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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 90
Wednesday, November 22, 2023, 7:33 p.m. to 9:36 p.m.
Televised
Presiding
Peter Schiefke, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Alexandre Lafrenière, Analyst
Canada Border Services Agency
• Cathy Toxopeus, Director General, Transformation, Planning and Projects
• Shawn Zinck, Manager, Traveller, Commercial and Trade Policy Directorate
Department of Transport
• Sonya Read, Director General, Marine Policy
• Heather Moriarty, Director, Ports Policy
• Aiden Ryan, Director, Marine Security Operations
• Rachel Heft, Manager and Senior Counsel, Transport and Infrastructure Legal Services
• Amy Kaufman, Counsel
Pursuant to the order of reference of Tuesday, September 26, 2023, the committee resumed consideration of Bill C-33, An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 61 of the Bill.

The committee resumed consideration of the subamendment of Joyce Murray, — That the amendment be amended by replacing the word “environment” with the word “marine ecosystem”.

After debate, the question was put on the subamendment of Joyce Murray and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

The question was put on the amendment of Taylor Bachrach, as amended, and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Taylor Bachrach moved, — That Bill C-33, in Clause 61, be amended by replacing line 25 on page 41 with the following:

“(a.‍1) to remain outside of the area described in the schedule or outside of any other area specified by the”

Debate arose thereon.

Vance Badawey moved, — That the amendment be amended by adding after the words “specified by the” the following: “Minister, except in cases in which the minister determines no other safe option exists.”.

At 8:03 p.m., the sitting was suspended.

At 8:12 p.m., the sitting resumed.

After debate, the question was put on the subamendment of Vance Badawey and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

The question was put on the amendment of Taylor Bachrach, as amended, and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Taylor Bachrach moved, — That Bill C-33, in Clause 61, be amended by adding after line 26 on page 41 the following:

“(1.1) Section 16 of the Act is amended by adding the following after subsection (1):

(1.1) If a vessel has been anchored in the area described in the schedule for more than 14 days, the Minister shall direct the vessel to proceed, in accordance with any instructions the Minister may give regarding the route and manner of proceeding, to a place specified by the Minister that is outside of the area and to remain outside of the area for a period specified by the Minister.”

At 8:21 p.m., the sitting was suspended.

At 8:28 p.m., the sitting resumed.

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Clause 61, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

On Clause 62,

Xavier Barsalou-Duval moved, — That Bill C-33, in Clause 62, be amended

(a) by replacing line 6 on page 44 with the following:

“17.‍4 (1) If there is an”

(b) by adding after line 7 on page 45 the following:

“(7) For greater certainty, for the judicial review of a direction made under subsection (1), the correctness standard applies to determine whether there was an immediate threat to the security of marine transportation, including to any person, goods, vessel or marine facility, or to the health of persons involved in the marine transportation system.”

After debate, the question was put on the amendment of Xavier Barsalou-Duval and it was negatived on the following recorded division:

YEAS: Xavier Barsalou-Duval, Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 5;

NAYS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 6.

Clause 62 carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

By unanimous consent, Clauses 63 to 85 inclusive carried severally on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

On new Clause 85.1,

Taylor Bachrach moved, — That Bill C-33 be amended by adding after line 22 on page 56 the following new clause:

“85.1 The Act is amended by adding, after section 51, the schedule set out in the schedule to this Act.”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

By unanimous consent, Clauses 86 to 99 inclusive carried severally on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

On Clause 100,

Taylor Bachrach moved, — That Bill C-33, in Clause 100, be amended

(a) by replacing line 6 on page 67 with the following:

“community in which a port or harbour is located or in proximity to which vessels are regularly anchored;”

(b) by replacing line 14 on page 67 with the following:

“chains as well as the protection of the environment and the well-being of the communities in proximity to which vessels are regularly anchored;”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Pursuant to the order adopted by the committee on Thursday, December 16, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-33, in Clause 100, be amended by replacing line 13 on page 67 with the following:

“age, in order to protect the marine environment, to respect the rights of Indigenous peoples and to promote the efficiency of supply”

After debate, the question was put on the amendment of Elizabeth May and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Taylor Bachrach moved, — That Bill C-33, in Clause 100, be amended by adding after line 14 on page 67 the following:

“(f.3) reduce greenhouse gas emissions from the operation of ports;

(f.4) protect the marine environment; ”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Clause 100, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

On new Clause 100.1,

Xavier Barsalou-Duval moved, — That Bill C-33 be amended by adding after line 14 on page 67 the following new clause:

“100.1 (1) Subsection 7(1) of the Act is replaced by the following:

7 (1) Subject to subsection (3), a port authority or an entity referred to in subsection 28(2.1) is an agent of His Majesty in right of Canada only for the purposes of engaging in the port activities referred to in paragraph 28(2)(a).

(2) Subsection 7(3) of the Act is replaced by the following:

(3) A port authority, an entity referred to in subsection 28(2.1) or a wholly-owned subsidiary of a port authority must not borrow money as an agent of His Majesty in right of Canada.”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Xavier Barsalou-Duval appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Vance Badawey, Angelo Iacono, Annie Koutrakis, Damien C. Kurek, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 9;

NAYS: Taylor Bachrach, Xavier Barsalou-Duval — 2.

On Clause 101,

Mark Strahl moved, — That Bill C-33, in Clause 101, be amended

(a) by replacing lines 20 and 21 on page 67 with the following:

“(2) Subparagraph 8(2)‍(f)‍(iii) of the Act is replaced by the following:”

(b) by deleting lines 22 and 23 on page 67.

After debate, the question was put on the amendment of Mark Strahl and it was negatived on the following recorded division:

YEAS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4;

NAYS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7.

Taylor Bachrach moved, — That Bill C-33, in Clause 101, be amended

(a) by replacing line 20 on page 67 with the following:

“(2) Subparagraphs 8(2)‍(f)‍(ii) to (iv) of the Act”

(b) by adding after line 31 on page 67 the following:

“(iv) the remaining individuals nominated by the Minister in consultation with the users selected by the Minister or the classes of users mentioned in the letters patent, including one individual nominated by the Minister in consultation with the labour groups selected by the Minister or with those mentioned in the letters patent;”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

Xavier Barsalou-Duval moved, — That Bill C-33, in Clause 101, be amended by adding after line 37 on page 67 the following:

“(3.1) Subsection 8(2) of the Act is amended by adding the following after paragraph (i):

(i.1) the extent to which the port authority may undertake jointly with other port authorities, through a corporation, partnership, joint venture, association or other entity, the activities referred to in subsection 28(2);”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Xavier Barsalou-Duval appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:

YEAS: Vance Badawey, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 5;

NAYS: Taylor Bachrach, Xavier Barsalou-Duval, Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 6.

After debate, the question was put on the amendment of Xavier Barsalou-Duval and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Damien C. Kurek, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 11;

NAYS: — 0.

Clause 101, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Damien C. Kurek, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 11;

NAYS: — 0.

On Clause 102,

Taylor Bachrach moved, — That Bill C-33, in Clause 102, be amended by adding after line 18 on page 68 the following:

“(1.1) Paragraph 14(1)(d) of the Act is replaced by the following:

(d) the Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent, including one individual nominated by the Minister in consultation with the labour groups selected by the Minister or with those mentioned in the letters patent.”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Leslyn Lewis, Dan Muys, Mark Strahl — 4.

At 9:36 p.m., the committee adjourned to the call of the Chair.



Carine Grand-Jean
Clerk of the committee