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MINUTES OF PROCEEDING

(Meeting No. 3)

 

Thursday, November 20, 1997

 

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 Chairs, the Honourable Céline Hervieux-Payette, P.C., and Mr. Derek Lee, presiding.

 

Members of the committee present: Representing the Senate: Marisa Ferretti Barth, Normand Grimard, Céline Hervieux-Payette, P.C., P. Derek Lewis, Léonce Mercier and Wilfred Moore. (6)

 

Representing the House of Commons: Derek Lee, John Maloney, Richard Marceau, Inky Mark, John McKay and Tom Wappel. (6)

 

Acting Member present: David Price for Bill Casey.

 

In attendance: Danielle Bélisle, Joint Clerk of the Committee (House of Commons); François-R. Bernier, General Counsel and Peter Bernhardt, Counsel to the Committee, Research Branch, Library of Parliament.

 

Also in attendance: The official reporters of the Senate.

 

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

 

1. 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 Chairman from the House of Commons, Mr. Derek Lee, informed the committee of the composition of the Subcommittee on Agenda and procedure namely, the two Joint Chairs, the Vice-Chair, Mr. Richard Marceau from the Bloc Québécois, Mr. Lorne Nystrom from the New Democratic Party and the Honourable Senator Normand Grimard from the Progressive Conservative Party.

 

It was agreed to invite a representative of the Treasury Board before the committee on December 4, 1997 regarding the report of the Fraser Institute on regulatory reform.

 

It was also agreed to invite a representative of the Department of the Environment before the committee on December 4, 1997 with respect to requests for responses to questions from the committee which the department has not answered.

 

On SOR/83-654 -- Public Harbours Regulations, It was agreed, -- That the Joint Chairs correspond with the Minister of Transport with respect to certain comments made by the committee.

 

On SOR/93-43 -- Order Varying a "letter decision" (Chandler Subdivision Issued by the National Transportation Agency), It was agreed, -- That the Joint Chairs correspond with the Minister of Transport with respect to certain comments made by the committee.

 

On SOR/90-364 -- Extra-Provincial Truck Undertaking Licencing 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/95-471 -- Overflight Charges Regulations and SOR/96-545 -- Overflight Charges Regulations, repeal, It was agreed, -- That the files be closed.

 

On SOR/82-882 -- Proclaiming Certain Indian Bands from Portions of the Act (Before the committee on February 14, 1985, February 13, 1986, March 26, 1987, October 29, 1987, December 14, 1989, October 4, 1990, March 26, 1991, April 1, 1993, June 3, 1993, December 7, 1995, May 9, 1996 and October 10, 1996), 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/91-489 -- Boating Restriction Regulations, amendment, It was agreed, -- That the file be closed.

 

On SOR/93-3 -- Oil Pollution Prevention Regulations and SOR/95-545 -- Fort Resolution Airport Zoning Regulations, It was agreed, -- That counsel to the committee correspond with the Designated Instruments Officer of the Department of Transport with respect to certain comments made by the committee.

 

On SOR/96-66 -- Award Regulations; SOR/96-284 -- Boating Restriction Regulations, amendment; SOR/96-437 -- Regulations Amending Department of Transport Regulations (Miscellaneous Program); SOR/94-130 -- St-Clair and Detroit River Navigation Safety Regulations, amendment; SOR/93-251 -- Department of Transport Omnibus Amendment Order, 1993-1 and SOR/97-239 -- Payments to Estates Regulations, 1996, 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/96-458 -- Allowance Exclusion Order, amendment; SOR/96-231 -- Motor Vehicle Test Centre Fees Order, repeal; SOR/97-91 -- Regulations Amending the Federal Property Regulations (Miscellaneous Program); SOR/97-256 -- Office of the Secretary to the Governor General Informative Materials Regulations, repeal; Act Extended to Bolivia -- Act Extended to Saint-Vincent and the Grenadines (Before the Committee on April 1, 1993, December 7, 1995 and May 2, 1996); SOR/97-388 -- By-law Amending the Hamilton Harbour Cargo Rates Tariff By-law; SOR/93-308 -- Boating Restriction Regulations, amendment; SOR/91-298 -- Motor Vehicle Test Centre Fees Centre; SI/80-187 -- Québec North Shore and Labrador Railway Company Regulations; C.R.C. c. 1375 -- Algoma Central Railway Traffic Rules and Regulations; C.R.C. c.1376 -- Canadian National Railway Passenger Train Travel Rules; C.R.C. c. 1377 -- Canadian Pacific Railway Traffic Rules and Regulations; C.R.C. c 1378 -- Dominion Atlantic Railway Traffic Rules and Regulations; C.R.C. c. 1379 -- Grand River Railway Traffic Rules and Regulations; C.R.C. c. 1380 -- Lake Erie and Northern Railway Traffic Rules and Regulations and C.R.C. c. 1381 -- Quebec Central Railway Traffic Rules and Regulations (Before the committee on February 12, 1981, November 26, 1981, April 12, 1984, March 26, 1987, December 10, 1992, April 1, 1993, October 19, 1995 and April 18, 1996), It was agreed, -- That the files be closed.

