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MINUTES OF PROCEEDING
Meeting No. 5
Tuesday, November 18, 1997
The Standing Committee on Transport met at 3:34 o’clock p.m., this day, in Room 371, West Block, the Chair, Ray Bonin, presiding.
Members of the Committee present: Roy Bailey, Ray Bonin, Murray Calder, John Cannis, Bill Casey, Roy Cullen, Bev Desjarlais, Claude Drouin, Michel Guimond, Stan Keyes, Inky Mark and Lee Morrison.
Acting Members present: Sarkis Assadourian for Carolyn Parrish; Joe Fontana for Gerry Byrne; Yves Rocheleau for Paul Mercier; Guy Saint-Julien for Ivan Grose; and Bob Kilger for Carolyn Parrish.
In attendance: From the Research Branch of the Library of Parliament: John Christopher, Research Officer.
Witnesses: From the Department of Transport: Louis Ranger, Assistant Deputy Minister, Policy; Bruce Bowie, Director, Marine Policy; Randy Morriss, Director General, Harbours and Ports; and Barry Lepitre, General Counsel.
The Committee resumed consideration of its Order of Reference of Tuesday, October 21, 1997, relating to Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence (See Minutes of Evidence dated Tuesday, October28, 1997, Meeting No. 3).
The Chair called for clause by clause consideration of the bill.
Consideration of Clause 1 is postponed pursuant to Standing Order 75(1).
By unanimous consent, the following clauses were allowed to stand: Clauses 2, 5, 6, 8, 10, 12, 14, 15, 25, 27, 28, 29, 31, 37, 38, 45, 46, 48, 54, 56, 62, 63, 65, 72, 73, 74, 77, 80, 83, 84, 85, 87, 88, 89,96,97, 98, 101, 104, 105, 108, 127, 129, 132, 133, 136, 138, 139, 146, 148, 156, 157, 162, 182, 183, 184, 194, 204, 205 and the Schedule.
Clauses 3 and 4 carried.
Clause 7 carried.
Clause 9 carried.
Clause 11 carried.
Clause 13 carried.
Clauses 16 to 24 inclusive carried.
Clause 26 carried.
Clause 30 carried.
Clauses 32 to 36 inclusive carried.
Clauses 39 to 44 inclusive carried.
Clause 47 carried.
Clause 49 carried on division.
Clauses 50 to 53 inclusive carried.
Clause 55 carried.
Clauses 57 to 61 inclusive carried.
Clause 64 carried.
Clauses 66 to 71 inclusive carried.
Clauses 75 and 76 carried.
Clauses 78 and 79 carried.
Clauses 81 and 82 carried.
Clause 86 carried.
Clauses 90 to 95 inclusive carried.
Clauses 99 and 100 carried.
Clause 102 and 103 carried.
Clauses 106 and 107 carried.
Clauses 109 to 126 inclusive carried.
Clause 128 carried.
Clauses 130 and 131 carried.
Clauses 134 and 135 carried.
Clause 137 carried.
Clauses 140 to 145 inclusive carried.
Clause 147 carried.
Clauses 149 to 155 inclusive carried.
Clauses 158 to 161 inclusive carried.
Clauses 163 to 181 inclusive carried.
Clauses 185 to 193 inclusive carried.
Clauses 195 to 203 inclusive carried.
By unanimous consent the Committee reverted to stood clauses.
On Clause 2
Joe Fontana moved, - That Clause 2 be amended by replacing, in the English version,
line 33 on page 2 with the following:
"ship" means every description of vessel,
The question being put on the amendment, it was agreed to.
Clause 2, as amended, carried.
On Clause 5
Joe Fontana moved, - That Clause 5 be amended by adding after line 7 on page 4 the following:
""airport" means an airport situated in a port."
After debate, the question being put on the amendment, it was agreed to.
Clause 5, as amended, carried.
On Clause 6
Joe Fontana moved, - That Clause 6 be amended by replacing lines 26 to 29 on page 4 with the following:
"schedule by adding to Part 2 of it the names of new port authorities or by removing from the schedule the names of port authorities that are dissolved."
After debate, the question being put on the amendment, it was agreed to.
Clause 6, as amended, carried.
On Clause 8
Lee Morrison moved. - That Clause 8 be amended by replacing line 4 on page 6 with the following:
"(f) The number of directors, between five"
After debate, the question being put on the amendment, it was negatived on the following division:
YEAS: Roy Bailey, Bill Casey, Bev Desjarlais, Michel Guimond, Inky Mark, Lee Morrison, Yves Rocheleau (7)
NAYS: Sarkis Assadourian, Murray Calder, John Cannis, Roy Cullen, Claude Drouin, Joe Fontana, Stan Keyes, Guy Saint-Julien (8)
Lee Morrison moved, - That Clause 8 be amended by replacing line 5 on page 6 with the following:
"and nine, to be appointed under section"
After debate, the question being put on the amendment, it was negatived.
