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MINUTES OF PROCEEDINGS

Meeting No. 55

Monday, June 4, 2007

The Standing Committee on Transport, Infrastructure and Communities met at 3:32 p.m. this day, in Room 371, West Block, the Chair, Merv Tweed, presiding.

Members of the Committee present: Hon. Mauril Bélanger, Don H. Bell, Robert Carrier, Ed Fast, Brian Jean, Peter Julian, Mario Laframboise, Brian Storseth, Merv Tweed, Hon. Joseph Volpe, Jeff Watson and Paul Zed.

Acting Members present: Hon. Larry Bagnell for Paul Zed.

In attendance: Library of Parliament: John Christopher, Analyst ; Allison Padova, Analyst . House of Commons: Joann Garbig, Legislative Clerk.

Witnesses: Department of Transport: Merlin Preuss, Director General, Civil Aviation; Franz Reinhardt, Director, Regulatory Services, Civil Aviation; Susan Stanfield, Legal Counsel. Department of National Defence: Jacques Laplante, Director, Flight Safety 2; Alex Weatherston, Counsel, Legal Services.

Pursuant to the Order of Reference of Tuesday, November 7, 2006, the Committee resumed consideration of Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.

The Committee resumed its clause-by-clause study of the Bill.

The witnesses answered questions.

The Committee resumed consideration of the amendment of Brian Jean, — That Bill C-6, in Clause 12, be amended by replacing lines 28 to 38 on page 10 with the following:

5.31 (1) The Minister of Transport may designate, to exercise or perform any of the powers, duties and functions set out in subsection (2), one or more organizations whose activities relate to aeronautics and that meet the following conditions:

(a) an aeronautical safety study has been carried out in respect of the organization and the results of the study show, in that Minister’s opinion, that the organization’s particular activities in respect of which it would be able to exercise the powers, duties and functions to be set out in the certificate of designation referred to in subsection (1.1) do not involve high risks in relation to aviation safety and security;

(b) the organization’s activities do not include the scheduled air transportation of fare-paying passengers; and

(1.1) The Minister of Transport shall give a designated organization a certificate of designation setting out its powers, duties and functions and the terms and conditions under which they may be exercised or performed.

It was agreed, — That the amendment be amended

(a) by replacing the words “do not involve high risks” with the words “represent a low level of risk”;

(b) by deleting the word “scheduled”.

The question was put on the amendment of Brian Jean, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Mario Laframboise moved, — That Bill C-6, in Clause 12, be amended by adding after line 38 on page 10 the following:

“(1.1) The Minister of Transport shall cause to be laid before each House of Parliament, not later than March 31 in each year or, if that House is not then sitting, on any of the first 30 days next thereafter that the House is sitting, a list of the organizations designated under subsection (1).”

After debate, the question was put on the amendment of Mario Laframboise and it was agreed to.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by replacing line 29 on page 11 with the following:

“prescribed by regulation, subject to the Canada Labour Code, the Transportation of Dangerous Goods Act, 1992 and the Canadian Transportation Accident Investigation and Safety Board Act. ”

By unanimous consent, the amendment was allowed to stand.

Mario Laframboise moved, — That Bill C-6, in Clause 12, be amended by adding after line 11 on page 14 the following:

“REVIEW

5.381 (1) On the expiration of three years after their coming into force, sections 5.31 to 5.38 shall be referred to the committee of each House of Parliament that normally considers matters relating to air transport.

(2) Each committee referred to in subsection (1) shall, as soon as practicable, undertake a comprehensive review of sections 5.31 to 5.38 and their operation and shall, within six months after the review is undertaken, submit a report to Parliament thereon, including such recommendations pertaining to the continuation of those sections and changes required therein as the committee may wish to make.”

After debate, the question was put on the amendment of Mario Laframboise and it was agreed to.

Brian Jean moved, — That Bill C-6, in Clause 12, be amended by adding after line 29 on page 11 the following:

“(7) The Minister of Transport shall maintain a program for the oversight and surveillance of the aeronautical activities of holders of certificates of designation issued pursuant to subsection (1.1).”

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Brian Jean moved, — That Bill C-6, in Clause 12, be amended

(a) by replacing line 39 on page 10 with the following:

“(2) Subject to paragraph (8), a designated organization may exercise”

(b) by adding after line 29 on page 11 the following:

“(8) The standards and rules established by a holder of a certificate of designation pursuant to subsection (2) shall be reviewed and approved by the Minister of Transport before being published in accordance with subsection 5.36(2).”

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Brian Jean moved, — That Bill C-6, in Clause 12, be amended by adding after line 26 on page 14 the following:

5.3901 The Minister of Transport shall carry out inspections of the aeronautical activities of holders of Canadian aviation documents who are required to have a management system.

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Mario Laframboise moved, — That Bill C-6, in Clause 12, be amended by deleting line 38 on page 14 to line 24 on page 15.

Debate arose thereon.

At 4:54 p.m., the sitting was suspended.

At 4:58 p.m., the sitting resumed.

The Committee resumed consideration of the amendment of Mario Laframboise, — That Bill C-6, in Clause 12, be amended by deleting line 38 on page 14 to line 24 on page 15.

By unanimous consent, the amendment was withdrawn.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by adding after line 17 on page 15 the following:

“(d) the information is required to be disclosed under an Act of Parliament.”

Debate arose thereon.

By unanimous consent, on motion of Mauril Bélanger, it was agreed - That the Committee stand the following two (2) amendments:

That Bill C-6, in Clause 12, be amended by adding after line 17 on page 15 the following:

“(d) the information is required to be disclosed under an Act of Parliament.”

That Bill C-6, in Clause 12, be amended by replacing line 21 on page 15 with the following:

“ings, against the”

and that the Committee proceed with the following amendment:

That Bill C-6, in Clause 12, be amended by adding after line 24 on page 15 the following:

“(3) The holder of a Canadian aviation document shall not use information disclosed under a process referred to in subsection (1) in the taking of any disciplinary proceedings against the employee who disclosed the information, except in accordance with any conditions that are established under the management system of the document holder and that relate to the disclosure of any thing or circumstance that could present a risk to the safety of aeronautical activities.

(4) The holder of a Canadian aviation document shall not take any reprisal, including any measure that adversely affects the employee’s employment or working conditions, against any employee of the holder for the reason only that the employee disclosed in good faith under a process referred to in subsection (1) information regarding alleged actions or omissions of another person.”

Brian Jean moved, — That Bill C-6, in Clause 12, be amended by adding after line 24 on page 15 the following:

(3) The holder of a Canadian aviation document shall not use information disclosed under a process referred to in subsection (1) in the taking of any disciplinary proceedings against the employee who disclosed the information, except in accordance with any conditions that are established under the management system of the document holder and that relate to the disclosure of any thing or circumstance that could present a risk to the safety of aeronautical activities.

Debate arose thereon.

At 6:27 p.m., the Committee adjourned to the call of the Chair.

Mark D'Amore
Clerk of the Committee

2007/06/06 1:13 p.m.