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Proceedings of the Standing Joint Committee for the 
Scrutiny of Regulations

Issue No. 35 - Minutes of Proceedings - May 3, 2018

OTTAWA, Thursday, May 3, 2018


The Standing Joint Committee for the Scrutiny of Regulations met this day at 8:32 a.m., in room 256-S, Centre Block, the joint chairs, the Honourable Joseph A. Day and Mr. Harold Albrecht, presiding.

Representing the Senate: The Honourable Senators Day and Woo (2).

Representing the House of Commons: Harold Albrecht, Vance Badawey, Bob Benzen, Nicola Di lorio, Kerry Diotte, Pierre-Luc Dusseault, Ali Ehsassi, Fayçal El-Khoury, John Oliver, Francis Scarpaleggia, Bev Shipley and Jati Sidhu (12).

In attendance: Christine Holke, Joint Clerk of the Committee (House of Commons), Evelyne Borkowski-Parent, General Counsel, Cynthia Kirkby, Counsel, and Shawn Abel, Counsel, Parliamentary Information and Research Service, Library of Parliament.

Also present: The official reporters of the Senate.

The committee continued its review in accordance with the permanent order of reference as set out in section 19 of the Statutory Instruments Act, R.S.C., 1985, c. S-22, which provides for the following:

Every statutory instrument used, 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. Shipley moved:

That the committee meet in camera and that, notwithstanding usual practice, committee assistants be allowed to remain in the room;

That the committee allow the transcription of today's in camera meeting and that one copy be kept in the office of the general counsel for consultation by committee members.

The question being put on the motion, it was adopted.

At 8:34 a.m., the committee suspended.

At 8:34 a.m., the committee resumed in camera.

In the matter of C.R.C. c. 1551 — Textile Labelling and Advertising Regulations, it was agreed that this point be included in the appearance by Justice Canada on May 24, 2018.

In the matter of the framework for the operation of the Secretariat of the Standing Joint Committee for the Scrutiny of Regulations, it was agreed that the joint chairs would meet with the Speaker of the Senate and the Speaker of the House of Commons to provide them with certain comments from the committee.

It was agreed that Peter Bernhardt be invited to appear before the committee.

In the matter of the survey on the powers and practices of Commonwealth scrutiny of regulations committees (SF2018-1), it was moved that counsel correspond with the federal ministers to inquire as to which address correspondence intended for them should be sent.

The question being put on the motion, it was defeated.

It was agreed that correspondence intended for federal ministers be sent to their parliamentary and ministerial offices.

At 9:46 a.m., the committee suspended.

At 9:47 a.m., the committee resumed in public.

In the matter of SOR/2014-158 — Regulations Amending the Food and Drug Regulations (Labelling, Packaging and Brand Names of Drugs for Human Use), it was agreed that committee counsel would correspond with the Designated Instruments Officer in the Department of Health with respect to certain comments by the committee.

The committee considered the following files:

SOR/2017-52 — Regulations Amending the Timber Regulations, 1993;

SOR/2002-145 — Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act);

SOR/2002-148 — Regulations Designating Persons and Categories of Persons — Other Than Travellers Destined for the United States — Who May Enter a Preclearance Area;

SOR/2014-295 — Regulations Amending the Contraventions Regulations;

SOR/2016-49 — Prince Edward Island Potato Marketing Levies Order / SOR 2017-238 — Order Amending the Prince Edward Island Potato Marketing Levies Order;

SOR/2017-139 — Order Amending the Export Control List;

SOR/2017-223 — Emergency Order Amending the Emergency Order for the Protection of the Greater Sage-Grouse (Miscellaneous Program).

The committee considered SOR/2017-284 — Regulations Amending the Application of Provincial Laws Regulations (Miscellaneous Program).

The committee considered the following files:

SOR/2017-290 — Regulations Amending the Canadian Egg Marketing Agency Quota Regulations, 1986;

SOR/2018-19 — Regulations Amending the Contraventions Regulations;

SOR/2018-38 — Regulations Amending the Access to Information Regulations;

SOR/2018-39 — Regulations Amending the Privacy Regulations.

At 10:15 a.m., the committee adjourned to the call of the chair.


François Michaud
Clerk of the Committee (Senate)