Lee Morrison moved, - That Clause 8 be amended by
(a) deleting lines 26 to 31 on page 6.
(b) adding, after line 4 on page 7, the following:
"(2.1) In order to maintain their letters patent in good standing, port authorities shall pay each year to the Minister a charge calculated on revenues net of operating expenses and legal and financial obligations. The rate of the charge shall be set from time to time by the Governor in Council and shall be applied equally to all port authorities."
After debate, the question being put on the amendment, it was negatived on the following division:
YEAS: Roy Bailey, Bill Casey, Bev Desjarlais, Michel Guimond, Inky Mark, Lee Morrison, Yves Rocheleau (7)
NAYS: Sarkis Assadourian, Murray Calder, John Cannis, Roy Cullen, Claude Drouin, Joe Fontana, Stan Keyes, Guy Saint-Julien (8)
Clause 8 carried, on division.
On Clause 10
Bill Casey moved, - That Clause 10 be amended by deleting lines 1 to 6 on page 8.
After debate, the question being put on the amendment, it was negatived.
Lee Morrison moved, - That Clause 10 be amended by replacing lines 2 to 4 on page 8 with the following:
"of continuance in respect of a harbour commission constituted pursuant to The Harbour Commissions Act, The Hamilton Harbour Commissioners ’ Act, The Toronto Harbour Commissioners ’ Act, 1911 or the Toronto Harbour Commissioners ’ Act, 1985"
After debate, the question being put on the amendment, it was negatived.
Stan Keyes moved, - That Clause 10 be amended by replacing lines 16 to 19 on page 8 with the following:
"(d) the following Acts cease to apply, namely:
(i) in respect of the Hamilton Port Authority, The Hamilton Harbour Commissioners’ Act, The Hamilton Harbour Commissioners Act, 1951 and The Hamilton Harbour Commissioners Act, 1957,
(ii) in respect of the Toronto Port Authority, The Toronto Harbour Commissioners Act, 1911 and the Toronto Harbour Commissioners Act, 1985, and
(iii) in respect of any other port authority that was one or more harbour commissions, the Harbour Commissioners Act."
The question being put on the amendment, it was agreed to.
Stan Keyes moved, -- That Clause 10 be amended
(a) by replacing line 31 on page 7 with the following:
"10. (1) If the"
(b) by striking out lines 1 to 6 on page 8.
The question being put on the amendment, it was agreed to.
Clause 10, as amended, carried.
On Clause 12
Roy Cullen moved, - That Clause 12 be amended by replacing lines 29 to 35 on page 9 with the following:
"12. (1) A port authority set out in an item of Part 1 of the schedule is automatically continued or deemed to be incorporated under section 8 on the day on which that item comes into force and the Minister shall issue to it letters patent that set out the information required by subsection 8(2)."
After debate, the question being put on the amendment, it was agreed to.
Clause 12, as amended, carried.
On Clause 14
Lee Morrison moved, - That Clause 14 be amended by replacing lines 4 to 7 on page 13 with the following:
"remaining individuals from a list provided by the users or the classes of users mentioned in the letters patent and, where applicable, labour unions."
After debate, the question being put on the amendment, it was negatived on the following division.
YEAS: Roy Bailey, Inky Mark, Lee Morrison (3)
NAYS: Sarkis Assadourian, Murray Calder, John Cannis, Bill Casey, Roy Cullen, Bev Desjarlais, Claude Drouin, Joe Fontana, Michel Guimond, Guy Saint-Julien (10)
Stan Keyes moved, - That Clause 14 be amended by replacing lines 23 to 27 on page 13 with the following:
"(6) Subject to the letters patent, a majority of the directors in office constitutes a quorum at any meeting of directors and a"
After debate, the question being put on the amendment, it was agreed to.
Clause 14, as amended, carried.
On Clause 15
Lee Morrison moved, - That Clause 15 be amended by replacing lines 30 to 36 on page 13 with the following:
"15. Directors of a port authority shall be individuals who, in the opinion of the Minister, have the knowledge, experience or stature within the transportation industry or business communities required to discharge their functions as directors or are representatives of national, regional or local interests."
After debate, the question being put on the amendment, it was negatived.
