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MINUTES OF PROCEEDINGS

Meeting No. 15

Tuesday, March 4, 2014

The Standing Committee on Transport, Infrastructure and Communities met at 8:44 a.m. this day, in Room 306, La Promenade Building, the Chair, Larry Miller, presiding.

Members of the Committee present: Peter Braid, Ed Komarnicki, Hoang Mai, David J. McGuinty, Larry Miller, Mike Sullivan, Lawrence Toet, Jeff Watson and Wai Young.

Acting Members present: Randy Hoback for Wai Young and Élaine Michaud for Olivia Chow.

Other Members present: Elizabeth May.

In attendance: House of Commons: Philippe Méla, Legislative Clerk ; Justin Vaive, Legislative Clerk.

Witnesses: Department of National Defence: Jim Armour, Senior Investigator; Alex Weatherston, Counsel, Office of the Legal Advisor. Department of Transport: David Reble, Manager and Senior Policy Advisor; John Thachet, Legal Counsel; Daniel Haché, Director, International Marine Policy & Liability; Joel Fryer, Policy and Economic Officer, International Marine Policy & Liability; Ryan Coates, Senior Aviation Safety Policy Analyst, Policy and Regulatory Services; Gillian Grant, Team Leader and Senior Counsel, Maritime Law; Sylvie Halde, Legal Counsel; Dave Dawson, Director, Airports and Air Navigation Services Policy; Sylvain Lachance, Executive Director, Legislative, Regulatory & International Affairs.

Pursuant to the Order of Reference of Thursday, December 10, 2013, the Committee resumed consideration of Bill C-3, An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts.

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

John Thachet, David Reble, Dave Dawson, Alex Weatherston, Jim Armour and Sylvain Lachance answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

By unanimous consent, Clauses 2 to 14 inclusive carried severally.

After debate, Clause 15 carried.

By unanimous consent, Clauses 16 to 18 inclusive carried severally.

On Clause 19,

Hoang Mai moved, — That Bill C-3, in Clause 19, be amended by adding after line 19 on page 19 the following:

“(1.1) The Minister shall, immediately after receiving the report referred to in subsection (1), publish the report.”

After debate, the question was put on the amendment of Hoang Mai and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Hoang Mai moved, — That Bill C-3, in Clause 19, be amended by replacing lines 16 to 31 on page 21 with the following:

“19. The Authority shall publish an interim report on the progress and findings of an investigation.”

After debate, the question was put on the amendment of Hoang Mai and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 19 carried.

By unanimous consent, Clauses 20 to 22 inclusive carried severally.

On Clause 23,

Hoang Mai moved, — That Bill C-3, in Clause 23, be amended by replacing line 2 on page 33 with the following:

“ensure that the”

After debate, the question was put on the amendment of Hoang Mai and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 23 carried.

By unanimous consent, Clauses 24 to 41 inclusive carried severally.

On Clause 42,

Hoang Mai moved, — That Bill C-3, in Clause 42, be amended by replacing lines 19 and 20 on page 46 with the following:

“rise to the liability of an owner of a ship — except in relation to damage as”

After debate, the question was put on the amendment of Hoang Mai and it was negatived, by a show of hands: YEAS: 3; NAYS: 4.

Clause 42 carried.

On Clause 43,

Hoang Mai moved, — That Bill C-3, in Clause 43, be amended by replacing lines 14 to 21 on page 47 with the following:

“tion, a person who has suffered actual or anticipated loss or damage or incurred costs or expenses referred to in section 51, 71, 74.24 or 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention may, in addition to any right the person”

The question was put on the amendment of Hoang Mai and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 43 carried.

By unanimous consent, Clauses 44 and 45 carried severally.

On Clause 46,

Hoang Mai moved, — That Bill C-3, in Clause 46, be amended by replacing line 40 on page 48 with the following:

“referred to in section 51, 71,”

The question was put on the amendment of Hoang Mai and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 46 carried.

By unanimous consent, Clauses 47 to 49 inclusive carried severally.

On Clause 50,

Hoang Mai moved, — That Bill C-3, in Clause 50, be amended

(a) by replacing lines 22 to 25 on page 50 with the following:

“(1.01) The Administrator shall direct payments to”

(b) by replacing lines 21 to 24 on page 51 with the following:

“subsection 74.4(4) that is necessary to enable the Minister to”

“tion, the information referred to in that Article.”

The question was put on the amendment of Hoang Mai and it was negatived on the following recorded division: YEAS: Hoang Mai, David J. McGuinty, Élaine Michaud, Mike Sullivan — 4; NAYS: Peter Braid, Ed Komarnicki, Lawrence Toet, Jeff Watson, Wai Young — 5.

Clause 50 carried.

By unanimous consent, Clauses 51 to 59 inclusive carried severally.

On Clause 60,

Pursuant to the order adopted by the Committee on Wednesday, October 30, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-3, in Clause 60, be amended

(a) by replacing line 29 on page 55 with the following:

“requirements set out in the regulations and the Minister has considered the public concerns in relation to those plans.”

(b) by adding after line 29 on page 55 the following:

“(4) The Minister shall publish, in the Canada Gazette and on the Internet site of the Department of Transport, any oil pollution prevention plan or oil pollution emergency plan submitted by a person under subsection (1), in order to facilitate public access in respect of those plans.

(5) The Minister shall consult with the public on the requirements for any oil pollution prevention plan or oil pollution emergency plan submitted by a person under subsection (1) and shall consider the public concerns in relation to those plans.”

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to the order adopted by the Committee on Wednesday, October 30, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-3, in Clause 60, be amended by adding after line 11 on page 56 the following:

“167.5 (1) The Minister shall publish, in the Canada Gazette and on the Internet site of the Department of Transport, any oil pollution prevention plan or oil pollution emergency plan submitted by an operator under section 167.4, in order to facilitate public access in respect of those plans.

(2) The Minister shall consult with the public on the requirements for any oil pollution prevention plan or oil pollution emergency plan submitted by an operator under section 167.4 and shall consider the public concerns in relation to those plans.

(3) An operator referred to in section 167.4 shall not operate the oil handling facility unless the Minister has considered the public concerns in relation to those plans.”

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 3; NAYS: 5.

Clause 60 carried.

By unanimous consent, Clauses 61 and 62 carried severally.

On Clause 63,

Pursuant to the order adopted by the Committee on Wednesday, October 30, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-3, in Clause 63, be amended by adding after line 11 on page 59 the following:

“168.4 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or is likely to discharge oil, that the oil pollution prevention plan or the oil pollution emergency plan for an oil handling facility does not meet the requirements set out in the regulations or that the operator of an oil handling facility does not have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel, the Minister shall prepare and make public a report in respect of those circumstances as the case may be.”

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 4; NAYS: 5.

Clause 63 carried.

By unanimous consent, Clauses 64 to 79 inclusive carried severally.

Clause 1, Short Title, carried.

The Schedule carried.

The Title carried.

The Bill carried.

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

At 9:26 a.m., the Committee adjourned to the call of the Chair.

Philippe Grenier-Michaud
Clerk of the Committee

2014-03-05 9:08 a.m.