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MINUTES OF PROCEEDINGS
 
Meeting No. 54
 
Thursday, April 30, 2015
 

The Standing Committee on Transport, Infrastructure and Communities met at 3:41 p.m. this day, in Room 306, The Valour Building, the Chair, Larry Miller, presiding.

 

Members of the Committee present: Peter Braid, Ed Komarnicki, Hoang Mai, David J. McGuinty, Larry Miller, Jeff Watson, Wai Young and David Yurdiga.

 

Acting Members present: Matthew Kellway for Isabelle Morin and Rathika Sitsabaiesan for Mike Sullivan.

 

In attendance: House of Commons: Caroline Massicotte, Procedural Clerk; Philippe Méla, Legislative Clerk. Library of Parliament: Maxime Charron-Tousignant, Analyst; Allison Padova, Analyst.

 

Witnesses: Department of Transport: Lenore Duff, Director General, Surface Transportation Policy; Brigitte Diogo, Director General, Rail Safety; Alain Langlois, General Counsel and Associate Head; Rachel Heft, Legal Counsel.

 
Pursuant to the Order of Reference of Tuesday, March 31, 2015, the Committee resumed consideration of Bill C-52, An Act to amend the Canada Transportation Act and the Railway Safety Act.
 

Lenore Duff, Alain Langlois and Brititte Diogo answered questions.

 

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

 

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

The Chair called Clause 2.

 

By unanimous consent, Clauses 2 to 5 inclusive carried.

 

On Clause 6,

Hoang Mai moved, — That Bill C-52, in Clause 6, be amended by adding after line 10 on page 3 the following:

“(1.01) Paragraph (1)(b) does not apply in respect of the operation of a railway

(a) if, in relation to transferring traffic, a terminal carrier has interswitched traffic to a siding for unloading in accordance with the Railway Interswitching Regulations, and transfers the traffic to another siding at the request of a shipper or another railway company;

(b) if, in the three-year period preceding the coming into force of this subsection, the railway company derived at least 90% of its gross freight revenues from interswitching, according to the returns prepared by the company under regulations made under section 50; and

(c) if rolling stock is moved by the railway company at a speed exceeding 10 miles per hour.”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 6 carried.

 

After debate, Clause 7 carried.

 

On Clause 8,

Jeff Watson moved, — That Bill C-52, in Clause 8, be amended by replacing lines 10 to 16 on page 5 with the following:

“(2.1) If a railway company is to carry traffic in respect of which there is a levy under section 155.3 or 155.5, the traffic must be carried from a point referred to in paragraph (1)(a) by the railway company on the payment to the company of the levy, by the shipper, if the company is the first railway company to carry, at a rate other than an interswitching rate, the traffic after its loading.”

 

After debate, the question was put on the amendment of Jeff Watson and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

 

Clause 8, as amended, carried.

 

At 4:14 p.m., the sitting was suspended.

At 5:02 p.m., the sitting resumed.

 

Clause 9 carried.

 

On Clause 10,

Jeff Watson moved, — That Bill C-52, in Clause 10, be amended by

(a) replacing line 28 on page 18 with the following:

“first to carry, at a rate other than an interswitching rate, traffic in respect of which there is a”

(b) replacing line 3 on page 19 with the following:

“traffic is carried, at a rate other than an interswitching rate, by the railway company that is”

(c) replacing line 11 on page 20 with the following:

“which the traffic was first carried, at a rate other than an interswitching rate, by the”

 

After debate, the question was put on the amendment of Jeff Watson and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

 

Clause 10, as amended, carried.

 

By unanimous consent, Clauses 11 to 16 inclusive carried.

 

On Clause 17,

Hoang Mai moved, — That Bill C-52, in Clause 17, be amended by deleting lines 9 to 11 on page 28.

 

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 

Clause 17 carried on division.

 

By unanimous consent, Clauses 18 to 20 inclusive carried.

 

On new Clause 20.1,

Hoang Mai moved, — That Bill C-52 be amended by adding after line 26 on page 29 the following new clause:

“20.1 Sections 19 to 20.2 of the Act are repealed.”

 

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 

By unanimous consent, Clauses 21 to 33 inclusive carried.

 

On Clause 34,

Pursuant to the order adopted by the Committee on Tuesday, October 30, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-52, in Clause 34, be amended by adding after line 5 on page 36 the following:

“(d) the development and implementation by companies of best practices for positive train control — as it pertains to train control technology — to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 5.

 

Clause 34 carried.

 

By unanimous consent, Clauses 35 to 40 inclusive carried.

 

The Schedule carried.

 

Clause 1, 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-52, as amended, be reprinted for the use of the House at report stage.

 

At 5:33 p.m., the Committee adjourned to the call of the Chair.

 



Philippe Grenier-Michaud
Clerk of the Committee

 
 
2015/05/04 2:59 p.m.