Joe Fontana moved, - That Clause 15 be amended by replacing line 30 on page 13 with the following:
"15. (1) The directors of a port authority appointed under any of paragraphs 14(1)(a) to (c) shall have generally acknowledged and accepted stature within the transportation industry or the business community.
(2) The directors of a port authority appointed under paragraph 14(1)(a) shall have"
After debate, the question being put on the amendment, it was agreed to.
Clause 15, as amended, carried.
On Clause 27
Roy Cullen moved, - That Clause 27 be amended by replacing lines 17 to 30 on page 17 with the following:
"27. (1) For the purposes of this Part, the Governor in Council may make regulations for the corporate management and control of port authorities or wholly-owned subsidiaries (of port authorities, including regulations
(a) adapting any provision of the Canada Business Corporations Act and any regulations made under that Act, including provisions imposing punishment, for the purpose of applying those provisions as adapted to port authorities;
(b) prescribing, for the purposes of section 32, categories of investments in which a port authority may invest;
(c) respecting the preparation, form and content of the documents referred to in paragraphs 37(2)(a) to (a) and the information referred to in subsection 37(3);
(d) prescribing the remuneration threshold for the purposes of paragraph 37(3)(c) and the method of determining that threshold;
(e) respecting the insurance coverage that a port authority and a wholly-owned subsidiary of a port authority must maintain; and
(f)respecting the imposition of obligations on a port authority or a wholly-owned subsidiary of a port authority, as an agent of Her Majesty in right of Canada, including any requirements for a port authority or a wholly-owned subsidiary of a port authority to indemnify Her Majesty.
(2) A regulation made under subsection (1) may apply to only one port authority or wholly- owned subsidiary of a port authority.
(3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province."
After debate, the question being put on the amendment, it was agreed to.
Clause 27, as amended, carried.
On Clause 28
Lee Morrison moved, - That Clause 28 be amended by replacing line 33 on page 19 with the following:
"may not reinstitute the use, unless approved by the Minister."
After debate, the question being put on the amendment, it was negatived.
Clause 28 carried.
On Clause 29
Stan Keyes moved, - That Clause 29 be amended
(a) by replacing line 31 on page 20 with the following:
"29. (1) Subject to its letters patent, to any other Act and to any"
(b) by replacing lines 1 to 4 on page 21 with the following:
"(2) A railway referred to in paragraph (1)(a) is not subject to Part III of the Canada Transportation Act but the Governor in Council may make regulations applying any provision of the Railway Safety Act and any regulations made under that Act to such a railway.
(3) Subject to its letters patent, to any other Act, to any regulations made under any other Act and to any agreement with the Government of Canada that provides otherwise, a port authority that operates an airport shall do so at its own expense."
The question being put on the amendment, it was agreed to.
Clause 29, as amended, carried.
On Clause 31
Lee Morrison moved, - That Clause 31 be amended by replacing lines 18 to 25 on page 21 with the following:
"(3) A port authority may pledge its revenues, and create a security interest in fixtures on federal property, and with ministerial approval, may mortgage, hypothecate, pledge or otherwise create a security interest in the federal real property it manages."
After debate, the question being put on the amendment, it was negatived.
Stan Keyes moved, - That Clause 31 be amended by replacing line 28 on page 21 with the following:
"charge on the property or fixtures mentioned in that subsection to secure"
The question being put on the amendment, it was agreed to.
Clause 31, as amended, carried.
On Clause 37
Roy Cullen moved, - That Clause 37 be amended by deleting lines 41 and 42 on page 23 and lines 1 to 7 on page 24.
The question being put on the amendment, it was agreed to.
Clause 37, as amended, carried.
On Clause 38
Joe Fontana moved, - That Clause 38 be amended by striking out lines 20 to 26 on page 24.
By unanimous consent, the Committee agreed that Clause 38 be deleted.
Clause 38 deleted.
On Clause 45
Roy Cullen moved, - That Clause 45 be amended by replacing lines 11 and 12 on page 27 with the following:
"federal real property that is administered by
(a) the Minister under subsection (1); or
(b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member."
After debate, the question being put on the amendment, it was agreed to.
Clause 45, as amended, carried.
On Clause 46
Lee Morrison moved, - That Clause 46 be amended by replacing line 16 on page 28 with the following:
"for such a lease or licence or, with the approval of the Minister, for a longer term."
After debate, the question being put on the amendment, it was negatived.
Clause 46 carried.
On Clause 48
Roy Cullen moved, - That Clause 48 be amended by replacing lines 1 to 10 on page 29 with the following:
"48. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, to which regulations made under section 63 of this Act apply."
The question being put on the amendment, it was agreed to.
Clause 48, as amended, carried.
