TRAN Committee Meeting

The Standing Committee on Transport, Infrastructure and Communities met at 3:49 p.m. this day, in Room 308, West Block, the Chair, Merv Tweed, presiding.

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

On Clause 29,

(a) by replacing the heading before line 32 and lines 32 to 34 on page 18 with the following:

“Noise, Vibrations and Fumes

95.1 A railway company must minimize any nuisance, including those caused by the noise, vibrations and fumes associated with the construction or operation of a railway, taking into account”

(b) by replacing lines 7 and 8 on page 19 with the following:

“(b) the collaborative resolution of complaints relating to any nuisance, including those caused by the noise, vibrations and fumes associated with the construction or”

(c) by replacing lines 20 and 21 on page 19 with the following:

“that the Agency considers reasonable to minimize any nuisance, including those caused by noise, vibrations or fumes, taking into account the”

RULING BY THE CHAIR

Clause 29 creates a new section in the Canada Transportation Act concerning limitations imposed on operators of railway companies relating to unreasonable noise resulting from the construction or operation of a railway. This amendment proposes to also include limitations on operators with regard to vibrations and fumes resulting from the construction or operation of a railway. Bill C-11 does not address any issues relating to vibrations or fumes.

As House of Commons Procedure and Practice states on page 654:

‘An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.’

In the opinion of the Chair, the introduction of limitations relating to fumes associated with the construction or operation of a railway in this amendment is a new concept that is beyond the scope of Bill C-11 and is therefore inadmissible.

“way, a railway company, must cause as little noise and or vibration as possible, taking into account”

(b) by adding after line 39 on page 18 the following:

“(d) the potential impact on persons residing in properties adjacent to the railway.”

(c) by replacing line 1 on page 19 with the following:

“95.2 (1) The Agency shall issue and publish,”

(d) by replacing line 11 on page 19 with the following:

“parties, including municipal governments, before issuing any guidelines.”

Debate arose thereon.

A point of order was raised regarding the process of debate.

The Chair ruled that unanimous consent was required to stand an amendment.

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned, by a show of hands: YEAS: 4; NAYS: 7.

On motion of Peter Julian, it was agreed on division, — That the amendment of Brian Jean be allowed to stand.

At 5:06 p.m., the sitting was suspended.

At 5:19 p.m., the sitting resumed.

“way, a railway company, must cause as little noise and or vibration as possible, taking into account”

(b) by adding after line 39 on page 18 the following:

“(d) the potential impact on persons residing in properties adjacent to the railway.”

(c) by replacing line 1 on page 19 with the following:

“95.2 (1) The Agency shall issue and publish,”

(d) by replacing line 11 on page 19 with the following:

“parties, including municipal governments, before issuing any guidelines.”

The debate continued.

Don H. Bell moved, — That the amendment be amended by

(a) adding after subsection (c) the following:

“(c.1) replacing line 8 on page 19 with the following:

“and or vibration complaints relating to the construction or””

(b) adding after subsection (d) the following:

“(e) replacing line 20 and 21 on page 19 with the following:

“that the Agency considers reasonable to cause as little noise or vibration as possible, taking into account”

(f) replacing line 27 on page 19 with the following:

“the noise or vibration complained of before it conducts any ””

After debate, the question was put on the subamendment of Don H. Bell and it was agreed to.

Peter Julian moved, — That the amendment be amended by adding after the words “adjacent to the railway.” the following:

“95.11 Where a railway line is situated within 300 metres of high-density residential housing, a railway company must not shunt, couple or decouple railway cars or leave an engine with its motor idling except between the hours of 9:00 a.m. and 5:00 p.m. Monday to Friday, excluding statutory holidays, unless authorized to do so by the Minister on a temporary basis during a national emergency, as defined in section 3 of the Emergencies Act.”

Debate arose thereon.

The question was put on the subamendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

After debate, the question was put on the amendment of Brian Jean, as amended, and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

Clause 29, as amended, carried by a show of hands: YEAS: 8; NAYS: 1.

On Clause 39,

(a) by replacing lines 40 and 41 on page 23 with the following:

“the governments, transit agencies or similar bodies mentioned in this section for not more than its”

(b) by replacing lines 21 and 22 on page 24 with the following:

“(c) to the chairperson of every transit agency or similar body through whose territory the railway”

(c) by replacing line 37 on page 24 with the following:

“(b.1) by a transit agency or similar body, it may”

The debate continued.

By unanimous consent, the amendment was withdrawn.

Clause 39 carried.

On Clause 28,

“provincial, municipal or district government that provides commuter services.”

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

Clause 28, as amended, carried.

On Clause 42,

“that it plans to dismantle, except for sidings and spurs”

The debate continued.

By unanimous consent, the amendment was withdrawn.

(a) by replacing line 22 on page 26 with the following:

“metropolitan areas or within the territory served by any urban transit authority, except for sidings and spurs”

(b) by replacing line 4 on page 29 with the following:

“areas or within the territory served by any urban transit authority and in respect of which the sidings and”

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

Clause 42, as amended, carried.

Clause 49 carried.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-11, as amended, be reprinted for the use of the House at report stage.

At 6:20 p.m., the Committee adjourned to the call of the Chair.