Proceedings of the Standing Joint Committee for the Scrutiny of Regulations

Issue 7 - Minutes of Proceedings - April 14, 2005

OTTAWA, Thursday, April 14, 2005

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[TRANSLATION]

The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:35 a.m., in Room 160-S of the Centre Block, the Joint Chair, the Honourable John G. Bryden, presiding.

Representing the Senate: The Honourable Senators Bryden, Hervieux-Payette, P.C., and Moore, (3).

Representing the House of Commons: Rob Anders, Robert Bouchard, Art Hanger, Derek Lee, Randy Kamp, Paul Macklin, P.C., Lynn Myers, Tom Wappel and Judy Wasylycia-Leis (9).

Also present: Jean-François Lafleur, Joint Clerk of the Committee (House of Commons); from the Parliamentary Research Branch of the Library of Parliament: François-R. Bernier, Senior Counsel; and Peter Bernhardt, Legal Counsel.

In attendance: The official reporters of the Senate.

The committee continued to examine its Order of Reference as set out in section 19 of the Statutory Instruments Act, R.S.C. (1985), Chapter. 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.

WITNESSES:

Department of Canadian Heritage:

René Bouchard, Director General, Broadcasting Policy and Innovation;

Jeff Richstone, General Counsel, Legal Services;

Ian Ironside, Manager, Distribution Systems, Broadcasting Distribution.

Respecting SOR/97-144 – Broadcasting Licence Fee Regulations, 1997,

Mr. Bouchard and Mr. Richstone gave a presentation and then answered questions.

At 9:41 a.m., the committee suspended its sitting.

At 9:43 a.m., the committee continued its meeting.

Still respecting SOR/97-144 – Broadcasting Licence Fee Regulations, 1997, it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

Respecting SOR/91-191 – By-law Amending the Quebec Harbour Dues By-law; SORS/94-768 – Harbour Dues Tariff By-law – amendment; it was agreed to consider these files closed.

With regard to the different rules of origin regulations set out in trade agreements (SOR/97-340; SOR/2004-298; SOR/95-382; SOR/2002-86; SOR/2005-8; SOR/2003-24; SOR/2002-27; SOR/97-63; SOR/2002-395), it was agreed to limit the committee’s consideration to an audit for compliance with the Statutory Instruments Act.

Respecting SOR/88-58 – Air Transportation Regulations, it was agreed that the Joint Chairmen would write to the Minister of Transport Canada to pass along some of the committee’s observations.

Respecting SOR/88-66 – Controlled Products Regulations, it was agreed that the Joint Chairmen would write to the Minister of Health Canada to pass along some of the committee’s observations.

Respecting SOR/85-686 – Pest Control Products Regulations – amendment, it was agreed that committee counsel would examine the file at a later date and keep the committee apprised of any action taken.

The committee considered the following statutory instruments without comment:

SI/2002-19 – Order Terminating the Assignment of the Honourable Ronald J. Duhamel and Assigning the Honourable Stephen Owen to Assist the Minister of Western Economic Diversification and the Minister of Indian Affairs and Northern Development;

SI/2002-20 – Order Terminating the Assignment of the Honourable Rey Pagtakhan and Assigning the Honourable David Kilgour to Assist the Minister of Foreign Affairs;

SI/2002-21 – Order Terminating the Assignment of the Honourable Martin Cauchon and Assigning the Honourable Claude Drouin to Assist the Minister of Industry;

SI/2002-22 – Order Terminating the Assignments of the Honourable David Kilgour and the Honourable Ronald J. Duhamel and Assigning the Honourable Denis Paradis to Assist the Minister of Foreign Affairs;

SI/2002-23 – Order Terminating the Assignment of the Honourable Hedy Fry and Assigning the Honourable Claudette Bradshaw to Assist the Minister of Canadian Heritage;

SI/2002-24 – Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-25 – Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-26 – Order Designating the Office of Infrastructure and Crown Corporations of Canada as a Department and the Executive Director and Deputy Head as the Deputy Head for Purposes of that Act;

SI/2002-27 – Order Transferring from the President of the Treasury Board to the Minister of State, Deputy Minister and Minister of Infrastructure and Crown Corporations the Control and Supervision of the Office of Infrastructure and Crown Corporations of Canada;

SI/2002-28 – Order Terminating the Assignment of the Honourable Gilbert Normand and Assigning the Honourable Maurizio Bevilacqua to Assist the Minister of Industry;

SI/2002-29 – Order Terminating the Assignment of the Honourable James Peterson and Assigning the Honourable John McCallum to Assist the Minister of Finance;

SI/2002-30 – Order Terminating the Assignment of the Honourable Denis Coderre and Assigning the Honourable Paul DeVillers to Assist the Minister of Canadian Heritage and the Leader of the Government in the House of Commons;

SI/2002-31 – Order Designating the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations as Appropriate Minister for the Canada Lands Company Limited;

SI/2002-32 – Order Transferring from the Minister of Public Works and Government Services to the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations the Control and Supervision of the Royal Canadian Mint and the Powers, Duties and Functions Under the Royal Canadian Mint Act;

SI/2002-33 – Order Terminating the Assignment of the Honourable Robert G. Thibault and Assigning the Honourable Gerry Byrne to Assist the Minister for the Atlantic Canada Opportunities Agency;