On Clause 54
Roy Cullen moved, - That Clause 54 be amended by replacing lines 3 and 4 on page 33 with the following:
"confidential, to accept fees in respect of the persons and things set out in paragraphs 50(1 )(a) to (c) that are different from the fees fixed under those paragraphs."
The question being put on the amendment, it was agreed to.
Clause 54, as amended, carried.
On Clause 56
Roy Cullen moved, - That Clause 56 be amended
(a) by replacing line 12 on page 33 with the following:
"regulations made under paragraph 27(1 )(a) and"
(b) by replacing, in the French version, line 25 on page 33 with the following:
"éléments d’actif sont remis à Sa Majesté du"
The question being put on the amendment, it was agreed to.
Clause 56, as amended, carried.
On Clause 62
Lee Morrison moved, - That Bill C-9 be amended by adding after line 33, on page 38, the following:
"62.1 Each individual port authority is responsible for the payment of any port policing costs beyond the community norms which are borne by municipal or regional police forces following proclamation of this Act. Should agreement not be reached on what annual payment, if any, should be made, the matter will be sent before the Canada Transportation Agency for arbitration."
After debate, the question being put on the amendment, it was negatived.
Clause 62 carried.
On Clause 63
Roy Cullen moved, - That Clause 63 be amended by
(a) replacing lines 5 to 7 on page 39 with the following:
"navigable waters in a port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships;"
(b) replacing lines 9 to 11 on page 39 with the following:
"a port, including the regulation or prohibition of equipment, structures, works and"
(c) replacing lines 14 and 15 on page 39 with the following:
"any ship, part of a ship, structure, work or other thing that interferes with navigation in a port and provision for the recovery of"
(d) replacing lines 31 to 44 on page 39 with the following:
"danger or hazard to life or property; and
(h) the stewardship obligation of a port authority in respect of federal real property under the management of the port authority."
The question being put on the amendment, it was agreed to.
Clause 63, as amended, carried.
On New Clause 63.1
Roy Cullen moved, - That Bill C-9 be amended by adding after line 16 on page 40 the following:
"63.1(1) A port authority has, in respect of the operation of an airport, the power to enforce regulations made by the Minister for the purpose of providing unobstructed airspace for the landing and taking off of aircraft at the airport.
(2) Subject to its letters patent, a port authority
(a) shall make regulations in accordance with any agreement entered into by it with respect to an airport before the coming into force of this subsection; and
(b) may make regulations with the approval of the Governor in Council if there is no such agreement.
(3) The regulations referred to in subsection (2) are for the regulation and control of the airport and all persons engaged in the operation of aircraft at the airport, including regulations prohibiting the landing or taking off of aircraft of a certain type or aircraft exhibiting a certain characteristic.
(4) A regulation made under subsection (2) may be made binding on Her Majesty in right of Canada or a province.
(5) Subject to subsection 50(6), any regulations made with respect to an airport before the coming into force of subsection (2) by a body that becomes a port authority under section 12 shall, to the extent that they are compatible with this Act, continue in force for a period ending on the earlier of
(a) the expiration of 12 months after letters patent are issued in respect of the port authority, and
(b) the date on which regulations to replace them are made under subsection (2) with respect to the airport."
The question being put on the amendment, it was agreed to.
New Clause 63.1 carried.
On Clause 65
Roy Cullen moved, - That Clause 65 be amended by adding after line 22 on page 41 the following:
"(7) A termination order made under subjection 8(2) of the Public Harbours and Port Facilities Act is deemed to be a regulation made under subsection (6) and continues in force until it is repealed under the latter subsection."
The question being put on the amendment, it was agreed to.
Clause 65, as amended, carried.
On Clause 72
Roy Cullen moved, - That Clause 72 be amended by replacing line 29 on page 44 with the following:
"(7) The Minister shall, for each of the four"
The question being put on the amendment, it was agreed to.
Clause 72, as amended, carried.
On Clause 73
Joe Fontana moved, - That Clause 73 be amended by replacing lines 1 to 7 on page 45 with the following:
"73. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, to which regulations made under section 74 of this Act apply."
The question being put on the amendment, it was agreed to.
Clause 73, as amended, carried.