 

The committee considered the following Statutory Instruments without comment.

 

SI/97-13 -- Temporary Entry Remission Order, No. 44; SI/97-27 -- Order Fixing March 1, 1997 as the Date of the Coming into Force of Section 45 of the Act to Amend, Enact and Repeal Certain Laws relating to Financial Institutions; SI/97-33 -- Order Fixing March 6, 1997 as the Date of the Coming into Force of Section 45.1 of the Act to Amend, Enact and Repeal Certain Laws relating to Financial Institutions; SI/97-37 -- Order Fixing April 1, 1997 as the Date of the Coming into Force of the Canadian Food Inspection Agency Act; SI/97-43 -- Order Fixing May 1, 1997 as the Date of the Coming into Force of the Act to Amend the Divorce Act, The Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act; SOR/91-552 -- Registered Vendor Certificate Regulations; SOR/94-6 -- Canadian Broiler Hatching Egg Marketing Agency Quota Regulations, amendment; SOR/94-343 -- Public Harbours Regulations, amendment; SOR/94-406 -- Ozone-depleting Substances Products Regulations, amendment; SOR/94-407 -- Schedule I to the Canadian Environmental Protection Act, amendment; SOR/94-412 -- Canadian Wheat Board Regulations, amendment; SOR/94-450 -- Wildlife Area Regulations, amendment; SOR/94-480 -- XVth Commonwealth Games Remission Order; SOR/94-490 -- Medical Devices Regulations, amendment; SOR/94-491 -- Health of Animals Regulations, amendment; SOR/94-521 -- Canadian Wheat Board Regulations, amendment; SOR/94-522 -- Canadian Wheat Board Regulations, amendment; SOR/94-573 -- Delegation of Powers (Customs) Order, amendment; SOR/94-644 -- Canadian Wheat Board Regulations, amendment; SOR/94-673 -- Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations, amendment; SOR/94-713 -- Crow Benefit (Southern Rails Cooperative Ltd.) Order No. 2; SOR/94-717 -- Motor Vehicle Safety Regulations, amendment; SOR/94-747 -- Schedule I to the Canadian Environmental Protection Act, amendment; SOR/94-756 -- Canadian Wheat Board Regulations, amendment; SOR/95-28 -- Canadian Broiler Hatching Egg Marketing Agency Quota Regulations, amendment; SOR/95-29 -- Canadian Broiler Hatching Egg Marketing Agency Quota Regulations, amendment; SOR/95-61 -- Canadian Wheat Board Regulations, amendment; SOR/95-75 -- Laurentian Pilotage Tariff Regulations, 1992, amendment; SOR/95-88 -- Canadian Wheat Board Regulations, amendment; SOR/95-111 -- Prohibition of Entry on Certain Lands Order, 1995, No. 4; SOR/95-112 -- Prohibition of Entry on Certain Lands Order, 1995, No. 5; SOR/95-224 -- Canadian Wheat Board Regulations, amendment; SOR/95-227 -- Prohibition of Entry on Certain Lands Order, 1995, No. 6; SOR/95-234 -- Feed Grain Transportation and Storage Assistance Regulations, amendment; SOR/95-291 -- Members of Panels (NAFTA) Regulations, amendment; SOR/95-292 -- National Historic Parks Order, amendment; SOR/95-293 -- Schedule to the Transfer of Offenders Act, amendment; SOR/95-302 -- Government Employees Land Acquisition Order, 1995, No. 2; SOR/95-303 -- Department of National Revenue and Department of Finance Repeal Order, 1994; SOR/95-312 -- Approved Breath Analysis Instruments Order, amendment; SOR/95-324 -- Canadian Wheat Board Regulations, amendment; SOR/95-368 -- Excise Warehousing Regulations, amendment; SOR/95-383 --

