Proceedings of the Standing Joint Committee on
Scrutiny of Regulations

Issue 10 - Minutes of Proceedings, October 9, 2003

OTTAWA, Thursday, October 9, 2003
(12)

[English]

The Standing Joint Committee for the Scrutiny of Regulations met at 8:37 a.m., this day, in room 256-S, Centre Block, the Joint Chair, the Honourable Céline Hervieux-Payette, P.C., presiding.

Members of the committee present:

Representing the Senate: The Honourable Senators Michel Biron, Mac Harb, Céline Hervieux-Payette, P.C., James F. Kelleher, P.C., and Wilfred P. Moore (5).

Representing the House of Commons: John Cummins, Derek Lee, Paul Macklin, and Ted White (4).

In attendance: Joann Garbig, Joint Clerk of the Committee (House of Commons), and François-R. Bernier and Peter Bernhardt, 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.

Mr. Lee moved that Counsel to the committee prepare a draft report to both Houses regarding the Broadcast Licence Fee Regulations and their regulations for consideration at a future meeting of the committee.

After debate, the question being put on the motion, it was adopted.

On SOR/98-258 — Regulations Amending the Canada Pension Plan Regulations, it was agreed that Counsel to the committee correspond with the Designated Instruments Officers of the Department of Justice and of Human Resources Development with respect to certain comments made by the committee and, 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/85-686 — Pest Control Products Regulations amendment and SOR/93-232 — Department of Agriculture Omnibus Amendment Order, 1993-1, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the committee.

On SOR/2000-46 — Regulations Amending the Licensing and Arbitration Regulations, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of Justice with respect to certain comments made by the committee.

On SOR/97-521 — Regulations Amending the Hazardous Products (Ice Hockey Helmets) Regulations, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of Health with respect to certain comments made by the committee.

On SOR/87-372 — Processed 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/92-269 — Pulp and Paper Effluent Regulations and SOR/92-638 — Port Alberni Pulp and Paper Effluent Regulations, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of the Environment with respect to certain comments made by the committee.

On SOR/96-218 — Life Saving Equipment 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/2000-294 — Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing), 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/84-432 — Licensing and Arbitration Regulations and SOR/96-363 — Licensing and Arbitration 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 Weights and Measures Specifications, SGM-1, Weights and Measures Specifications, SGM-3; and Weights and Measures Specifications SGM-7, it was agreed that Counsel to the committee correspond with the Designated Instruments Officer of the Department of Industry with respect to certain comments made by the committee.

The committee considered C.R.C.c. 1035, Migratory Birds Regulations and SOR/85-694, Migratory Birds Regulations, amendment.

The committee considered the following Statutory Instruments:

SOR/94-638 — Comprehensive Study List Regulations;

SOR/99-439 — Regulations Amending the Comprehensive Study List Regulations;

SOR/97-493 — Benzene in Gasoline Regulations;

SOR/99-204 — Regulations Amending the Benzene in Gasoline Regulations;

SOR/2001-234 — Regulations Amending the Migratory Birds Regulations;

SOR/90-264 — Marine Machinery Regulations;

SOR/73-439 — Steamship Machinery Construction Regulations, amendment;

SOR/77-853 — Steamship Machinery Inspection Regulations, amendment;

SOR/98-508 — Order Amending the Domestic Substances List;

SOR/99-78 — Order Amending the Domestic Substances List;

SOR/99-79 — Order Amending the Domestic Substances List;

SOR/99-116 — Order Amending the Domestic Substances List;

SOR/99-117 — Order Amending the Domestic Substances List;

SOR/2001-107 — Regulations Amending the Namao Airport Zoning Regulations, 1990 (Miscellaneous Program);

SOR/2002-305 — Regulations Amending the Recovery of Overpayments Made to Former Members of Parliament Regulations;

SOR/2003-106 — Regulations Amending the Gasoline Regulations; and

SOR/2003-279 — Regulations Amending the Trenton Airport Zoning Regulations (Miscellaneous Program).

The committee considered the following Statutory Instruments without comment:

SOR/2001-243 — Order Amending the Canada Turkey Marketing Processors Levy Order;

SOR/2001-263 — Regulations Amending the Canadian Chicken Marketing Quota Regulations, 1990;

SOR/2001-297 — Order Declaring the Pickering Lands as an Airport Site;

SOR/2001-378 — Equity of a Cooperative Credit Association Regulations;

SOR/2001-379 — Equity of a Trust and Loan Company Regulations;

SOR/2001-380 — Equity of an Insurance Company or Insurance Holding Company Regulations;

SOR/2001-381 — Exempt Classes of Foreign Banks Regulations;

SOR/2001-454 — Regulations Amending the Food and Drug Regulations (1217 — Propamocarb hydrochloride);

SOR/2001-455 — Regulations Amending the Food and Drug Regulations (1219 — Isoxaflutole);

SOR/2001-456 — Regulations Amending the Food and Drug Regulations (1222 — Kresoxim-methyl);

SOR/2001-457 — Regulations Amending the Food and Drug Regulations (1228 — Amitrole);

SOR/2001-458 — Regulations Amending the Food and Drug Regulations (1230 — Cymoxanil);

SOR/2001-459 — Regulations Amending the Food and Drug Regulations (1253 — Fenhexamid);

SOR/2001-460 — Regulations Amending the Food and Drug Regulations (1261 — Tebufenozide);

SOR/2001-461 — Regulations Amending the Food and Drug Regulations (1284 — Thiamethoxam);

SOR/2001-464 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 01, Fishing Branch Ecological Reserve, Y.T.);

SOR/2001-465 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 02, Fishing Branch Wilderness Preserve, Y.T.);

SOR/2001-466 — Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 04, Horseshoe Slough Habitat Protection Area, Y.T.);

SOR/2001-489 — Special Appointment Regulations, No. 2001-14;

SOR/2001-491 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2001-492 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2001-501 — Order Repealing the National Library Fees Order;

SOR/2001-508 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2001-509 — Order Amending the Indian Bands Council Elections Order (Snuneymuxw First Nation);

SOR/2001-511 — Fruit and Vegetable Remission Order, 2001;

SOR/2001-514 — Regulations Amending the Food and Drug Regulations (1288 — Fomesafen);

SOR/2001-515 — Regulations Amending the Food and Drug Regulations (1289 — Triticonazole);

SOR/2001-519 — Regulations Amending the Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations) (Miscellaneous Program);

SOR/2001-523 — Order Amending the Schedule to the Budget Implementation Act, 2000 (Nisichawayasihk Cree Nation and Shuswap Bands);

SOR/2001-524 — Regulations Repealing the Railway Vision and Hearing Examination Regulations (Miscellaneous Program);

SOR/2001-526 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2001-531 — Regulations Amending the Food and Drug Regulations (1239 — Schedule F);

SOR/2002-33 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-126 — By-law Amending the Canada Deposit Insurance Corporation Differential Premiums By-law;

SOR/2002-210 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-211 — Regulations Amending the United Nations Afghanistan Regulations;

SOR/2002-327 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

SOR/2002-366 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2002-368 — Regulations Amending the Food and Drug Regulations (1247 — Establishment Licences and Good Manufacturing Practices);

SOR/2002-432 — Regulations Amending the Canadian Broiler Hatching Egg Marketing Agency Quota Regulations;

SOR/2002-455 — Regulations Amending the United Nations Suppression of Terrorism Regulations;

At 9:34 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)