On Clause 74
Roy Cullen moved, - That Clause 74 be amended
(a) by replacing lines 15 to 19 on page 45 with the following:
"ing and loading and unloading of ships and equipment for the loading and unloading of ships;
(b) the use and environmental protection of public ports and public port facilities, including the regulation or prohibition of equipment, structures works and operations;"
(b) by replacing lines 21 and 22 on page 45 with the following:
"any ship, part of a ship, structure, work or other thing that interferes with navigation within the limits of a public port and provision for the recovery of"
(c) by striking out lines 24 and 25 on page 45;
(d) by replacing, in the French version, line 32 on page 45 with the following:
"ces ports ou aux installations;"
(e) by replacing, in the French version, line 35 on page 45 with the following:
"ou aux installations;"
(f) by replacing lines 41 to 43 on page 45 with the following:
"the limits of a public port or at a public port facility, of explosives or other"
The question being put on the amendment, it was agreed to.
Clause 74, as amended, carried.
On Clause 77
Joe Fontana moved, - That Clause 77 be amended by replacing lines 1 to 4 on page 47 with the following:
"77. The definitions in this section apply in this Part.
"Authority"
" Administration "
"Authority" means The St. Lawrence Seaway Authority established by subsection 3(1) of the St. Lawrence Seaway Authority Act.
"not-for-profit corporation"
" société sans but lucratif "
"not-for-profit corporation" means a not-for-profit corporation described in subsection 80(5)."
The question being put on the amendment, it was agreed to.
Clause 77, as amended, carried.
On Clause 80
Roy Cullen moved, - That Clause 80 be amended by replacing lines 15 to 18 on page 50 with the following:
"include
(a) a clause providing for the termination of the agreement in the event of the establishment
of a body under an international agreement in respect of the Seaway; and
(b) a clause providing for the protection of the rights of privacy of persons affected by the agreement and, in that regard, may include a clause requiring the not-for-profit corporation or other person to obligate itself to provide for privacy protection in its contracts with or in respect of affected persons, including employment contracts and collective agreements."
The question being put on the amendment, it was agreed to.
Clause 80, as amended, carried.
On Clause 83
Joe Fontana moved, - That Clause 83 be amended
(a) by replacing lines 22 and 23 on page 51 with the following:
"83. (1) A not-for profit corporation shall each year hold a"
(b) by replacing, in the French version, line 43 on page 51 with the following:
"(3) La société veille"
The question being put on the amendment, it was agreed to.
Clause 83, as amended, carried.
On Clause 84
Joe Fontana moved, - That Clause 84 be amended by replacing lines 7 and 8 on page 52 with the following:
"84. (1) A not-for-profit corporation shall make available for"
The question being put on the amendment, it was agreed to.
Clause 84, as amended, carried.
On Clause 85
Joe Fontana moved, - That Clause 85 be amended
(a) by replacing lines 34 and 35 on page 52 with the following:
"85. (1) A not-for-profit corporation shall, in respect of its"
(b) by replacing, in the French version, line 2 on page 53 with the following:
"société veille, dans la mesure du possi-"
The question being put on the amendment, it was agreed to.
Clause 85, as amended, carried.
On Clause 87
Joe Fontana moved, - That Clause 87 be amended by replacing lines 18 and 19 on page 53 with the following:
"87. (1) A not-for-profit corporation shall have a special"
The question being put on the amendment, it was agreed to.
Clause 87, as amended, carried.
On Clause 88
Joe Fontana moved, - That Clause 88 be amended
(a) by replacing, in the French version, line 8 on page 54 with the following:
"à la société sans but lucratif."
(b) by replacing lines 18 and 19 on page 54 with the following:
"(3) A not-for-profit corporation shall, as soon as is"
(c) by replacing, in the French version, line 25 on page 54 with the following:
"(4) La société est tenue de mettre à la"
The question being put on the amendment, it was agreed to.
Clause 88, as amended, carried.
On Clause 89
Joe Fontana moved, - That Clause 89 be amended by replacing lines 30 and 31 on page 54 with the following:
"chosen by a not-for-profit corporation should carry out"
The question being put on the amendment, it was agreed to.
Clause 89, as amended, carried.
On Clause 96
Roy Cullen moved, - That Clause 96 be amended by replacing, in the French version, line 33 on page 57 with the following:
"dissolution, tous ses éléments d'actif et ses obligations sont"
The question being put on the amendment, it was agreed to.
Clause 96, as amended, carried.
On Clause 97
Joe Fontana moved, - That Clause 97 be amended by replacing lines 18 to 26 on page 58 with the following:
"(2) A not-for-profit corporation shall maintain its head office, including Corporate Services in respect of its Seaway operations, at Cornwall, Ontario."
The question being put on the amendment, it was agreed to.
Clause 97, as amended, carried.
