TRGO Committee Meeting

Meeting No. 12

Tuesday, May 1st, 2001

The Standing Committee on Transport and Government Operations met at 11:24 a.m. this day, in Room 253-D, Centre Block, the Chair, Ovid Jackson, presiding.

Members of the Committee present: Larry Bagnell, Andy Burton, Bev Desjarlais, Norman Doyle, Brian Fitzpatrick, Ovid Jackson, Mario Laframboise, Dominic LeBlanc, Serge Marcil, Marcel Proulx, Alex Shepherd, Brent St. Denis, Paul Szabo, Tony Tirabassi.

In attendance: From the Library of Parliament: John Christopher; June Dewetering, researchers.

Pursuant to its Order of Reference of Friday, March 16, 2001, the Committee resumed consideration of Bill C-14, An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts (See Minutes of Proceedings, Tuesday, April 3, 2001, Meeting No. 9).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

By unanimous consent, Clauses 2 to13 carried.

The Chair called Clause 14.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 14, be amended by replacing line 5 on page 9 with the following:

"tive — who is responsible under this Act for acting with"

Clause 14, as amended carried.

By unanimous consent, Clauses 15 to 85 carried.

The Chair called Clause 86.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 86, be amended by

(a) adding after line 37 on page 41 the following:

"(2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel."

(b) replacing line 44 on page 41 with the following:

"by subsection (1), (2) or (2.1)."

(c) adding after line 7 on page 42 the following:

"(5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than

Clause 86, as amended, carried.

By unanimous consent, Clauses 87 to 95 carried.

The Chair called Clause 96.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 96, be amended by replacing lines 29 to 31 on page 45 with the following:

"Canadian vessel must, in the form and manner specified by the Minister, inform the Minister of"

Clause 96, as amended, carried.

By unanimous consent, Clauses 97-99 carried.

The Chair called Clause 100.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 100, be amended by replacing, in the French version, lines 11 to 13 on page 48 with the following:

"contrat d'engagement avec l'équipage;

j) prévoir les renseignements qui doivent figurer au contrat d'engagement;"

Clause 100, as amended, carried.

By unanimous consent, Clauses 101 to 109 carried.

The Chair called 110.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 110, be amended by adding after line 13 on page 52 the following:

"(3) Subsection (1) does not apply in respect of a person carried on board a vessel in pursuance of the obligation on the master to carry shipwrecked ,distressed persons or other persons."

Clause 110, as amended, carried.

By unanimous consent, Clauses 111 to119 carried.

The Chair called Clause 120.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 120, be amended by replacing lines 42 and 43 on page 54 and line 1 on page 55 with the following:

"(k) regulating or prohibiting the operation of vessels"

Clause 120, as amended, carried.

By unanimous consent, Clauses 121 to123 carried.

The Chair called Clause 124.

On motion of Brent St-Denis, it was agreed, --That Bill C-14, in Clause 124, be amended by replacing line 12 on page 58 with the following:

"sion referred to in subsection 121(1), section 122 or subsection"

Clause 124, as amended, carried.

The Chair called Clause 125.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 125, be amended by replacing line 28 on page 58 with the following:

"Zone established under paragraph 136(1)(a)."

Clause 125, as amended carried.

Clause 126 carried.

The Chair called Clause 127.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 127, be amended by replacing line 35 on page 60 with the following:

"condition made under paragraph 136(1)(b) or (c)"

Clause 127, as amended, carried.

Clauses 128-133 carried.

The Chair called Clause 134.

On motion of Brent St-Denis, it was agreed, after debate --That Bill C-14, in Clause 134, be amended by replacing lines 17 to 21 on page 63 with the following:

Clause 134, as amended, carried.

Clause 135 carried.

The Chair called Clause 136.

On motion of Brent St-Denis, it was agreed, after debate --That Bill C-14, in Clause 136, be amended by

(a) replacing line 1 on page 64 with the following:

"136. (1) The Governor in Council may, on the"

(b) deleting lines 25 to 30 on page 64;

(c) adding after line 39 on page 64 the following:

"(2) The Governor in Council may, on the recommendation of the Minister and the Minister of Transport, make regulations regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment."

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 136, be amended by replacing line 20 on page 64 with the following:

"of Sable Island;"

Clause 136, as amended, carried on division.

Clause 137 carried.

The Chair called Clause 138.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 138, be amended by replacing line 12 on page 66 with the following:

"made under paragraph 136(1)(b) if they had"

Clause 138, as amended, carried.

The Chair called Clause 139.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 139, be amended by replacing lines 27 and 28 on page 66 with the following:

"134 (unauthorized presence on Sable Island) commits an offence and is"

Clause 139, as amended, carried on division.

Clause 140 carried.

The Chair called Clause 141.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 141, be amended by replacing line 4 on page 67 with the following:

"all other vessels in Canadian waters."

Clause 141, as amended, carried.

By unanimous consent, Clauses 142-147 carried.

The Chair called Clause 148.

On motion of Brent St-Denis, it was agreed, after debate, --That Bill C-14, in Clause 148, be amended by replacing lines 12 to 14 on page 69 with the following:

Clause 148, as amended, carried.

The Chair called Clause 149.

