C-17 Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 17

Tuesday, April 8, 2003

The Legislative Committee on Bill C-17 met in a televised session at 4:06 p.m. this day, in Room 253-D, Centre Block, the Chair, Bob Kilger, presiding.

Members of the Committee present: Sarkis Assadourian, Garry Breitkreuz, Bev Desjarlais, Marlene Jennings, Bob Kilger, Mario Laframboise, Gary Lunn, Steve Mahoney, James Moore, Beth Phinney, Marcel Proulx, Karen Redman, Andy Savoy.

In attendance:  From the Library of Parliament:  Margaret Young, Analyst.  From the Committees Directorate:  Susan Baldwin, Legislative Clerk.

Witnesses:  From the Department of Transport: John A. Read, Director General, Safety and Security Group; Sherill Besser, Senior Counsel. From the Department of the Solicitor General: Marian Harymann, Acting Director, Policing Policy Division; Christian Roy, Legal Counsel.

The Committee proceeded to clause-by-clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

On Clause 2,

Mario Laframboise moved, -- That Bill C-17, in Clause 2, be amended by replacing line 4 on page 2 with the following:

“made under section 4.76;”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 4, NAYS 7.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they are also negatived.

-- That Bill C-17, in Clause 5, be amended by deleting lines 8 to 14 on page 8.

-- That Bill C-17, in Clause 5, be amended by replacing line 18 on page 8 with the following:

“the Minister who made it repeals”

Bev Desjarlais moved, -- That Bill C-17, in Clause 2, be amended by adding after line 4 on page 2 the following:

““Parliamentary Review Committee” means the committee referred to in subsection 4.741(2);”

The Chair ruled that the amendment  was inadmissible as the creation of committees should be done by amending the Standing Orders and not by statute, and ruled that the following amendment was consequential to this amendment and therefore it is also inadmissible.

-- That Bill C-17, in Clause 5, be amended by adding after line 19 on page 7 the following:

“4.741 (1) Every security measure made under section 4.72 or 4.73 shall, within two days after it is made, be referred for review to a committee of both Houses of Parliament designated or established for that purpose.

(2) The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of twelve or more persons in that House and at least one senator from each party in the Senate that is represented on the committee by a member of the House of Commons.

(3) Every member of the Parliamentary Review Committee and every person employed in the work of the Committee shall take the following oath of secrecy:

I, ................, swear (or solemnly affirm) that I will not, without due authority, disclose or make known to any person any document or information acquired by me by reason of the duties performed by me on behalf of or under the direction of the Parliamentary Review Committee established under the Aeronautics Act.

(4) Every meeting of the Parliamentary Review Committee held to consider a security measure referred to it in accordance with subsection (1) shall be held in private.

(5) If, within 30 days after a security measure is referred to the Parliamentary Review Committee under subsection (1), the Committee adopts a motion that the security measure be revoked or amended, the security measure is revoked or amended in accordance with the motion, effective on the day specified in the motion, which day may not be earlier than the day on which the motion is adopted.

(6) If the Parliamentary Review Committee adopts a motion under subsection (5), it shall make a report to each House of Parliament providing the particulars of the motion within three sitting days after the motion is adopted.”

Steve Mahoney moved, -- That Bill C-17, in Clause 2, be amended by adding after line 4 on page 2 the following:

"interim order" means an interim order made under subsection 6.41(1) or (1.1);

After debate, the question being put on the amendment, it was adopted by a show of hands: YEAS 7, NAYS 2.

The Chair ruled that the following four (4) amendments were consequential to the previous amendment and therefore they are also adopted.

-- That Bill C-17, in Clause 5, be amended by replacing lines 20 and 21 on page 3 with the following:

curity regulations, security measures, emergency directions or interim orders.

-- That Bill C-17, in Clause 7, be amended by

(a) replacing line 21 on page 17 with the following:

security measure, an emergency direction or an interim order

(b) replacing line 28 on page 17 with the following:

sure, emergency direction or interim order, as the case may

(c) replacing line 40 on page 17 with the following:

security measure, an emergency direction or an interim order

(d) replacing line 3 on page 18 with the following:

rity measure, emergency direction or interim order, as the

(e) replacing line 6 on page 18 with the following:

security measure, an emergency direction or an interim order

(f) replacing line 11 on page 18 with the following:

security measure, emergency direction or interim order, as

(g) replacing lines 17 and 18 on page 18 with the following:

aviation security regulation, security measure, emergency direction or interim order, as the case may be.

That Bill C-17, in Clause 7, be amended by

(a) replacing lines 26 and 27 on page 18 with the following:

lations, security measures, emergency directions or interim orders, or to test the effectiveness of

(b) replacing lines 35 and 36 on page 18 with the following:

security regulation, a security measure, an emergency direction or an interim order.

