TRAN Committee Report

Clause 8

That Bill C-33, in Clause 8, be amended by adding after line 27 on page 4 the following:

“(10) Any exemption granted under subsection (1) or (2) shall be published on the Transport Canada website and by any other means that the Minister considers appropriate within 30 days after it comes into force.”

Clause 61

That Bill C-33, in Clause 61, be amended by replacing lines 16 and 17 on page 41 with the following:

“to the marine ecosystem, the well-being of coastal communities, the security of marine transportation, including to any person, goods, vessel or marine facility, or to the health of”

That Bill C-33, in Clause 61, be amended by replacing line 25 on page 41 with the following:

“(a.1) to remain outside of the area described in the schedule or outside of any other area specified by the Minister, except in cases in which the Minister determines no other safe option exists;”

That Bill C-33, in Clause 61, be amended by adding after line 26 on page 41 the following:

“(1.1) Section 16 of the Act is amended by adding the following after subsection (1):

(1.1) If a vessel has been anchored in the area described in the schedule for more than 14 days, the Minister shall direct the vessel to proceed, in accordance with any instructions the Minister may give regarding the route and manner of proceeding, to a place specified by the Minister that is outside of the area and to remain outside of the area for a period specified by the Minister.”

New Clause 85.1

That Bill C-33 be amended by adding after line 22 on page 56 the following new clause:

“85.1 The Act is amended by adding, after section 51, the schedule set out in the schedule to this Act.”

Clause 100

That Bill C-33, in Clause 100, be amended

(a) by replacing line 6 on page 67 with the following:

“community in which a port or harbour is located or in proximity to which vessels are regularly anchored;”

(b) by replacing line 14 on page 67 with the following:

“chains as well as the protection of the environment and the well-being of the communities in proximity to which vessels are regularly anchored;”

That Bill C-33, in Clause 100, be amended by replacing line 13 on page 67 with the following:

“age, in order to protect the marine environment, to respect the rights of Indigenous peoples and to promote the efficiency of supply”

That Bill C-33, in Clause 100, be amended by adding after line 14 on page 67 the following:

“(f.3) reduce greenhouse gas emissions from the operation of ports;

(f.4) protect the marine environment; ”

Clause 101

That Bill C-33, in Clause 101, be amended

(a) by replacing line 20 on page 67 with the following:

“(2) Subparagraphs 8(2)(f)(ii) to (iv) of the Act”

(b) by adding after line 31 on page 67 the following:

“(iv) the remaining individuals nominated by the Minister in consultation with the users selected by the Minister or the classes of users mentioned in the letters patent, including one individual nominated by the Minister in consultation with the labour groups selected by the Minister or with those mentioned in the letters patent;”

That Bill C-33, in Clause 101, be amended by adding after line 37 on page 67 the following:

“(3.1) Subsection 8(2) of the Act is amended by adding the following after paragraph (i):

(i.1) the extent to which the port authority may undertake jointly with other port authorities, through a corporation, partnership, joint venture, association or other entity, the activities referred to in subsection 28(2);”

Clause 102

That Bill C-33, in Clause 102, be amended by adding after line 18 on page 68 the following:

“(1.1) Paragraph 14(1)(d) of the Act is replaced by the following:

(d) the Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent, including one individual nominated by the Minister in consultation with the labour groups selected by the Minister or with those mentioned in the letters patent.”

That Bill C-33, in Clause 102, be amended by adding after line 18 on page 68 the following:

“(1.1) Section 14 of the Act is amended by adding the following after subsection (1.1):

(1.2) The board of directors of a port authority may appoint a director under paragraph (1)(a) or (d) if the position has been vacant for more than twelve months.

(1.3) The board of directors of a port authority shall give notice to the Minister of its intention to make an appointment under subsection (1.2) at least 90 days before doing so.”

Clause 105

That Bill C-33, in Clause 105, be amended

(a) by replacing lines 13 to 17 on page 69 with the following:

“105 The Act is amended by adding the following after section 17:”

(b) by replacing line 23 on page 69 with the following:

“no more than 90 days.”

