Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 8 - Minutes of Proceedings - October 20, 2016

OTTAWA, Thursday, October 20, 2016
(9)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:33 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Senator Pana Merchant and Mr. Harold Albrecht, presiding.

Members of the committee present: The Honourable Senators Merchant, Moore, Omidvar and Runciman (4).

Representing the House of Commons: Harold Albrecht, Gary Anandasangaree, John Brassard, Kerry Diotte, Ali Ehsassi, Fayçal El-Khoury, Garnett Genuis, Bernadette Jordan, Tom Kmiec, Joël Lightbound, Terry Sheehan and Salma Zahid (12).

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

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 Document relating to the Appearance of Witnesses from the Canadian Food Inspection Agency on July 16, 2016 (Part 2); 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 counsel to the committee correspond with the Designated Instruments Officer of the Canadian Food Inspection Agency with respect to certain comments made by the committee.

In the matter of Marginal Notes, it was agreed that the joint chairs correspond with the Minister of Department of Justice Canada with respect to certain comments made by the committee.

In the matter of SOR/2001-390 — Form of Proxy (Banks and Bank Holding Companies) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/2006-242 — Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Innovation, Science and Economic Development Canada with respect to certain comments made by the committee.

In the matter of SOR/2008-222 — Wage Earner Protection Program Regulations, it was agreed that the file be closed.

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; and SOR/2009-263 — Regulations Amending the Cost of Borrowing (Foreign Insurance Companies) Regulations, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SOR/88-58 — Air Transportation Regulations; and SOR/96-335 — Air Transportation Regulations, amendment, it was agreed that the joint chairs invite Canadian Transport Agency officials to appear before the committee.

In the matter of SOR/2005-62 ± Canada Production Insurance Regulations, it was agreed that the joint chairs correspond with the Minister of Agriculture and Agri-Food Canada with respect to certain comments made by the committee.

In the matter of SOR/2011-217 — Regulations Amending the National Historic Parks General Regulations (Miscellaneous Program), it was agreed that the joint chairs invite Parks Canada officials to appear before the committee.

In the matter of SOR/2015-72 — Regulations Repealing Certain Regulations Made Under the Farm Income Protection Act (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Agriculture and Agri-Food Canada and Privy Council Office with respect to certain comments made by the committee.

In the matter of SOR/2001-281 — By-law No. 7 Respecting the Large Value Transfer System, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Finance Canada with respect to certain comments made by the committee.

In the matter of SI/2016-20 — Order Designating the Minister of Public Works and Government Services as the Minister for the Purposes of the Act, it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Privy Council Office with respect to certain comments made by the committee and that the file be closed.

In the matter of SOR/2015-56 — Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division), it was agreed that the file be closed.

In the matter of SOR/2006-50 — Canadian Forces Members and Veterans Re-establishment and Compensation 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/2007-125 — Vessel Clearance 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/2009-162 — Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations, it was agreed to report the matter.

In the matter of SOR/2008-104 — Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Miscellaneous Program), it was agreed that counsel to the committee correspond with the Designated Instruments Officer of Department of Transport with respect to certain comments made by the committee.

In the matter of C.R.C. c. 1551 — Textile Labelling and Advertising Regulations, the matter was deferred to the next meeting of the committee.

In the matter of SOR/93-195 — Quebec Maple Syrup Producers' Levy (Interprovincial and Export Trade) Order, 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/2004-155 — Schedule 1 Chemicals Regulations (Chemical Weapons Convention), it was agreed that the joint chairs correspond with the Minister of Global Affairs Canada with respect to certain comments made by the committee.

In the matter of SOR/99-318 — Canada Port Authority Environmental Assessment 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/2012-160 — General Export Permit No. 45 — Cryptography for the Development or Production of a Product, 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/89-259 — Brewery Regulations, amendment, it was agreed that the file be closed.

In the matter of SOR/2015-158 — Regulations Amending the Canada Pension Plan Regulations, it was agreed that the file be closed.

In the matter of SOR/2016-96 — Regulations Repealing the Vinyl Chloride Release Regulations, 1992, it was agreed that the file be closed.

The committee considered the following Statutory Instruments without comment:

SI/2016-2 — Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2015-483;

SI/2016-3 — Order Fixing February 5, 2016 as the Day on which Certain Provisions of the Act Come into Force;

SI/2016-4 — Order Fixing April 5, 2016 as the Day on which the Act Comes into Force;

SI/2016-8 — Order Designating the Minister of Transport as the Minister for the purposes of the Act;

SI/2016-9 — Lorie Armalis Remission Order;

SI/2016-10 — Cedric Taylor Remission Order;

SI/2016-11 — Rashpal Pannu Remission Order;

SI/2016-12 — Glenda Skene Remission Order;

SI/2016-14 — Order Fixing April 1, 2016 as the Day on which Sections 177 to 204 of the Act Come into Force;

SI/2016-15 — Order Fixing the Day after the Day on which this Order is made as the Day on which the Act Comes into Force;

SI/2016-16 — Motors Insurance Corporation Remission Order;

SOR/2014-27 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2014-29 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/2014-38 — Canada Post Corporation Pension Plan Funding Regulations;

SOR/2014-98 — Regulations Amending the Special Economic Measures (Russia) Regulations;

SOR/2014-156 — Order Amending the Schedule to the Customs Tariff, 2014-1;

SOR/2014-236 — Special Economic Measures (South Sudan) Permit Authorization Order;

SOR/2014-238 — Regulations Amending the Proof of Origin of Imported Goods Regulations;

SOR/2014-240 — Regulations Amending the Pacific Pilotage Regulations;

SOR/2014-259 — Regulations Amending the Mail Receptacles Regulations;

SOR/2014-294 — Order Amending the Allocation Method Order (Beef and Veal);

SOR/2014-309 — Regulations Amending the Passport and Other Travel Document Services Fees Regulations (Miscellaneous Program);

SOR/2015-65 — Regulations Amending the National Security Review of Investments Regulations;

SOR/2015-107 — Rules Amending the Public Servants Disclosure Protection Tribunal Rules of Procedure;

SOR/2015-114 — Marketing Authorization for Gluten-Free Oats and Foods Containing Gluten-Free Oats;

SOR/2016-16 — Regulations Amending the Regulations Amending the Broadcasting Distribution Regulations;

SOR/2016-27 — Order Amending the Schedule to the First Nations Land Management Act;

SOR/2016-28 — Order Amending the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations);

SOR/2016-30 ± Regulations Amending the Income Tax Regulations (Withholding of Income Tax on Payments from Registered Disability Savings Plan);

SOR/2016-32 — Order Amending the Canadian Chicken Marketing Levies Order;

SOR/2016-33 — By-law Amending the Canada Deposit Insurance Corporation Deposit Insurance Information By- law;

SOR/2016-40 — Order Amending Schedule 2 to the First Nations Goods and Services Tax Act, No. 2016-1 (Dakota Plains);

SOR/2016-42 — Order Extending the application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations;

SOR/2016-44 — Regulations Amending the Atlantic Pilotage Tariff Regulations, 1996;

SOR/2016-45 — Regulations Amending the Atlantic Pilotage Authority Regulations;

SOR/2016-47 — Order 2016-66-04-01 Amending the Domestic Substances List;

SOR/2016-50 — Regulations Amending the Special Economic Measures (Russia) Regulations; and

SOR/2016-51 — Regulations Amending the Special Economic Measures (Ukraine) Regulations.

At 10:09 a.m., the committee adjourned to the call of the joint chairs.

ATTEST:

Maxwell Hollins

Joint Clerk of the Committee (Senate)