That Bill C-17, in Clause 24, be amended by

(a) replacing lines 31 and 32 on page 28 with the following:

curity regulations, security measures, emergency directions or interim orders made under the Aero-

(b) replacing lines 40 and 41 on page 28 with the following:

curity regulations, security measures, emergency directions or interim orders made under the Aero-

Mario Laframboise moved, -- That Bill C-17, in Clause 2, be amended by replacing line 10 on page 2 with the following:

“under subsection 4.72(1);”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 2, NAYS 7.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it is also negatived.

-- That Bill C-17, in Clause 5, be amended by deleting lines 23 to 42 on page 6 and lines 1 to 12 on page 7.

Steve Mahoney moved, -- That Bill C-17, in Clause 2, be amended by replacing lines 17 to 19 on page 2 with the following:

(b) a restricted area pass that is issued by the Minister in

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

Clause 2, as amended, carried.

On Clause 3,

Mario Laframboise moved, -- That Bill C-17, in Clause 3, be amended by deleting lines 35 to 39 on page 2.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 2, NAYS 7.

Bev Desjarlais moved, -- That Bill C-17, in Clause 3, be amended by replacing line 36 on page 2 with the following:

“may authorize the Deputy Minister of Transport or the Assistant Deputy Minister for the Safety and Security Group of the Department of Transport”

Marlene Jennings moved, -- That the following motion adopted on Tuesday, March 25, 2003, be rescinded:  That, not withstanding the motion respecting the submission of amendments to the Bill adopted on Tuesday, November 26, 2002, amendments to the Bill be submitted to the Clerk of the Committee by Wednesday, April 2, 2003

The question being put on the motion, it was agreed to by a show of hands:  YEAS 7, NAYS 2.

The Committee stood the amendment and proceeded to Clause 5.

Steve Mahoney moved, -- That Bill C-17, in Clause 5, be amended by:

(a) replacing lines 23 to 28 on page 6 with the following:

4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are

(b) replacing lines 33 on page 6 with the following:

(2) The Minister's deputy may only make a security

(c) replacing lines 10 and 11 on page 7 with the following:

it is made unless the Minister or his or her deputy repeals it before the expiry of the

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

The Committee reverted to the amendment stood on Clause 3.

By unanimous consent, the amendment was withdrawn.

Bev Desjarlais moved, -- That Bill C-17, in Clause 3, be amended by adding after line 39 on page 2 the following:

“(1.2) For greater certainty, any powers, duties or functions authorized to be exercised or performed by any person or class of persons in accordance with subsection (1) shall be exercised or performed in accordance with the Canadian Charter of Rights and Freedoms and, in particular, sections 7 and 15 thereof.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 1, NAYS 7.

Clause 3 carried on division.

On Clause 4,

Mario Laframboise moved, -- That Bill C-17, in Clause 4, be amended by replacing line 6 on page 3 with the following:

“is carried out by the Minister;”

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

Clause 4, as amended, carried.

On Clause 5,

Bev Desjarlais moved, -- That Bill C-17, in Clause 5, be amended by adding after line 19 on page 7 the following:

“4.741 For greater certainty, any measures made under section 4.72 or 4.73 are subject to the operation of the Canadian Charter of Rights and Freedoms and, in particular, sections 7 to 12 thereof.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 2, NAYS 8.

Mario Laframboise moved, -- That Bill C-17, in Clause 5, be amended by replacing line 3 on page 9 with the following:

“the security measure and give the Minister and every other party to the proceedings a”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 2, NAYS 6.

Mario Laframboise moved, -- That Bill C-17, in Clause 5, be amended by replacing line 21 on page 9 with the following:

“4.81 (0.1) The following definition applies in this section and in section 4.82.

“transportation security” means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,

(a) loss of life or personal injury;

(b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or

(c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure.

(1)    The Minister, or any officer of the”

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

The Chair ruled that the following amendment was consequential to the previous one and therefore it is also adopted.

-- That Bill C-17, in Clause 5, be amended by deleting lines 34 to 42 on page 11 and lines 1 to 7 on page 12.

By unanimous consent, Mario Laframboise moved, -- That Bill C-17, in Clause 5, be amended by replacing lines 30 to 33 on page 15 with the following:

“(4) or (5), any such information obtained under subsection (6), and any information disclosed under paragraph 4.81(3)(d), must be destroyed within twenty-four hours after the landing of the aircraft in respect of which the information is provided, obtained or disclosed, unless it is reasonably required for”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS 2, NAYS 9.

At 5:33 p.m., the Committee adjourned to the call of the Chair.

Jean-Michel Roy

Clerk of the Committee