SI/2002-35 – Order Designating the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations as Appropriate Minister for Purposes of the Canada Mortgage and Housing Corporation Act and as Appropriate Minister with Respect to the Canada Mortgage and Housing Corporation for Purposes of the Financial Administration Act;

SI/2002-36 – Order Designating the Minister of State and Leader of the Government in the House of Commons as Minister for Purposes of the Canadian Wheat Board Act and as Appropriate Minister for the Canadian Wheat Board for Purposes of the Financial Administration Act;

SI/2002-37 – Order Designating the Minister of State and Leader of the Government in the House of Commons as Minister for Purposes of that Act;

SI/2002-38 – Order Designating the Minister of State and Leader of the Government in the House of Commons as Minister for Purposes of that Act;

SI/2002-39 – Order Designating the Minister of State and Leader of the Government in the House of Commons as Minister for Purposes of the Parliament of Canada Act;

SI/2002-41 – Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2001-678;

SI/2002-42 – Proclamation Concerning Her Majesty Queen Elizabeth II Golden Jubilee;

SI/2002-43 – Order Repealing Order in Council P.C. 1998-338 of March 12, 1998;

SI/2002-44 – Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-45 – Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-47 – Order Designating the Minister of State, Deputy Prime Minister and Minister of Infrastructure and Crown Corporations as Minister for Purposes of that Act;

SI/2002-48 – Order Transferring to the Office of Infrastructure and Crown Corporations of Canada the Control and Supervision of the Corporate Implementation Group;

SI/2002-49 – Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act;

SI/2002-50 – Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act;

SI/2002-51 – Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-52 – Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-53 – Order Amending the Order Designating the Office of Infrastructure and Crown Corporations of Canada as a Department and the Executive Director and Deputy Head as the Deputy Head for Purposes of that Act;

SI/2002-54 – Order Referring Back to the CRTC Decision CRTC 2001-757;

SI/2002-55 – Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2002-56 – Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2002-58 – Order Designating the Minister of Natural Resources as Minister for Purposes of that Act;

SI/2002-60 – Remission Order Concerning Interest Accruing on Certain Unemployment Insurance Overpayments;

SI/2002-61 – Gross Revenue Insurance Program Account for the Province of Alberta Remission Order;

SI/2002-62 – Gross Revenue Insurance Plan Account for the Province of Manitoba Remission Order;

SI/2002-63 – Order Fixing April 1, 2002 as the Date of the Coming into Force of the Canadian Air Transport Security Authority Act and Section 3 of the Budget Implementation Act, 2001;

SI/2002-64 – Proclamation Requesting that the People of Canada Set Aside April 9, 2002, as the Day on Which They Honour the Memory of Our Dearly Beloved Mother, Her Late Majesty Queen Elizabeth the Queen Mother, Who Passed Away on March 30, 2002;

SI/2002-65 – National Parks of Canada Land Rents Remission Order, No. 3;

SI/2002-66 – Remission Order Concerning Certain Employment Insurance Claimants;

SI/2002-122 – Order Fixing September 30, 2002, as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-1 – Willard Thorne Remission Order;

SI/2003-3 – Order Fixing January 1, 2003 as the Date of the Coming into Force of the Act;

SI/2003-4 – Proclamation giving notice that the Agreement on Social Security between Canada and Australia came into force on January 1, 2003;

SI/2003-5 – Proclamation giving notice that the Agreement on Social Security between Canada and the Czech Republic came into force on January 1, 2003;

SI/2003-6 – Proclamation giving notice that the Agreement on Social Security between Canada and the Republic of Slovenia came into force on January 1, 2003;

SI/2003-22 – Canadian Heritage Garden Foundation Remission Order;

SI/2003-30 – Merril McEvoy-Halston Remission Order;

SI/2003-31 – Certain Municipalities Remission Order;

SI/2003-32 – Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-377;

SI/2003-33 – La Caisse des Mutuellistes, Épargne et Crédit Remission Order;

SI/2003-36 – Order Respecting the Withdrawal from Disposal of Certain Subsurface Lands in the Northwest Territories;

SI/2003-37 – Nathalie Goyette Remission Order;

SI/2003-39 – Order Transferring to the Royal Canadian Mounted Police the Control and Supervision of the National Weapons Enforcement Support Team (NWEST);

SI/2003-42 – Proclamation Giving Notice that the Agreement on Social Security between Canada and Sweden Comes into Force on April 1, 2003;

SI/2003-44 – Order Fixing March 21, 2003 as the Date of Coming into Force of Certain Sections of the Act;

SI/2003-45 – Order Fixing April 1, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-46 – Order Amending the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order;

SI/2003-47 – Order Fixing the Dates of the Coming into Force of Certain Sections of the Act;

SI/2003-48 – Order Fixing April 1, 2003 as the Date of the Coming into Force of Certain Sections of the Act;

SI/2003-54 – Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-55 – Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-56 – Order Amending the Access to Information Act Heads of Government Institutions Designation Order;

SI/2003-57 – Order Amending the Privacy Act Heads of Government Institutions Designation Order;

SI/2003-58 – Canada Gazette Publication Order;

SI/2003-93 – Order Authorizing the Minister of the Environment to Exercise, with the Concurrence of the Minister of National Defence, the Administration of Certain Public Lands;

At 10:18 a.m., the committee adjourned to the call of the Joint Chair.

ATTEST:

François Michaud

Joint Clerk of the Committee (Senate)