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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 84
Tuesday, November 28, 2017, 4:20 p.m. to 5:30 p.m.
Televised
Presiding
Hon. Judy A. Sgro, Chair (Liberal)

House of Commons
• Olivier Champagne, Legislative Clerk
 
Library of Parliament
• Zackery Shaver, Analyst
Department of Transport
• Emilie Gelinas, Director, Seaway and Domestic Shipping Policy
• Joseph Melaschenko, Team Leader and Senior Counsel, Maritime Law
• Natasha Rascanin, Assistant Deputy Minister, Transformation
• Jennifer Saxe, Director, International Marine Policy
Pursuant to the Order of Reference of Wednesday, October 4, 2017, the Committee resumed consideration of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.

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

Natasha Rascanin, Jennifer Saxe and Joseph Melaschenko answered questions.

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

The Chair called Clause 2.

On Clause 2,

Nathan Cullen moved, — That Bill C-48, in Clause 2, be amended

(a) by replacing line 15 on page 1 with the following:

“suitable for transportation and includes a crude oil product. (pétrole brut)”

(b) by replacing line 2 on page 2 with the following:

“el oil, sludge, oil refuse and refined products, and includes an oil product. (hydrocar-

(c) by replacing line 12 on page 2 with the following:

“out in the schedule and includes a persistent oil product. (hydrocarbure persistant)”

Debate arose thereon.

The question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 2 carried by a show of hands: YEAS: 5; NAYS: 1.

On new Clause 2.1,

Nathan Cullen moved, — That Bill C-48 be amended by adding after line 14 on page 2 the following new clause:

“Purpose

2.1 The purpose of this Act is to encourage and improve oil spill prevention and response on the north coast of British Columbia.”

Debate arose thereon.

The question was put on the amendment of Nathan Cullen and it was negatived on the following recorded division:

YEAS: Nathan Cullen, Ben Lobb — 2;

NAYS: Michael D. Chong, Sean Fraser, David de Burgh Graham, Ken Hardie, Angelo Iacono, Gagan Sikand, Cathay Wagantall — 7.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 4,

Nathan Cullen moved, — That Bill C-48, in Clause 4, be amended

(a) by replacing line 20 on page 2 with the following:

“oil, crude oil or persistent oil, or any combination of the three,”

(b) by replacing lines 26 and 27 on page 2 with the following:

“(2) It is prohibited for an oil tanker that is carrying oil, crude oil or persistent oil, or any combination of the three, in an”

(c) by replacing line 4 on page 3 with the following:

“any oil, crude oil or persistent oil that is at a port or marine”

(d) by replacing lines 7 and 8 on page 3 with the following:

“tanker is carrying oil, crude oil or persistent oil, or any combination of the three, in an amount greater than 12 500”

(e) by replacing lines 10 and 11 on page 3 with the following:

“sult in the oil tanker carrying, at any time, oil, crude oil or persistent oil, or any combination of the three, in bulk in”

(f) by replacing line 14 on page 3 with the following:

“port, by water, any oil, crude oil or persistent oil – that an oil”

(g) by replacing line 20 on page 3 with the following:

“port, by water, any oil, crude oil or persistent oil from a port”

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.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-48, in Clause 4, be amended

(a) by replacing line 21 on page 2 with the following:

“in an amount greater than 3 200 metric tons, in bulk in”

(b) by replacing line 28 on page 2 with the following:

“amount greater than 3 200 metric tons, in bulk in its”

(c) by replacing line 8 on page 3 with the following:

“bination of the two, in an amount greater than 3 200”

(d) by replacing line 12 on page 3 with the following:

“its hold, in an amount greater than 3 200 metric tons.”

Debate arose thereon.

The question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Nathan Cullen moved, — That Bill C-48, in Clause 4, be amended

(a) by replacing line 21 on page 2 with the following:

“in an amount greater than 2 000 metric tons, in bulk in”

(b) by replacing line 28 on page 2 with the following:

“amount greater than 2 000 metric tons, in bulk in its”

(c) by replacing line 8 on page 3 with the following:

“bination of the two, in an amount greater than 2 000”

(d) by replacing line 12 on page 3 with the following:

“its hold, in an amount greater than 2 000 metric tons.”

Debate arose thereon.

The question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-48, in Clause 4, be amended by replacing lines 23 to 25 on page 2 with the following:

“tion that is on the coast of British Columbia.”

