assignment of the Honourable Kent Hehr and Assigning the Honourable Kirsty Duncan to Assist the Minister of Canadian Heritage and the Minister of Employment and Social Development; SI/2018-13 Order Designating the Honourable Kirsty Duncan to be "the Minister" for the purposes of the Act; SI/2018-14 Order Designating the Honourable Kirsty Duncan as the Minister for the purposes of the Act in respect of sport; SI/2018-15 Order Fixing March 12, 2018 as the day on which Sections 442 to 449 of that Act Come into Force; SI/2018-16 Order Designating the Minister for International Trade, a member of the Queen's Privy Council for Canada, as the Minister responsible for the Invest in Canada Act; SI/2018-20 Application for Citizenship — Minors Remission Order; SI/2018- 26 Order Fixing the Day on which this Order is made as the Day on which Division 17 of Part 4 of the Act Comes into Force; and SI/2018-27 Northern Pipeline Agency Cost Recovery Charge Remission Order, 2017.

At 9:44 a.m., the committee adjourned to the call of the chair.

ATTEST:

François Michaud

Joint Clerk of the Committee