Clause 107

That Bill C-33, in Clause 107, be amended by replacing lines 13 to 15 on page 70 with the following:

“(a) establishing absolute greenhouse gas emissions reduction targets in respect of the operation of a port by a port authority that are consistent with Canada’s international commitments and with the national greenhouse gas emissions targets for each milestone year under the Canadian Net-Zero Emissions Accountability Act;”

That Bill C-33, in Clause 107, be amended by adding after line 27 on page 70 the following:

“(1.2) If no regulations are made for the purposes of each of paragraphs (1.1)(a) to (f) for an existing port authority within 36 months after the day on which this section comes into force or for a new port authority within 36 months after the day on which its letters patent are issued, the Minister must cause a report stating the reasons that no regulations have been made and establishing a schedule for making regulations to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that 36-month period.

(1.3) If no regulations are made within 12 months after the tabling of the report referred to in subsection (1.2), the Minister must cause a report stating the reasons that no regulations have been made and establishing a schedule for making regulations to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that 12-month period and at least once every subsequent 12-month period as long as no regulations have been made.”

Clause 108

That Bill C-33, in Clause 108, be amended by adding after line 7 on page 71 the following:

“(1.1) Section 28 of the Act is amended by adding the following after subsection (2):

(2.1) To the extent authorized in each participating port authority's letters patent, two or more port authorities may jointly, through a corporation, partnership, joint venture, association or other entity whose shares or other ownership interests are all held by port authorities, engage in the activities referred to in subsection (2).”

Clause 110

That Bill C-33, in Clause 110, be amended

(a) by replacing lines 20 to 22 on page 71 with the following:

“33.1 (1) A port authority must establish one or more advisory committees, which must include representatives from the local community, local government and local Indigenous communities, in accor‐”

(b) by adding after line 23 on page 71 the following:

“(1.1) The members of each advisory committee shall elect a chairperson from among their number.”

That Bill C-33, in Clause 110, be amended by replacing line 25 on page 71 with the following:

“tees at least twice every year with respect to issues related to port activi‐”

That Bill C-33, in Clause 110, be amended by adding after line 26 on page 71 the following:

“(3) A port authority must publish a summary of the consultations under subsection (2) on its website.”

That Bill C-33, in Clause 110, be amended by replacing line 28 on page 71 with the following:

“must cause to be conducted an independent assessment of its governance practices”

Clause 113

That Bill C-33, in Clause 113, be amended by replacing line 2 on page 73 with the following:

“port authority’s website:

(a) in the case of a port authority whose annual operating revenue is less than $20,000,000, within 90 days after the end of the quarter to which the report relates;

(b) in the case of any other port authority, within 60 days after the end of”

That Bill C-33, in Clause 113, be amended by adding after line 3 on page 73 the following:

“(4) In the case of a port authority specified in paragraph 37.1 (3)(a), the quarterly financial report must be prepared within a year after the day on which this section comes into force.

(4.1) Despite subsection (3), a port authority must publish on the port authority’s website the reports for each of the first three quarters of its first financial year after its letters patent are issued within one year after the day on which its letters patent are issued.”

Clause 120

That Bill C-33, in Clause 120, be amended by adding after line 30 on page 77 the following:

“(3) Section 62 of the Act is amended by adding the following after subsection (1):

(1.1) The Governor in Council may make regulations respecting the prohibition of the loading and unloading of thermal coal to and from ships in a port.

(1.2) In making regulations under subsection (1.1), the Governor in Council must consult with relevant trade unions on ways to protect port workers who will be affected by the regulations, including by providing for continued collective bargaining, for the respect of collective agreements, for the creation of alternative opportunities in the marine transportation sector and for pension bridging.

(1.3) Regulations made under subsection (1.1) must provide for the prohibition of the loading and unloading of all thermal coal to and from ships in a port no later than December 31, 2030.

(1.4) If no regulations are made under subsection (1.1) within 48 months after the day on which this section comes into force, the Minister must cause a report stating the reasons that no regulations have been made and establishing a schedule for making regulations to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that 48-month period.”