On motion of Brent St-Denis, it was agreed, after debate, --That Bill C-14, in Clause 149, be amended by replacing lines 19 and 20 on page 69 with the following:

"Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry."

Clause 149, as amended, carried.

By unanimous consent, Clauses 150-191 carried.

The Chair called Clause 192.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 192, be amended by replacing lines 14 to 16 on page 99 with the following:

"conviction to a fine of not more than $100,000."

Clause 192, as amended, carried.

By unanimous consent, Clauses 193-196 carried.

The Chair called Clause 197.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 197, be amended by replacing line 18 on page 102 with the following:

"(2) No person shall, in the course of a commercial enterprise, sell a pleasure craft that"

Clause 197, as amended, carried.

By unanimous consent, Clauses 198-209 carried.

The Chair called Clause 210.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 210, be amended by replacing line 4 on page 108 with the following:

"sponsible for administering, other than a provision of the regulations made under subsection 136(2) in so far as it applies in respect of vessels that are not Canadian vessels or foreign vessels."

Clause 210, as amended, carried.

Clause 211 carried.

The Chair called Clause 212.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 212, be amended by replacing lines 5 to 14 on page 110 with the following:

"(3) Any thing seized must be returned as soon as feasible after it is no longer needed for any proceedings unless it cannot be brought into compliance with the relevant provisions and the Minister directs that it not be returned, in which case it is forfeited to Her Majesty in right of Canada after it is no longer needed for any proceedings and may be disposed of at the expense of the person from whom it was seized."

Clause 212, as amended, carried.

By unanimous consent, Clauses 213-215 carried.

The Chair called Clause 216.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 216, be amended by replacing lines 36 to 40 on page 110 with the following:

"(2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act."

Clause 216, as amended, carried.

By unanimous consent, Clauses 217-225 carried.

The Chair called Clause 226.

On motion of Brent St-Denis, it was agreed --That Bill C-14, in Clause 226, be amended by adding after line 16 on page 117 the following:

"(c.1) the claims of masters for disbursements made or liabilities incurred for necessaries on account of the vessel;"

Clause 226, as amended, carried.

By unanimous consent, Clauses 227-267 carried.

Clause 268 carried.

The Chair called New Clause 268.1

On motion of Brent St-Denis, it was agreed --That Bill C-14 be amended by adding after line 5 on page 135 the following:

"268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3), 174(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject."

New Clause 268.1 carried.

By unanimous consent, Clauses 269-273 carried.

The Chair called Clause 274.

On motion of Brent St-Denis, it was agreed, after debate, --That Bill C-14, in Clause 274, be amended by replacing line 4 on page 138 with the following:

"than under any of the provisions listed in section 332 of this Act, remain in force"

Clause 274, as amended, carried.

By unanimous consent, Clauses 275-325 carried.

The Chair called Clause 326.

On motion of Brent St-Denis, it was agreed, after debate, --That Bill C-14, in Clause 326, be amended by replacing lines 41 and 42 on page 165 and lines 1 to 3 on page 166 with the following:

"member of the conference from negotiating or entering into a service contract on terms and conditions that the member considers appropriate and without having to give notice to the other members or having to divulge the terms and conditions of the contract."

Clause 326, as amended, carried.

By unanimous consent, Clauses 327-334 carried.

The Chair called Schedule I.

On motion of Brent St-Denis, it was agreed -- That Bill C-14 in Schedule I, be amended by deleting item 25 on page 171.

Schedule I, as amended, carried.

Schedule II carried.

Schedule III carried.

Clause 1 carried

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That Bill C-14, An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-14, An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts, with amendments to the House.

At 12:40, the meeting was suspended.

At 12:43, the meeting was resumed

The Committee proceeded to sit In Camera.

It was agreed: - That the proposed budget for the period from April 1 to June 30^th, 2001 was approved by the Committee.

It was agreed: - That the Committee would meet from 6:00PM until 8:00PM on Tuesday May 15^th, to hear the Minister of Transport on the subject of the Main Estimates.

It was agreed: - That the Chair would write a letter to Robert Milton, CEO of Air Canada, urging him to appear before the Committee on May 8, 2001 if possible, but allowing him to appear sometime before May 31^st, 2001.

It was moved: - That this Committee form a sub-Committee to review government contracting processes and procedures.

And debate arose thereon. The question was allowed to stand.

It was moved: - That the Standing Committee on Transport and Government Operations invite the Minister of Public Works and senior officials from his Crown Corporations to appear before the Committee, at his convenience, before May 31, 2001, to continue to discuss the plans, priorities and Main Estimates of the department and the Crown Corporations.

And debate arose thereon.

It was moved: - That the motion be amended by the addition of the words "if possible" after "2001".

The question was put on the amendment and it was agreed to.

The Committee resumed consideration of the main motion as amended, - That the Standing Committee on Transport and Government Operations invite the Minister of Public Works and senior officials from his Crown Corporations to appear before the Committee, at his convenience, before May 31, 2001, if possible, to continue to discuss the plans, priorities and Main Estimates of the department and the Crown Corporations.

The debate continued. The question was put on the main motion as amended and it was agreed to.

At 1:03PM, the meeting was adjourned to the call of the Chair

Paul Cardegna

Clerk of the Committee