 

Canadian Wheat Board Regulations, amendment; SOR/95-388 -- Order Designating the Canada Retail Debt Agency as Part of the Public Service of Canada; SOR/95-392 -- Off Grades of Grain and Grades of Screenings Order, amendment; SOR/95-408 -- Distillery Regulations, amendment; SOR/95-416 -- Prohibition of Entry on Certain Lands Order, 1995, No. 7; SOR/95-417 -- Prohibition of Entry on Certain Lands Order, 1995, No. 8; SOR/95-438 -- Safety and Health Committees and Representatives Regulations, amendment; SOR/95-441 -- Boating Restriction Regulations, amendment; SOR/95-466 -- Tobacco Regulations, amendment; SOR/95-480 -- Canadian Wheat Board Regulations, amendment; SOR/95-481 -- Canadian Wheat Board Regulations, amendment; SOR/95-494 -- Motor Vehicle Safety Regulations, amendment; SOR/95-497 -- Fishery (General) Regulations, amendment; SOR/95-511 -- Canadian Wheat Board Regulations, amendment; SOR/95-523 -- Laurentian Pilotage Tariff Regulations, 1996; SOR/95-554 -- Canadian Wheat Board Regulations, amendment; SOR/95-555 -- Canadian Wheat Board Regulations, amendment; SOR/95-558 -- Greenwood Airport Zoning Regulations; SOR/95-559 -- Fort Liard Airport Zoning Regulations; SOR/95-575 -- Schedule I to the Canadian Environmental Protection Act, amendment; SOR/95-582 -- Laurentian Pilotage Tariff Regulations, 1996, amendment; SOR/95-584 -- Ozone-depleting Substances Products Regulations; SOR/95-587 -- Feed Grain Transportation and Storage Assistance Regulations, amendment; SOR/96-7 -- Special Appointment Regulations, No. 1995-6; SOR/96-80 -- Feed Grain Transportation and Storage Assistance Regulations, amendment; SOR/96-157 -- Canadian Wheat Board Regulations, amendment; SOR/96-238 -- Schedule I to the Canadian Environmental Protection Act, amendment; SOR/96-264 -- Canadian Wheat Board Regulations, amendment; SOR/96-279 -- Feed Grain Transportation and Storage Assistance Regulations, amendment; SOR/96-382 -- Canadian Wheat Board Regulations, amendment; SOR/96-392 -- Canadian Wheat Board Regulations, amendment; SOR/96-402 -- Atlantic Pilotage Authority Regulations, amendment; SOR/96-456 -- Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Design of a Two Hundred Dollar Precious Metal Coin; SOR/96-479 -- NAV CANADA Divestiture Regulations; SOR/97-24 -- Order Designating the Canada Investment and Savings as Part of the Public Service of Canada; SOR/97-83 -- Order Amending the schedule to the Transfer of Offenders Act; SOR/97-97 -- Proclamation Authorizing the Issue and Prescribing the Composition, Dimensions and Designs of Four Fifty Cent Precious Metal Coins; SOR/97-113 -- Regulations Amending the Canadian Wheat Board Regulations; SOR/97-162 -- Regulations Amending the Retirement Compensation Arrangements Regulations, No. 2; SOR/97-176 -- Regulations Amending the Garnishment and Attachment Regulations; SOR/97-177 -- Regulations amending the Pensions Diversion Regulations and SOR/97-223 -- Regulations Amending the Canadian Wheat Board Regulations.

 

At 9:17 a.m., the committee adjourned to the call of the Chair.

 

 

 

Tõnu Onu

 

Joint Clerk of the Committee (Senate)