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MINUTES OF PROCEEDINGS
 
Meeting No. 54
 
Wednesday, May 30, 2007
 

The Standing Committee on Transport, Infrastructure and Communities met at 3:46 p.m. this day, in Room 209, West Block, the Chair, Merv Tweed, presiding.

 

Members of the Committee present: Hon. Mauril Bélanger, Don H. Bell, Robert Carrier, Ed Fast, Brian Jean, Peter Julian, Mario Laframboise, Brian Storseth, Merv Tweed, Hon. Joseph Volpe, Jeff Watson and Paul Zed.

 

In attendance: Library of Parliament: John Christopher, Analyst; Allison Padova, Analyst. House of Commons: Joann Garbig, Legislative Clerk.

 

Witnesses: Department of National Defence: Jacques Laplante, Director, Flight Safety 2. Department of Transport: André Morency, Assistant Deputy Minister, Corporate Services, ADM's Office; Merlin Preuss, Director General, Civil Aviation; Franz Reinhardt, Director, Regulatory Services, Civil Aviation; Susan Stanfield, Legal Counsel. Department of National Defence: Alex Weatherston, Counsel, Legal Services.

 
Pursuant to the Order of Reference of Tuesday, November 7, 2006, the Committee resumed consideration of Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.
 

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

 

The witnesses answered questions.

 
The Committee resumed consideration of the amendment of Peter Julian, as amended, — That Bill C-6, in Clause 4, be amended by replacing lines 1 to 4 on page 4 with the following:

“4. (1) The portion of section 4.2 of the Act before paragraph (b) is replaced by the following:

4.2 (1) The Minister shall ensure that aeronautical activities are conducted at all times in a manner that meets the highest safety standards established, and in the discharge of that obligation the Minister may”

 

It was agreed, — That the amendment be replaced with the following:

That Bill C-6, in Clause 4, be amended by replacing lines 1 to 4 on page 4 with the following:

“4. (1) The portion of section 4.2 of the Act before paragraph (a) is replaced by the following:

4.2 (1) The Minister shall ensure that aeronautical activities are conducted at all times in a manner that meets the highest safety standards, and in the discharge of that obligation the Minister may”.

 

At 4:03 p.m., the sitting was suspended.

At 4:05 p.m., the sitting resumed.

 

After debate, by unanimous consent, the amendment was withdrawn.

 
Brian Jean moved, — That Bill C-6, in Clause 4, be amended by replacing lines 1 and 2 on page 4 with the following:

4. (1) The portion of section 4.2 of the Act before paragraph (a) is replaced by the following:

4.2 (1) The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics, and shall require that aeronautical activities be performed in a manner that meets the highest possible safety and security standards. In the discharge of those responsibilities and that duty, the Minister may

 

Mario Laframboise moved, — That the amendment be amended by deleting the word “possible”.

 

After debate, the question was put on the subamendment of Mario Laframboise and it was agreed to.

 

Peter Julian moved, — That the amendment be amended by adding the words “at all times” after the word “performed”.

 

After debate, the question was put on the subamendment of Peter Julian and it was agreed to.

 

The question was put on the amendment of Brian Jean, as amended, and it was agreed to.

 
Mario Laframboise moved, — That Bill C-6, in Clause 4, be amended by adding after line 16 on page 5 the following:

“(1.1) The Minister shall maintain a program for the oversight and surveillance of aviation safety in order to achieve the highest level of safety established by the Minister.”

 

After debate, the question was put on the amendment of Mario Laframboise and it was agreed to.

 

Clause 4, as amended, carried.

 

Clause 5 carried.

 

Clause 6 carried.

 

Clause 7 carried.