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.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also inadmissible:

That Bill C-48 be amended by replacing the long title on page 1 with the following:

“An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s coast”

Clause 4 carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 6,

Nathan Cullen moved, — That Bill C-48, in Clause 6, be amended by deleting lines 3 to 8 on page 4.

Debate arose thereon.

The question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-48, in Clause 6, be amended

(a) by replacing line 5 on page 4 with the following:

“to (3) on any terms that he or she con-”

(b) by replacing line 8 on page 4 with the following:

“industry resupply or is otherwise in the public interest as a result of emergency circumstances.”

(c) by adding after line 8 on page 4 the following:

“(1.1) An order made under subsection (1) expires one year after the day on which it is made or renewed, or on an earlier date specified in the order, unless the Minister, by order under subsection (1), renews it.”

(d) by replacing line 10 on page 4 with the following:

“order made under subsection (1). However, the order must be published in the Canada Gazette.”

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

Nathan Cullen moved, — That Bill C-48, in Clause 6, be amended

(a) by replacing lines 5 and 6 on page 4 with the following:

“to (3) on any terms for a period of one month, if he or she is of the opinion that the”

(b) by adding after line 8 on page 4 the following:

“(1.1) The Minister may renew the order made under subsection (1) for a further period that he or she considers appropriate only if the order has been published in the Canada Gazette.”

Debate arose thereon.

The question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Nathan Cullen moved, — That Bill C-48, in Clause 6, be amended by replacing line 9 on page 4 with the following:

“(2) The Statutory Instruments Act applies to an”

Debate arose thereon.

The question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Alistair MacGregor moved, — That Bill C-48, in Clause 6, be amended by deleting lines 9 and 10 on page 4.

Debate arose thereon.

The question was put on the amendment of Alistair MacGregor and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Sean Fraser moved, — That Bill C-48, in Clause 6, be amended by adding after line 10 on page 4 the following:

“(3) After making an order under subsection (1), the Minister must make it accessible to the public on the Internet or by any other means that he or she considers appropriate.”

Debate arose thereon.

The question was put on the amendment of Sean Fraser and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 6, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 7,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-48, in Clause 7, be amended by replacing line 12 on page 4 with the following:

“adapted to carry more than 3 200 metric tons of oil in”

The question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Alistair MacGregor moved, — That Bill C-48, in Clause 7, be amended by replacing line 12 on page 4 with the following:

“adapted to carry more than 2 000 metric tons of oil in”

Debate arose thereon.

The question was put on the amendment of Alistair MacGregor and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

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

By unanimous consent, Clauses 8 to 23 inclusive carried severally, by a show of hands: YEAS: 5; NAYS: 0.

On Clause 24,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-48, in Clause 24, be amended by replacing line 1 on page 14 with the following:

“24 (1) The Governor in Council may make regulations for the purpose of facilitating public access to information or documents relating to matters under this Act.

(2) The Governor in Council may, by regulation, amend”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Alistair MacGregor moved, — That Bill C-48, in Clause 24, be amended by adding after line 2 on page 14 the following:

“(2) If the Governor in Council proposes to amend the schedule to delete any oil or class of oils, the Minister must notify the public in any manner that he or she considers appropriate.”

Debate arose thereon.

At 5:24 p.m., the sitting was suspended.

At 5:25 p.m., the sitting resumed.

The Committee resumed consideration of the amendment of Alistair MacGregor, — That Bill C-48, in Clause 24, be amended by adding after line 2 on page 14 the following:

“(2) If the Governor in Council proposes to amend the schedule to delete any oil or class of oils, the Minister must notify the public in any manner that he or she considers appropriate.”

The debate continued.

The question was put on the amendment of Alistair MacGregor and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 24 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 25 to 31 inclusive carried severally, by a show of hands: YEAS: 6; NAYS: 0.

Clause 1, Short Title, carried by a show of hands: YEAS: 6; NAYS: 0.

Schedule 1 carried by a show of hands: YEAS: 6; NAYS: 0.

The Title carried by a show of hands: YEAS: 6; NAYS: 0.

The Bill, as amended, carried, by a show of hands: YEAS: 6; NAYS: 2.

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

ORDERED, — That Bill C-48, as amended, be reprinted for the use of the House at report stage.

At 5:30 p.m., the Committee adjourned to the call of the Chair.



Marie-France Lafleur
Clerk of the Committee