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MINUTES OF PROCEEDINGS

Meeting No. 8

Thursday, June 8, 2006

The Standing Committee on Transport, Infrastructure and Communities met at 11:07 a.m. this day, in Room 371, West Block, the Chair, Merv Tweed, presiding.

Members of the Committee present: Don H. Bell, Steven Blaney, Robert Carrier, Ed Fast, Hon. Charles Hubbard, Brian Jean, Mario Laframboise, Hon. Andy Scott, Brian Storseth, Hon. Belinda Stronach and Merv Tweed.

Acting Members present: Brian Masse for Peter Julian.

In attendance: Parliamentary Information and Research Service: John Christopher, Analyst ; Allison Padova, Analyst . House of Commons: Wayne Cole, Legislative Clerk.

Witnesses: Department of Transport: Éric Harvey, Legal Counsel, Legal Services; Brian Hicks, Director, Bridge Policy & Programs; Evelyn Marcoux, Director General, Surface Infrastructure Programs; Helena Borges, Director General, Special Projects, Policy Group.

Pursuant to the Order of Reference of Monday, May 1, 2006, the Committee resumed consideration of Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act.

The witnesses answered questions.

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

It was agreed, — That the decision to adopt Clause 15 as amended be rescinded.

On Clause 15,

Brian Jean moved, — That Bill C-3, in Clause 15, be amended by adding after line 25 on page 7 the following:

“(2) Before recommending that a regulation be made under subsection (1), the Minister may consult with the government of each province and municipality in which an international bridge or tunnel is situated and any person who, in the opinion of the Minister, has a direct interest in the matter.”

By unanimous consent, Clause 15 was allowed to stand.

On Clause 16,

Brian Masse moved, — That Bill C-3, in Clause 16, be amended by replacing line 33 on page 7 with the following:

“and implement security plans concerning, but not limited to, the transport of hazardous materials, and establish”

Debate arose thereon.

By unanimous consent, Clause 16 was allowed to stand.

Clause 17 carried.

On Clause 18,

Brian Masse moved, — That Bill C-3, in Clause 18, be amended by replacing lines 16 to 20 on page 8 with the following:

“of the Department of Transport or any designated person to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 17 whenever the officer or person is of the opinion that there is a threat”

After debate, by unanimous consent, the amendment was withdrawn.

Clause 18 carried.

Clause 19 carried.

Clause 20 carried.

Clause 21 carried.

Clause 22 carried.

On Clause 23,

Don H. Bell moved, — That Bill C-3, in Clause 23, be amended by adding after line 30 on page 9 the following:

“(1.1) The Governor in Council shall, for the purpose of giving the approval referred to in subsection (1), take into consideration only the following factors:

(a) the safety and security of the public;

(b) the criminal record, if any, of the person; and

(c) the financial resources of the person and the capacity of the person to manage and operate the international bridge or tunnel.”

After debate, the question was put on the amendment of Don H. Bell and it was negatived.

Clause 23 carried.

Clauses 24 to 31 inclusive carried severally.

On Clause 32,

Brian Masse moved, — That Bill C-3, in Clause 32, be amended by adding after line 40 on page 14 the following:

“32(5) For greater certainty, despite the provisions of any letters patent of a corporation established under this Act, where Parliament has authorized in an Act referenced in the Schedule a particular mode of transportation use for an international bridge or tunnel, that mode of use cannot be changed by a corporation except upon application pursuant to s. 8 of this Act.”

After debate, by unanimous consent, the amendment was withdrawn.

Clauses 32 to 37 inclusive carried severally.

On Clause 38

On motion of Brian Jean, it was agreed, — That Bill C-3, in Clause 38, be amended by replacing lines 3 to 5 on page 16 with the following:

of the Minister or a person designated by the Minister under subsection 39(1).

Clause 38, as amended, carried.

Clauses 39 to 42 inclusive carried severally.

On Clause 43,

Brian Jean moved, — That Bill C-3, in Clause 43, be amended by replacing line 22 on page 19 with the following:

(ii) any order made under section 9, 13, 15.1 or

By unanimous consent, Clause 43 was allowed to stand.

Clause 44 carried.

Clause 45 carried.

On Clause 46

On motion of Brian Jean, it was agreed, — That Bill C-3, in Clause 46, be amended by replacing lines 12 to 15 on page 20 with the following:

46. If a person designated by the Minister under subsection 39(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person

Clause 46, as amended, carried.

Clauses 47 to 60 inclusive carried severally.

Schedule 1 carried.

At 12:18 p.m., the sitting was suspended.

At 12:34 p.m., the sitting resumed.

The Committee reverted to Clause 15 previously stood.

The Committee resumed consideration of the amendment of Brian Jean, — That Bill C-3, in Clause 15, be amended by adding after line 25 on page 7 the following:

Brian Masse moved, — That the amendment be amended after the words ... “subsection (1) the Minister” by replacing the word “may” by the word “shall” and adding the words, “if in his opinion such is necessary having regard to all the circumstances” and by replacing the words “government of each province and municipality” by the words “other levels of government”.

After debate, the question was put on the subamendment of Brian Masse and it was agreed to.

The question was put on the amendment of Brian Jean, as amended, and it was agreed to.

Clause 15, as amended, carried.

The Committee resumed consideration of the amendment of Brian Jean, — That Bill C-3 be amended by adding after line 25 on page 7 the following new clause:

15.1 If the Minister is of the opinion that a change in the tolls, fees or other charges for the use of an international bridge or tunnel is resulting in adverse effects on the flow of traffic, the Minister may, with the approval of the Governor in Council, order the owner or operator of the bridge or tunnel to impose the tolls, fees or other charges that, in the opinion of the Minister, would not result in adverse effects on the flow of traffic. Before ordering an owner or operator to impose specified tolls, fees or other charges, the Minister shall consult with the owner or operator concerning the impact that those tolls, fees or other charges could have on their financial situation.

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

The Committee reverted to Clause 43 previously stood.

On motion of Brian Jean, it was agreed, — That Bill C-3, in Clause 43, be amended by replacing line 22 on page 19 with the following:

(ii) any order made under section 9, 13, 15.1 or

Clause 43, as amended, carried.

The Committee reverted to Clause 16 previously stood.

After debate, by unanimous consent, the amendment was withdrawn.

Clause 16 carried.

The Short Title carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill,as amended, to the House.

At 12:55 p.m., the Committee adjourned to the call of the Chair.

Georges Etoka
Clerk of the Committee

2006/06/09 2:24 p.m.