 

On Clause 8,

Mario Laframboise moved, — That Bill C-6, in Clause 8, be amended by adding after line 21 on page 7 the following:

“(1.1) Section 4.9 of the Act is amended by adding the following after paragraph (c):

(c.1) safety management systems and programs that provide for

(i) the appointment of an executive

(A) responsible for operations and activities authorized under a certificate — issued pursuant to a regulation made under this Act — that authorizes the holder of the certificate to operate an air traffic control unit or a flight service station, and

(B) accountable for the extent to which the requirements of the applicable safety management system or program have been met,

(ii) the implementation, as a result of any risk management analysis, of the remedial action required to maintain the highest level of safety,

(iii) continuous monitoring and regular assessment of the level of safety achieved, and

(iv) the involvement of employees and their bargaining agents in the development and implementation of the applicable safety management system or program;”

 

Peter Julian moved, — That the amendment be amended by replacing the words “development and implementation” with the words “development, implementation and ongoing operation”.

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

 

Joseph Volpe moved, — That the amendment be amended by replacing the words “(A) responsible for operations and activities authorized under a certificate — issued pursuant to a regulation made under this Act — that authorizes the holder of the certificate to operate an air traffic control unit or a flight service station, and” with the words “(A) responsible for operations and activities authorized under a certificate issued pursuant to a regulation made under this Act, and”

 

After debate, the question was put on the subamendment of Joseph Volpe and it was agreed to.

 

The question was put on the amendment of Mario Laframboise, as amended, and it was agreed to.

 
Brian Jean moved, — That Bill C-6, in Clause 8, be amended by replacing line 7 on page 8 with the following:

“(v) measures, which may include limiting hours of service, to mitigate the negative impact”

 

At 5:03 p.m., the sitting was suspended.

At 5:09 p.m., the sitting resumed.

 

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

 
Mario Laframboise moved, — That Bill C-6, in Clause 8, be amended by replacing line 14 on page 8 with the following:

“aviation safety or security, including limiting the hours of work of those crew members, air traffic controllers or persons engaged in maintenance or installation;”

 

After debate, by unanimous consent, the amendment was withdrawn.

 
Mario Laframboise moved, — That Bill C-6, in Clause 8, be amended by replacing lines 19 to 21 on page 8 with the following:

“and on the part of providers of services relating to aeronautics, and the”

 

By unanimous consent, the amendment was allowed to stand.

 

By unanimous consent, Clause 8 was allowed to stand.

 

Clause 9 carried.

 

Clause 10 carried.

 

Clause 11 carried.

 

On Clause 12,

Brian Jean moved, — That Bill C-6, in Clause 12, be amended by replacing lines 28 to 38 on page 10 with the following:

5.31 (1) The Minister of Transport may designate, to exercise or perform any of the powers, duties and functions set out in subsection (2), one or more organizations whose activities relate to aeronautics and that meet the following conditions:

(a) an aeronautical safety study has been carried out in respect of the organization and the results of the study show, in that Minister’s opinion, that the organization’s particular activities in respect of which it would be able to exercise the powers, duties and functions to be set out in the certificate of designation referred to in subsection (1.1) do not involve high risks in relation to aviation safety and security;

(b) the organization’s activities do not include the scheduled air transportation of fare-paying passengers; and

(c) any condition prescribed by regulation.

(1.1) The Minister of Transport shall give a designated organization a certificate of designation setting out its powers, duties and functions and the terms and conditions under which they may be exercised or performed.

Debate arose thereon.

 

At 5:55 p.m., the sitting was suspended.

At 5:58 p.m., the sitting resumed.

 
Pursuant to Standing Order 81(4), the Committee resumed consideration of the Estimates 2007-2008: Votes 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, 65, 70 and 75 under Transport referred to the Committee on Tuesday, February 27, 2007.
 

André Morency answered questions.

 

The Chair called Votes 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, 65, 70 and 75 under TRANSPORT.

 

Votes 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, 65, 70 and 75 under TRANSPORT carried.

 

At 6:15 p.m., the Committee adjourned to the call of the Chair.

 



Mark D'Amore
Clerk of the Committee

 
 
2007/06/01 9:32 a.m.