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MINUTES OF PROCEEDINGS
 
Meeting No. 27
 
Thursday, November 23, 2006
 

The Standing Committee on Transport, Infrastructure and Communities met at 3:38 p.m. this day, in Room 209, West Block, the Chair, Merv Tweed, presiding.

 

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

 

Acting Members present: Sylvie Boucher for Jeff Watson, Hon. Raymond Chan for David J. McGuinty and Francis Scarpaleggia for David J. McGuinty.

 

In attendance: House of Commons: Mike MacPherson, Legislative Clerk. Library of Parliament: Allison Padova, Analyst.

 

Witnesses: Department of Transport: Helena Borges, Director General, Surface Transportation Policy; Brigita Gravitis-Beck, Director General, Air Policy; Roger Constantin, Policy Advisor, International Air Policy; Alain Langlois, Legal Counsel, Legal Services.

 
Pursuant to the Order of Reference of Thursday, September 21, 2006, the Committee resumed consideration of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts.
 

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

 

STATEMENT BY THE CHAIR

With regard to the point of order raised Tuesday, November 21, relating to the wording of the French version of an amendment proposed by Mr. McGuinty, the text of the amendment has been carefully reviewed and a corrected version of the amendment has been distributed to all members of the Committee.
 

On Clause 2,

 

The Committee resumed consideration of the amendment of David McGuinty, — That Bill C-11, in Clause 2, be amended by replacing lines 10 to 14 on page 2 with the following:

“tion are directed to achieve economic, environmental or social outcomes that cannot be achieved satisfactorily by competition and market forces and do not unduly favour, or reduce the”;

and of the subamendment of Don H. Bell, — That the amendment be amended by adding the words “safety, security or other” after the words “environmental or”.

Debate arose thereon.

 

The question was put on the subamendment of Don H. Bell and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

 

Brian Jean moved, — That the amendment be amended by replacing the words “are directed to achieve economic” with the words “are used to achieve economic, safety, security”

 

The question was put on the subamendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 10; NAYS: 1.

 

The question was put on the amendment of David J. McGuinty, as amended, and it was agreed to.

 
Peter Julian moved, — That Bill C-11, in Clause 2, be amended by replacing lines 17 to 20 on page 2 with the following:

“(c) each carrier or mode of transportation, as far as is practicable, carries traffic to or from any point in Canada under fares, rates and conditions that do not constitute

(i) an unfair disadvantage in respect of any such traffic beyond the disadvantage inherent in the location or volume of the traffic, the scale of operation connected with the traffic or the type of traffic or service involved,

(ii) an undue obstacle to the mobility of persons, including persons with disabilities,

(iii) an undue obstacle to the interchange of commodities between points in Canada, or

(iv) an unreasonable discouragement to the development of primary or secondary industries, to export trade in or from any region of Canada or to the movement of commodities through Canadian ports;”

Debate arose thereon.

 

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 9.

 
Brian Jean moved, — That Bill C-11, in Clause 2, be amended by replacing lines 18 to 20 on page 2 with the following:

“undue obstacle to the movement of traffic within Canada or to the export of goods from Canada;”

Debate arose thereon.

 

The question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 9; NAYS: 1.

 

Clause 2, as amended, carried by a show of hands: YEAS: 10; NAYS: 1.

 

On Clause 3,

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by replacing lines 31 and 32 on page 2 with the following:

“than six members appointed by the Governor in Council, each of whom shall represent one of the six regions of Canada, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia, and the three territories, and such temporary members as are”

Debate arose thereon.

 

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 3.

 

Clause 4 carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 5 carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 6 carried by a show of hands: YEAS: 7; NAYS: 0.

 

On Clause 7,

Mario Laframboise moved, — That Bill C-11, in Clause 7, be amended by replacing line 40 on page 3 with the following:

“completed within 30 days after the dispute is”

 

The question was put on the amendment of Mario Laframboise and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

 
Brian Jean moved, — That Bill C-11, in Clause 7, be amended by adding after line 13 on page 4 the following:

“Mediation or Abitration

36.2 (1) If section 36.1 does not apply, the Agency may mediate or arbitrate a dispute relating to any railway matter covered under Part III or Part IV, or to the application of any rate or charge for the movement of goods by railways or for the provision of incidental services, if requested to do so by all parties to the dispute.

(2) The parties are jointly and severally, or solidarily, liable to reimburse the Agency its costs arising from the mediation or arbitration.

(3) The person who acts as mediator or arbitrator may not act in any other proceedings before the Agency in relation to any matter that was at issue in the mediation or arbitration.”

Debate arose thereon.

 

The question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

 

Clause 7, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

 

Clause 8 carried by a show of hands: YEAS: 11; NAYS: 0.

 

Clause 9 carried by a show of hands: YEAS: 11; NAYS: 0.

 

Clause 10 carried by a show of hands: YEAS: 8; NAYS: 0.

 

On Clause 11,

Don H. Bell moved, — That Bill C-11, in Clause 11, be amended by replacing lines 29 to 32 on page 6 with the following:

“52. (1) Each year, before a date fixed by the Minister, the Minister shall prepare and lay before the Senate and the House of Commons a report briefly”

Debate arose thereon.

 

At 5:34 p.m., the Committee adjourned to the call of the Chair.

 



Mark D'Amore
Clerk of the Committee

 
 
2006-12-15 1:41 p.m.