On Clause 98
Roy Cullen moved. - That Clause 98 be amended by replacing lines 27 to 37 on page 58 with the following:
"98. (1) The Governor in Council may make regulations for the management, control, development and use of the Seaway and property and undertakings in connection with the Seaway, including regulations respecting
(a) the navigation and use by ships of the navigable waters of the Seaway, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships;
(b) the use and environmental protection of the Seaway or any land used in connection with the Seaway, including the regulation or prohibition of equipment, structures, works and operations;
(c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation in the Seaway and the provision for the recovery of the costs incurred;
(d) the maintenance of order and the safety of persons and property in the Seaway or on any land used in connection with the Seaway;
(e) the regulation of persons, vehicles or aircraft in the Seaway or on any land used in connection with the Seaway;
(f)the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability or operation of the Seaway or to affect any of the lands adjacent to the Seaway; and
(g) the regulation or prohibition of the transportation, handling or storing in the Seaway, or on any land used in connection with the Seaway, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property.
(2) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.
(3) Regulations made by the Authority under section 20 of the &. Lawrence Seaway Authority Act are, to the extent that they are compatible with this Act, deemed to have been made by the Governor in Council under this section."
The question being put on the amendment, it was agreed to.
Clause 98, as amended, carried.
On Clause 101
Joe Fontana moved, - That Clause 101 be amended by replacing lines 22 to 29 on page 59 with the following:
"101. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, to which regulations made under section 98 of this Act apply."
The question being put on the amendment, it was agreed to.
Clause 101, as amended, carried.
On Clause 104
Roy Cullen moved, - That Clause 104 be amended by adding after line 28 on page 60 the following:
"(3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province."
The question being put on the amendment, it was agreed to.
Clause 104, as amended, carried.
On Clause 105
Roy Cullen moved, - That Clause 105 be amended by replacing lines 29 to 31 on page 60 with the following:
"105. (1) The Governor in Council may make regulations generally for carrying out the purposes of this Act.
(2) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province."
The question being put on the amendment, it was agreed to.
Clause 105, as amended, carried.
On Clause 108
Roy Cullen moved, - That Clause 108 be amended
(a) by replacing lines 18 to 20 on page 61 with the following:
"enforcement officer for any of the purposes of this Act or the regulations and shall furnish each person so designated with a certificate of designation setting out the purposes and areas for which the enforcement officer is designated."
(b) by replacing line 22 on page 61 with the following:
"is in respect of any of the following areas:"
The question being put on the amendment, it was agreed to.
Clause 108, as amended, carried.
On Clause 127
Roy Cullen moved, - That Clause 127 be amended by replacing line 20 on page 73 with the following:
"regulations made under paragraph 27(1 )(a) is"
The question being put on the amendment, it was agreed to.
Clause 127, as amended, carried.
On Clause 129
Joe Fontana moved, - That Clause 129 be amended
(a) by replacing line 8 on page 74 with the following:
"under paragraph 27(1)(a), a court in which"
(b) by replacing line 17 on page 74 with the following:
"regulations made under paragraph 27(l)(a)."
The question being put on the amendment, it was agreed to.
Clause 129, as amended, carried.
On Clause 132
Bill Casey moved, - That Bill C-9 be amended by adding after line 2, on page 75, the following:
"132.1(1) Any person who is employed by a local port corporation and on the date of coming into force of this Act, is a contributor under the Public Service Superannuation Act, and who remains an employee of the port authority continued under section 12, may elect to remain subject, in the manner and to the extent provided by the regulations made under subsection (2), to the terms of the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts.
(2) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of subsection (1)."
After debate, the question being put on the amendment, it was negatived.
Clause 132 carried on division.
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On Clause 133
Bev Desjarlais moved, - That Bill C-9 be amended by adding after line 15, on page 75, the following:
"133.1 (1) Any person who is employed by the St. Lawrence Seaway Authority, a local port corporation or a harbour commission and on the date of coming into force of this Act, is a contributor under the Public Service Superannuation Act, and who remains an employee of the not-for-profit corporation under subsection 80(5), or the port authority continued under section 10 or 12, may elect to remain subject, in the manner and to the extent provided by the regulations made under subsection (2), to the terms of the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts.
(2) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of subsection (1)."
After debate, the question being put on the amendment, it was negatived on the following division.
YEAS: Roy Bailey, Bev Desjarlais, Michel Guimond, Inky Mark, Lee Morrison (5)
NAYS: Murray Calder, John Cannis, Roy Cullen, Claude Drouin, Stan Keyes, Bob Kilger, Guy Saint-Julien (7)
Clause 133 carried.
On Clause 136
Roy Cullen moved, - That Clause 136 be amended
(a) by replacing line 9 on page 76 with the following:
"136. (1) The Minister may, on behalf of Her"
(b) by replacing line 20 on page 76 with the following:
"employment is continued under subsection 135(2)."