That Bill C-33, in Clause 120, be amended by adding after line 30 on page 77 the following:

“(3) Section 62 of the Act is amended by adding the following after subsection (1):

(1.1) The Governor in Council may under paragraph (1)(b) make regulations respecting the prohibition of the deposit of raw sewage in waters under the jurisdiction of a port authority.”

Clause 122

That Bill C-33, in Clause 122, be amended by adding after line 14 on page 78 the following:

“(1.1) The power under subsection (1) to make an order, and any powers, duties or functions conferred or imposed by or under such an order, must not be exercised or performed for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.”

Schedule

That Bill C-33 be amended by adding after line 18 on page 80 the following new schedule:

“SCHEDULE

(Section 61)

SCHEDULE

(Paragraph 16(1)(a.1) and subsection 16(1.1))

1 Southern Strait of Georgia — Province of British Columbia

Beginning at a point at latitude 48°45′21″ North and longitude 123°36′07″ West;

Thence southeasterly in a straight line to a point at latitude 48°45′11″ North and longitude 123°35′13″ West;

Thence southeasterly in a straight line to a point at latitude 48°45′11″ North and longitude 123°35′12″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°48′30″ North and longitude 123°35′18″ West;

Thence northeasterly in a straight line to a point at latitude 48°49′14″ North and longitude 123°35′19″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°51′10″ North and longitude 123°36′38″ West;

Thence easterly in a straight line to a point at latitude 48°51′10″ North and longitude 123°36′37″ West;

Thence northeasterly in a straight line to a point at latitude 48°51′22″ North and longitude 123°36′20″ West;

Thence northerly in a straight line to a point at latitude 48°53′36″ North and longitude 123°37′59″ West;

Thence northwesterly in a straight line to a point at latitude 48°56′13″ North and longitude 123°42′50″ West;

Thence southwesterly in a straight line to a point at latitude 48°55′52″ North and longitude 123°43′22″ West;

Thence southwesterly in a straight line to a point at latitude 48°55′50″ North and longitude 123°43′23″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°57′50″ North and longitude 123°46′13″ West;

Thence northeasterly in a straight line to a point at latitude 48°58′52″ North and longitude 123°46′06″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′09″ North and longitude 123°49′11″ West;

Thence easterly in a straight line to a point at latitude 49°08′11″ North and longitude 123°49′00″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′07″ North and longitude 123°47′18″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°07′54″ North and longitude 123°41′58″ West;

Thence southwesterly in a straight line to a point at latitude 49°07′43″ North and longitude 123°41′57″ West;

Thence northeasterly in a straight line to a point at latitude 49°08′03″ North and longitude 123°41′20″ West;

Thence northwesterly in a straight line to a point at latitude 49°08′04″ North and longitude 123°41′30″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′46″ North and longitude 123°41′44″ West;

Thence easterly in a straight line to a point at latitude 49°57′54″ North and longitude 123°08′24″ West;

Thence easterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′54″ North and longitude 123°41′25″ West;

Thence northeasterly in a straight line to a point at latitude 49°08′55″ North and longitude 123°41′23″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°09′09″ North and longitude 123°41′26″ West;

Thence northwesterly in a straight line to a point at latitude 49°09′08″ North and longitude 123°41′47″ West;

Thence northwesterly in a straight line to a point at latitude 49°09′09″ North and longitude 123°41′50″ West;

Thence northwesterly in a straight line to a point at latitude 49°09′07″ North and longitude 123°41′50″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 49°09′16″ North and longitude 123°41′55″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 49°09′34″ North and longitude 123°42′17″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 49°12′10″ North and longitude 123°49′06.2″ West;

Thence northeasterly in a straight line to a point at latitude 49°13′46.7″ North and longitude 123°45′22.8″ West;

Thence southeasterly in a straight line to a point at latitude 49°11′37″ North and longitude 123°40′27″ West;

Thence southeasterly in a straight line to a point at latitude 49°08′53″ North and longitude 123°33′34″West;

Thence southwesterly in a straight line to a point at latitude 49°05′43″ North and longitude 123°36′10″ West;

Thence southeasterly in a straight line to a point at latitude 48°56′58″ North and longitude 123°22′31″ West;

Thence northeasterly in a straight line to a point at latitude 48°56′59″ North and longitude 123°22′30″ West;

