Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 7 - Minutes of Proceedings

OTTAWA, Thursday, May 15, 2003
(8)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:35 a.m., this day, in room 256-S, Centre Block, the Joint Chairs, the Honourable Céline Hervieux-Payette, P.C., and Mr. Gurmant Grewal, M.P., presiding.

Members of the committee present:

Representing the Senate: The Honourable Senators Céline Hervieux-Payette, P.C, James F. Kelleher, P.C., Pana Merchant, Wilfred P. Moore, and Pierre-Claude Nolin (5).

Representing the House of Commons: Jim Abbott (for Ted White), John Cummins, Gurmant Grewal, Derek Lee, Paul Macklin, and Tom Wappel (6).

In attendance: François-R. Bernier and Jacques Rousseau, Counsel to the Committee, Research Branch, Library of Parliament.

Also present: The official reporters of the Senate.

The committee proceeded to consider its permanent Order of Reference, section 19, the Statutory Instruments Act, R.S.C., 1985, c. S-22, which follows:

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.

WITNESSES:

From Treasury Board of Canada, Secretariat:

Mr. John Morgan, Executive Director, Financial Management and Accounting Policy Directorate, Comptrollership Branch;

Ms. Suzanne Shirreff, Senior Director, Cost Recovery Policy Division, Deputy Comptroller General, Comptrollership Branch.

Mr. Cummins moved that Counsel to the Committee be instructed to have available at the next meeting a disallowance report on the Aboriginal Communal Fishing Licences Regulations for consideration by the committee as the first order of business.

After debate, the question being put on the motion it was carried, on a show of hands: yeas — 6; nays — 5; abstentions — 0.

Mr. Morgan and Ms. Shirreff made a presentation and answered questions.

It was agreed that witnesses from the Canadian Radio-Television and Telecommunications Commission, the Department of Canadian Heritage, and the Canadian Coast Guard be invited to appear at the next meeting on the issue of cost-recovery.

In relation to the committee's Fifth Report during the Second Session of the Thirty-third Parliament (Report No. 39), it was agreed that the Joint Chairs correspond with the Minister of Indian Affairs and Northern Development with respect to certain comments made by the committee.

The committee considered a letter from the Deputy Minister of the Department of Agriculture and Agri-Food and agreed that Counsel to the Committee review the status of certain files at a later date and inform the committee of any action taken.

The committee considered C.R.C. c. 568 — Denatured Alcohol Regulations.

On SOR/87-65 — Assessor's Rules of Procedure, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of the action taken.

On SOR/90-111 — Dairy Products Regulations, amendment, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of the action taken.

On SOR/91-558 — Dairy Products Regulations, amendment, it was agreed that Counsel to the Committee review their status at a later date and inform the committee of the action taken.

The committee considered SOR/2002-354 — Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 2002-1 (Miscellaneous Program).

The committee considered the following statutory instruments without comment:

Weights and Measures — Weights and Measures Specifications SGM-2;

C.R.C.c. 1295 — Post Office Act — Solicitations by Mail Regulations;

SI/96-21 — Proclamation Summoning Parliament to Meet February 27, 1996 (Despatch of Business);

SI/97-40 — Order Transferring from the Minister of Finance to the Minister of National Revenue, the Powers, Duties and Functions under any Part of the Excise Tax Act except Subsections 59 (1) and (3.1) of Part I and to the Department of National Revenue the Control and Supervision of that portion of the Public Service in the Office of the Superintendant of Financial Institutions relating to the Administration of Part I of the Excise Tax Act;

SI/97-70 — Order Terminating the Assignment of the Honourable Lawrence MacAulay and Assigning the Honourable Fred Mifflin to Assist the Minister for Atlantic Canada Opportunities Agency;

SI/97-71 — Order Terminating the Assignment and Assigning the Honourable Ethel Blondin-Andrew to Assist the Minister of Human Resources Development;

SI/97-72 — Order Terminating the Assignment of the Honourable Christine Stewart and Assigning the Honourable David Kilgour to Assist the Minister of Foreign Affairs;

SI/97-73 — Order Terminating the Assignment of the Honourable Douglas Peters and Assigning the Honourable James Peterson to Assist the Minister of Finance;

SI/97-74 — Order Terminating the Assignment of the Honourable Jon Gerrard and Assigning the Honourable Ron Duhamel to Assist the Minister of Industry and the Minister of Western Economic Diversification;

SI/97-75 — Order Assigning the Honourable Andrew Mitchell to Assist the Minister of Canadian Heritage;

SI/97-76 — Order Terminating the Assignment of the Honourable Fernand Robichaud to Assist the Minister of Agriculture and the Minister of Fisheries and Oceans;

SI/97-81 — Order Assigning the Honourable Gilbert Normand to Assist the Minister of Agriculture and Agri- Food and the Minister of Fisheries and Oceans;

SI/98-4 — Red River Basin (Manitoba) Flood Relief Payments Remission Order;

SI/98-13 — Order Amending the Foreign Organizations Remission Order, 1983;