(c) by adding the following after line 20 on page 76:
"(2) For the purposes of the Government Employees Compensation Act, the employees referred to in subsection (1) are deemed to be employees of the public service of Canada."
The question being put on the amendment, it was agreed to.
Clause 136, as amended, carried.
On Clause 138
Roy Cullen moved, - That Clause 138 be amended by replacing line 31 on page 76 with the following:
"subsection 136(1), after the date of the repeal of the"
The question being put on the amendment, it was agreed to.
Clause 138, as amended, carried.
On New Clause 138.1
Roy Cullen moved, - That Bill C-9 be amended by adding after line 32 on page 76 the following:
"138.1 For the purposes of section 40.1 of the Public Service Superannuation Act, the continuance or incorporation of a local port corporation or a non-corporate port as a port authority under section 12 is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person."
The question being put on the amendment, it was agreed to.
New Clause 138.1 carried.
On Clause 139
Joe Fontana moved, - That Clause 139 be amended by replacing, in the French version, line 39 on page 76 with the following:
"ments d'actif et les obligations de la Société sont remis à Sa"
The question being put on the amendment, it was agreed to.
Clause 139, as amended, carried.
On New Clause 146.1
Roy Cullen moved, - That Bill C-9 be amended by adding after line 34 on page 78 the following:
"146.1 Section 11 of the Act is replaced by the following:
11. On the expiration of the term of office of a member of an Authority, the member is eligible for reappointment in the same or another capacity."
The question being put on the amendment, it was agreed to.
New Clause 146.1 carried.
On Clause 148
Lee Morrison moved, - That Clause 148 be amended
(a) by replacing line 14 on page 79 with the following:
"148. (1) The Act is amended by adding the"
(b) by adding after line 11 on page 80 the following:
"(2) Section 18 of the Act is renumbered as subsection 18(1), and a new subsection 18(2) added as follows:
(2) An Authority shall take measures to permit masters and officers of Canadian flag ships to obtain pilotage certificates to perform pilotage duties of the ship on which they are a regular member of the complement.
(3) The portion of subsection 22(1) of the Act following subparagraph (b) in the English version is replaced as follows:
issue a license or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the area comparable to that required of an applicant for a license for that compulsory pilotage area.
(4) Section 22 of the Act is amended by adding the following after subsection 22(1):
(1.1) Determination of whether an applicant for a pilotage certificate has comparable skill and knowledge to an applicant for a license, may be made through a ship simulator testing program or other mutually agreeable practical testing method.’’
After debate, the question being put on the amendment, it was negatived by the following division:
YEAS: Roy Bailey, Inky Mark, Lee Morrison (3)
NAYS: Murray Calder, John Cannis, Roy Cullen, Bev Desjarlais, Michel Guimond, Stan Keyes, Bob Kilger, Claude Drouin, Guy Saint-Julien (9)
Stan Keyes moved, - That Clause 148 be amended
(a) by replacing lines 25 to 28 on page 79 with the following:
"(2) The Minister shall choose the mediator or arbitrator if the parties cannot agree on one or if the one they choose is unavailable."
(b) by replacing line 41 on page 79 with the following:
"choose one or other of the final offers in its entirety."
(c) by replacing lines 2 to 4 on page 80 with the following:
"is final and binding and becomes part of the new contract for services that is effective on the day after the former contract expires.
(4) The parties to the contract shall share equally the cost of the fees of the mediator or arbitrator."
The question being put on the amendment, it was agreed to.
Clause 148, as amended, carried.
On Clause 156
Lee Morrison moved, - That Clause 156 be amended by
(a) replacing line 16 on page 82 with the following:
"156. (1) Section 49 of the Act is replaced by"
(b) adding, after line 20 on page 82, the following:
"(2) Section 52 of the Act is amended by adding the following after subsection 52(a):
(a.1) prescribing requirements for the approval of simulator training courses or other mutually agreeable practical testing methods for the issuing of pilotage authorities.’’
The question being put on the amendment, it was negatived.
Clause 156 carried.
On Clause 157
Roy Cullen moved, - That Clause 157 be amended by replacing line 25 on page 82 with the following:
"persons affected, at the latest one year after the coming into force of this section,"
The question being put on the amendment, it was agreed to.
Clause 157, as amended, carried.
On Clause 162
Stan Keyes moved, - That Clause 162 be amended by adding after line 4 on page 84 the following:
"North Fraser Port Authority
Administration portuaire du North-Fraser"
The question being put on the amendment, it was agreed to.