Thence northeasterly in a straight line to a point at latitude 49°00′07″ North and longitude 123°19′20″ West;

Thence southeasterly in a straight line to a point at latitude 48°49′52″ North and longitude 123°00′30″ West;

Thence southwesterly in a straight line to a point at latitude 48°46′01″ North and longitude 123°00′30″ West;

Thence westerly in a straight line to a point at latitude 48°41′38″ North and longitude 123°16′04″ West;

Thence southwesterly in a straight line to a point at latitude 48°32′55″ North and longitude 123°13′08″ West;

Thence southerly in a straight line to a point at latitude 48°29′47″ North and longitude 123°11′11″ West;

Thence northwesterly in a straight line to a point at latitude 48°29′46″ North and longitude 123°18′24″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°30′46″ North and longitude 123°21′38″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°31′39″ North and longitude 123°21′54″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark line to a point at latitude 48°34′36″ North and longitude 123°22′03″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°34′48″ North and longitude 123°22′12″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°35′13″ North and longitude 123°22′13″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°35′26″ North and longitude 123°22′20″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°37′22″ North and longitude 123°24′22″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°37′35″ North and longitude 123°24′34″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°38′07″ North and longitude 123°24′18″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°40′29″ North and longitude 123°23′46″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°40′36″ North and longitude 123°23′49″ West;

Thence northeasterly in a straight line to a point at latitude 48°40′45″ North and longitude 123°23′50″ West;

Thence northwesterly in a straight line to a point at latitude 48°40′48″ North and longitude 123°23′54″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°40′53″ North and longitude 123°23′55″ West;

Thence northerly in a straight line to a point at latitude 48°41′05″ North and longitude 123°24′03″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°41′19″ North and longitude 123°24′09″ West;

Thence northwesterly along the province of British Columbia Tenure to a point at latitude 48°41′24″ North and longitude 123°24′58″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°40′59″ North and longitude 123°28′33″ West;

Thence westerly in a straight line to a point at latitude 48°40′51″ North and longitude 123°28′51″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°39′12″ North and longitude 123°26′45″ West;

Thence westerly along the province of British Columbia Tenure to a point at latitude 48°39′00″ North and longitude 123°27′11″ West;

Thence southwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°34′47″ North and longitude 123°28′12″ West;

Thence southerly in a straight line to a point at latitude 48°34′26″ North and longitude 123°28′03″ West;

Thence southwesterly in a straight line to a point at latitude 48°34′20″ North and longitude 123°28′06″ West;

Thence southwesterly in a straight line to a point at latitude 48°34′19″ North and longitude 123°28′07″ West;

Thence northwesterly in a straight line to a point at latitude 48°34′20″ North and longitude 123°28′26″ West;

Thence southwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°30′01″ North and longitude 123°32′48″ West;

Thence southwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°29′36″ North and longitude 123°32′57″ West;

Thence northwesterly in a straight line to a point at latitude 48°29′36″ North and longitude 123°33′03″ West;

Thence southwesterly in a straight line to a point at latitude 48°29′28″ North and longitude 123°33′12″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°29′45″ North and longitude 123°33′08″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°29′59″ North and longitude 123°33′14″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°36′17″ North and longitude 123°31′16″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°36′22″ North and longitude 123°31′18″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°36′42″ North and longitude 123°31′07″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°36′56″ North and longitude 123°31′10″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°38′43″ North and longitude 123°32′54″ West;

Thence northeasterly in a straight line to a point at latitude 48°39′15″ North and longitude 123°32′25″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°44′01″ North and longitude 123°35′09″ West;

Thence northwesterly along the province of British Columbia Tenure to a point at latitude 48°44′10″ North and longitude 123°35′40″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°44′26″ North and longitude 123°36′56″ West;

Thence northwesterly along the province of British Columbia Tenure to a point at latitude 48°44′35″ North and longitude 123°37′43″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°44′37″ North and longitude 123°37′48″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°45′50″ North and longitude 123°37′18″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to the point of commencement.

All islands within the boundary are excluded following the sinuosity of the ordinary high water mark.

The waters constitute an approximate area of 1,394 square kilometres.”