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MINUTES OF PROCEEDINGS

Meeting No. 7

Tuesday, March 10, 2009

The Standing Committee on Transport, Infrastructure and Communities met at 3:32 p.m. this day, in Room 209, West Block, the Chair, Merv C. Tweed, presiding.

Members of the Committee present: Dennis Bevington, Lois Brown, Sukh Dhaliwal, Roger Gaudet, Candice Hoeppner, Brian Jean, Gerard Kennedy, Mario Laframboise, Colin Mayes, Merv C. Tweed, Joseph Volpe and Jeff Watson.

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

Witnesses: Department of Transport: Peter Coyles, Special Advisor to the Director General of Operations, Transportation of Dangerous Goods; Marie-France Dagenais, Director General, Transportation of Dangerous Goods; Jacques Savard, Director, Regulatory Affairs Branch, Transport of Dangerous Goods; Linda Wilson, Counsel, Legal services.

Pursuant to the Order of Reference of Friday, February 13, 2009, the Committee resumed consideration of Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992.

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

The Chair called Clause 1.

Clause 1 carried.

On Clause 2,

Brian Jean moved, — That Bill C-9, in Clause 2, be amended by replacing, in the French version, line 7 on page 4 with the following:

“d'expédition qui les accompagne à leur entrée au Canada comme étant”

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Clause 2, as amended, carried.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Dennis Bevington moved, — That Bill C-9, in Clause 5, be amended by adding after line 31 on page 5 the following:

“(3) Despite subsection (1), any person who transports dangerous goods but does not leave or enter Canada or enter a port or airport is not required to obtain a transportation security clearance.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Dennis Bevington moved, — That Bill C-9, in Clause 5, be amended by adding after line 31 on page 5 the following:

“(3) No information collected for the purpose of determining whether to grant a transportation security clearance may be shared with any foreign government.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Clause 5 carried.

Clause 6 carried.

By unanimous consent, Clauses 7 to 25 inclusive carried.

On Clause 26,

Dennis Bevington moved, — That Bill C-9, in Clause 26, be amended by adding after line 42 on page 21 the following:

“27.11 (1) The Minister shall have each proposed regulation to be made under paragraphs 27.1(1)(b), (c) or (d) laid before each House of Parliament.

(2) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation.

(3) The committee shall, within 60 days after the review is undertaken, report its findings to that House.

(4) A proposed regulation that has been laid pursuant to subsection (1) may be made where, with respect to each House of Parliament,

(a) the committee reports to the House, or

(b) the committee decides not to conduct inquiries or public hearings. ”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

Clause 26 carried.

By unanimous consent, Clauses 27 and 28 carried.

On Clause 29,

Joseph Volpe moved, — That Bill C-9, in Clause 29, be amended by adding after line 23 on page 26 the following:

“(3) Section 30 of the Act is amended by adding the following after subsection (2):

(3) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.”

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

Clause 29, as amended, carried.

By unanimous consent, Clauses 30 to 37 inclusive carried.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-9, as amended, be reprinted for the use of the House at report stage.

At 4:59 p.m., the Committee adjourned to the call of the Chair.

Maxime Ricard
Clerk of the Committee

2009/03/26 3:31 p.m.