Stan Keyes moved, - That Clause 162 be amended by adding after line 4 on page 84 the following:
"Hamilton Port Authority
Administration portuaire de Hamilton"
The question being put on the amendment, it was agreed to.
Clause 162, as amended, carried.
On New Clause 182.1
Stan Keyes moved, - That Bill C-9 be amended by adding before line 26 on page 90 under the heading "Municipal Grants Act" the following:
"182.1 The Municipal Grants Act is amended by adding the following after section 15:
16. Notwithstanding anything in this Act or any regulation made under this Act, a grant in lieu of a real property tax that may be made under this Act in respect of any real property managed or held by a port authority mentioned in subsection 10(1) or 12(2) of the Canada Marine Act shall not exceed the following:
(a) for a taxation year beginning in 1999, 25 per cent of the grant that may, but for this section, be made under this Act;
(b) for a taxation year beginning in 2000, 50 per cent of the grant that may, but for this section, be made under this Act; and
(c) for a taxation year beginning in 2001, 75 per cent of the grant that may, but for this section, be made under this Act."
The question being put on the amendment, it was agreed to.
New Clause 182.1 carried.
On Clause 183
Stan Keyes moved, - That Clause 183 be amended by replacing lines 26 to 28 on page 90 with the following:
"183. Schedule III to the Act is amended by striking out the following:"
The question being put on the amendment, it was agreed to.
Clause 183, as amended, carried.
On Clause 184
Stan Keyes moved, - That Clause 184 be amended by adding after line 6 on page 91 the following:
"North Fraser Port Authority
Administration portuaire du North-Fraser"
The question being put on the amendment, it was agreed to.
Stan Keyes moved, - That Clause 184 be amended by adding after line 2 on page 91 the following:
"Hamilton Port Authority
Administration portuaire de Hamilton"
The question being put on the amendment, it was agreed to.
Clause 184, as amended, carried.
On Clause 194
Stan Keyes moved, - That Clause 194 be amended by adding after line 26 on page 93 the following:
"North Fraser Port Authority
Administration portuaire du North-Fraser"
The question being put on the amendment, it was agreed to.
Clause 194, as amended, carried.
On New Clause 204.1
Joe Fontana moved, - That Bill C-9 be amended adding after line 33 on page 94 the following:
"204.1 The Toronto Harbour Commissioners' Act, 1985, chapter 10 of the Statutes of Canada, 1986, is repealed."
The question being put on the amendment, it was agreed to.
New Clause 204.1 carried.
On Clause 205
Stan Keyes moved, - That Clause 205 be amended by replacing line 2 on page 95 with the following:
"comes into force on the later of January 1, 1999 and 150 days after the day on"
The question being put on the amendment, it was agreed to.
Stan Keyes moved, - That Clause 205 be amended.
(a) by replacing line 9 on page 95 with the following:
"(2) Part 3, or "
(b) by striking out lines 17 to 22 on page 95.
The question being put on the amendment, it was agreed to.
Stan Keyes moved, - That Clause 205 be amended
(a) by replacing lines 10 and 11 on page 95 with the following:
"any of its provisions, sections 141, 142, 146 and 158, subsection 159(2), sections"
(b) by replacing line 14 on page 95 with the following:
"203 to 204.1 and any items of the schedule come into force on a day or days"
The question being put on the amendment, it was agreed to.
Clause 205, as amended, carried.
On the Schedule
Stan Keyes moved, - That the schedule to Bill C-9 be replaced with the following:
SCHEDULE
(Section 6 and subsection 12(1))
PART 1
INITIAL PORT AUTHORITIES
Item Port Authorities
1. Fraser River Port Authority
2. Halifax Port Authority
3. Hamilton Port Authority
4. Montreal Port Authority
5. Nanaimo Port Authority
6. North Fraser Port Authority
7. Port Alberni Port Authority
8. Prince Rupert Port Authority
9. Quebec Port Authority
10. Saguenay Port Authority
11. Saint John Port Authority
12. Sept-Îles Port Authority
13. St. John's Port Authority
14. Thunder Bay Port Authority
15. Toronto Port Authority
16. Trois Rivières Port Authority
17. Vancouver Port Authority
18. Windsor Port Authority
PART 2
PORT AUTHORITIES THAT ARE NOT INITIAL PORT AUTHORITIES
Clause 1 carried.
The Title carried.
The Bill, as amended, carried.
ORDERED, - That the Bill, as amended, be reprinted, as a working copy for the use of the House of Commons at the report stage.
ORDERED, - That the Chairman report Bill C-9, with amendments, to the House.
At 8:02 o’clock p.m., the Committee adjourned to the call of the Chair. |