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MINUTES OF PROCEEDINGS
 
Meeting No. 55
 
Thursday, March 10, 2011
 

The Standing Committee on Transport, Infrastructure and Communities met at 3:35 p.m. this day, in Room 362, East Block, the Chair, Merv Tweed, presiding.

 

Members of the Committee present: Hon. Gerry Byrne, Sukh Dhaliwal, Cheryl Gallant, Roger Gaudet, Brian Jean, Colin Mayes, Hon. John McCallum, Brad Trost, Merv Tweed and Jeff Watson.

 

Acting Members present: Peter Julian for Dennis Bevington and Mario Laframboise for Michel Guimond.

 

In attendance: Library of Parliament: John Christopher, Analyst; Jean Dupuis, Analyst.

 

Witnesses: Department of Transport: Luc Bourdon, Director General, Rail Safety; Carla White-Taylor, Director, Rail Safety Secretariat; Alain Langlois, Senior Legal Counsel, Legal Services.

 
Pursuant to the Order of Reference of Wednesday, December 8, 2010, the Committee resumed consideration of Bill C-33, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act.
 

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

 

The witnesses answered questions.

 

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

The Chair called Clause 2.

 

Clause 2 carried.

 

Clause 3 carried.

 

By unanimous consent, Clause 4 was allowed to stand.

 

Clause 5 carried.

 

Clause 6 carried.

 

Clause 7 carried.

 

On Clause 8,

Brian Jean moved, — That Bill C-33, in Clause 8, be amended by replacing lines 8 to 15 on page 6 with the following:

“11. (1) All work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles.

(2) All engineering work relating to railway works must be approved by a professional engineer.”

 

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

 

Clause 8, as amended, carried.

 

Clause 9 carried.

 

On Clause 10,

Mario Laframboise moved, — That Bill C-33, in Clause 10, be amended by replacing lines 27 to 29 on page 6 with the following:

“exempted under paragraph 17.9(1)(c), to a municipality or road authority that maintains a crossing work or to an urban transit authority.”

 

After debate, the question was put on the amendment of Mario Laframboise and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.

 

Clause 10 carried.

 

Clause 11 carried.

 

By unanimous consent, the Committee reverted to Clause 4 previously stood.

 

On Clause 4,

Brian Jean moved, — That Bill C-33, in Clause 4, be amended by adding after line 23 on page 3 the following:

““highest level of safety” means the lowest acceptable level of risk as demonstrated by a risk management analysis;”

 

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

 
Peter Julian moved, — That Bill C-33, in Clause 4, be amended by adding after line 23 on page 3 the following:

““fatigue science” means a scientifically based, data-driven and systematic method used to measure and manage human fatigue;”

 

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

 

Clause 4, as amended, carried.

 

Clause 12 carried.

 

On Clause 13,

Peter Julian moved, — That Bill C-33, in Clause 13, be amended by adding after line 22 on page 11 the following:

“(2.1) Section 18 of the Act is amended by adding the following after subsection (2):

(2.01) In making any regulations under subsection (2), the Governor in Council shall take into account, as a primary consideration, the safety of the public and personnel.”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

 

Clause 13 carried.

 

On Clause 14,

Brian Jean moved, — That Bill C-33, in Clause 14, be amended by replacing line 14 on page 16 with the following:

“formulation or revision of standards or rules under sections 7,”

 

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

 

Clause 14, as amended, carried.

 

Clause 15 carried.

 

Clause 16 carried.

 

By unanimous consent, Clauses 17 and 18 carried severally.

 

On Clause 19,

Peter Julian moved, — That Bill C-33, in Clause 19, be amended

(a) by replacing lines 35 to 40 on page 22 with the following:

“employee, as defined by section 2 of the Government Employees Compensation Act, whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the employee may exercise the”

(b) by replacing line 44 on page 22 with the following:

“under this Act, an employee designated under”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

 

Clause 19 carried.

 

Clause 20 carried.

 

On Clause 21,

Brian Jean moved, — That Bill C-33, in Clause 21, be amended by

(a) replacing line 29 on page 24 with the following:

“of it to the company supervisor who is directly respon-”

(b) by replacing line 37 on page 24 with the following:

“company supervisor or employee receives a copy of it,”

 

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

 

Clause 21, as amended, carried.

 

By unanimous consent, Clauses 22 to 31 inclusive carried severally.

 

By unanimous consent, Clauses 32 to 36 inclusive carried severally.

 

On Clause 37,

Sukh Dhaliwal moved, — That Bill C-33, in Clause 37, be amended by replacing line 12 on page 36 with the following:

“reporting and confidential reporting to Transport Canada Rail Safety Directorate by employees of contraventions”

Debate arose thereon.

 

Brian Jean moved, — That the amendment be amended by deleting all the words after the words “reporting to” and substituting the following:

“the Transportation Safety Board or Transport Canada by employees of contraventions”

 

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

 

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

 
Peter Julian moved, — That Bill C-33, in Clause 37, be amended by replacing line 28 on page 36 with the following:

“ment systems must conform, including the principles of fatigue science which must apply to scheduling rules.”

Debate arose thereon.

 

By unanimous consent, the amendment was withdrawn.

 
Jeff Watson moved, — That Bill C-33, in Clause 37, be amended by replacing line 28 on page 36 with the following:

“ment system must conform as well as the components, including the principle of fatigue science applicable to scheduling, that must be included in a safety management system.”

 

After debate, the question was put on the amendment of Jeff Watson and it was agreed to.

 
Sukh Dhaliwal moved, — That Bill C-33, in Clause 37, be amended by adding after line 26 on page 37 the following:

“47.3 (1) 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.

(2) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate 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 Senate.”

 

After debate, the question was put on the amendment of Sukh Dhaliwal and it was agreed to.

 

Clause 37, as amended, carried.

 

By unanimous consent, Clauses 38 to 44 inclusive carried severally.

 

The Short Title 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-33, as amended, be reprinted for the use of the House at report stage.

 

At 5:15 p.m., by unanimous consent and pursuant to Standing Order 115(5), it was agreed that the Committee continue to sit.

 

At 5:19 p.m., the Committee adjourned to the call of the Chair.

 



Chad Mariage
Committee Clerk

 
 
2011/03/23 8:49 a.m.