SI/98-21 — Order Amending Certain Remission Orders made under the Financial Administration Act (Tariff Simplification);

SI/98-26 — Order Establishing Specifications Relating to Non-automatic Weighing Devices;

SI/98-27 — Order Regarding Weights and Measures Specifications;

SI/98-30 — United Nations Medal for Special Service Offer;

SI/98-32 — Order Transferring from the Minister of Finance to the Minister of Industry, the Powers, Duties and Functions in Relation to Regional Economic Development in Quebec and the Control and Supervision of the Economic Development Agency of Canada for the Regions of Quebec, amendment;

SI/98-33 — Order Designating the Economic Development Agency of Canada for the Regions of Quebec as a Department and Designating Renaud Caron as Deputy Head;

SI/98-37 — Government of the People's Republic of China Remission Order;

SI/98-38 — Order Authorizing The Canadian Corps of Commissionaires to Wear the Medal of Commissionaire Long Service Medal;

SI/98-44 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/98-47 — Order Amending the Income Earned in Quebec Income Tax Remission Order, 1988;

SI/98-64 — Order Amending the Joint Canada-United States Government Projects Remission Order;

SI/98-77 — Order transferring from the Minister of Canadian Heritage to the Minister of Public Works and Government Services the control and supervision of the Canada Information Office;

SI/98-82 — Order Respecting Certain Weights and Measures Specifications (1998);

SI/98-104 — Order respecting the remission of certain debts owed to Her Majesty in right of Canada by certain provinces;

SI/98-113 — Order Amending the Reproduction of Federal Law Order;

SI/99-5 — Order transferring from the Minister of Public Works and Government Services to the Minister of Transport, all the powers, duties and functions under the Northumberland Strait Crossing Act;

SI/99-34 — Order transferring from the Minister of Industry to the Minister of Agriculture and Agri-Food the powers, duties and functions under the Consumer Packaging and Labelling Act in relation to food;

SI/99-59 — Canadian Forces Force Reduction Program Overpayment Remission Order;

SI/99-61 — Order transferring from the Minister of Industry to the Minister of Canadian Heritage the powers, duties and functions under Parts II to VI of the Investment Canada Act;

SI/99-76 — Proclamation giving notice that the Agreement on Social Security between Canada and the Republic of Trinidad and Tobago is in force as of July 1, 1999;

SI/99-77 — Proclamation giving notice that the Protocol Amending the Convention between Canada and the Republic of Indonesia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital came into force on December 31, 1998;

SI/99-79 — Commission for Environmental Cooperation Remission Order (Part IX of the Excise Tax Act);

SI/99-80 — Commission for Environmental Cooperation (Executive Director) Remission Order (Part IX of the Excise Tax Act);

SI/99-81 — Commission for Environmental Cooperation (Director) Remission Order (Part IX of the Excise Tax Act);

SI/99-127 — United Nations Medal for Special Services Order (MINURCA);

SI/99-136 — United Nations Headquarters Medal for Special Service Order (New York City);

SI/99-140 — Certain Commercial Salmon Fishing Licences Fees Remission Order;

SI/2000-5 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Tombstone Territorial Park Reservation, Y.T.);

SI/2000-6 — Order Respecting the Withdrawal from Disposal of Certain Lands in the Yukon Territory (Fishing Branch Wilderness Preserve, Y.T.);

SI/2000-18 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2000-19 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2000-20 — Order Designating the Minister of Transport as the appropriate Minister for The Federal Bridge Corporation Limited for purposes of Part X of the Act;

SI/2000-21 — Order Fixing March 31, 2000 as the Date of the Coming into Force of Section 31 of the Act;

SI/2000-24 — Order Fixing April 15, 2000 as the Date of the Coming into Force of the Act;

SI/2000-25 — Order Fixing May 1, 2000 as the Date of the Coming into Force of the Act;

SI/2000-26 — Darryl MacDonald Remission Order;

SI/2000-27 — Order Fixing May 1, 2000 as the Date of the Coming into Force of the Act;

SI/2000-28 — Order Designating the Minister of Industry as the Minister for the purposes of all provisions of the Act;

SI/2000-30 — Proclamation Designating the ``Fire Prevention Week'';

SI/2000-34 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2000-35 — Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2000-36 — Certified Institutions Remission Order;

SI/2000-37 — Order Fixing May 8, 2000 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2000-38 — Order Fixing May 11, 2000 as the Date of the Coming into Force of the Act;

SI/2000-40 — Mychelle Houde Remission Order;

SI/2000-41 — Shannon Kurbis Remission Order;

SI/2000-42 — Order Fixing May 31, 2000 as the Date of the Coming into Force of the Act; and

SI/2000-43 — Order Amending the Access to Information Act Heads of Government Institutions Designation Order.

At 10:11 a.m., it was agreed that the committee adjourn to the call of the Joint Chairs.

ATTEST:

Till Heyde

Joint Clerk of the Committee (Senate)