Proceedings of the Standing Senate Committee on
Legal and
Constitutional Affairs
Issue 17 - Minutes of Proceedings
OTTAWA, Monday, June 10, 1996
(19)
The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 10:00 a.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.
Members of the Committee present: The Honourable Senators Beaudoin, Bryden, Carstairs, Doyle, Gigantès, Losier-Cool, Lynch-Staunton, Milne, Nolin, Pearson and Stanbury (11).
Other Senators present: The Honourable Senator LeBreton (1).
In attendance: Mary Hurley, Research Officer, Research Branch of the Library of Parliament.
Also in attendance: The official reporters of the Senate.
WITNESSES:
For Bill C-28:
From Osgoode Hall Law School:
Professor Patrick Monahan.
From the Department of Foreign Affairs and International Trade:
Mr. Jonathan Fried, Director General, Trade Policy Bureau & Coordinator for NAFTA.
Pursuant to the Order of Reference adopted by the Senate on Thursday, May 30, 1996, the Committee continued its consideration of Bill C-28, An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport. (See Issue No. 14, Tuesday, June 4, 1996, for full text of Order of Reference.)
The Chair made an opening statement.
Professor Monahan made a statement and answered questions.
Mr. Fried made a statement and answered questions.
The committee confirmed its decision to meet at 2:00 p.m. today to conduct clause-by-clause study of Bill C-28.
At 11:10 a.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Monday, June 10, 1996
(20)
The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 2:00 p.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.
Members of the Committee present: The Honourable Senators Beaudoin, Bryden, Carstairs, Doyle, Gigantès, LeBreton, Losier-Cool, Lynch-Staunton, MacDonald (Halifax), Milne, Nolin, Pearson and Stanbury (13).
In attendance: Mary Hurley, Research Officer, Research Branch of the Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Thursday, May 30, 1996, the Committee continued its consideration of Bill C-28, An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport. (See Issue No. 14, Tuesday, June 4, 1996, for full text of Order of Reference.)
The Chair made an opening statement.
It was agreed -- THAT the Committee complete clause-by-clause consideration of Bill C-28.
It was agreed -- THAT clause 1 stand.
It was agreed -- THAT clause 2 carry.
The Honourable Senator Lynch-Staunton stated the two objections of the Progressive Conservative members of the Committee to the amendments being proposed and informed the Committee that for those reasons, the Progressive Conservative members of the Committee would not support the amendments.
It was moved by the Honourable Senator Bryden -- THAT clause 3 be amended by striking out lines 1 to 3 on page 2 and substituting the following:
"3. The agreements are hereby declared to have no legal effect after December 15, 1993."
The question being put on the motion, it was agreed.
It was moved by the Honourable Senator Bryden -- THAT clause 4 be amended by striking out lines 7 and 8 on page 2 and substituting the following:
"hereby declared to have no legal effect after December 15, 1993."
The question being put on the motion, it was agreed.
It was moved by the Honourable Senator Bryden -- THAT clause 5 be amended by striking out lines 19 on page 2 and substituting the following:
"declared to have no legal effect after December 15, 1993."
The question being put on the motion, it was agreed.
It was agreed -- THAT clause 6 carry.
It was moved by the Honourable Senator Bryden -- THAT clause 7 be amended by striking out the heading before clause 7 and lines 25 to 39 on page 2 and substituting the following:
"LIABILITY
7. (1) In any action or proceeding that is based on or is in relation to
(a) the Request for Proposals,
(b) the negotiations that followed that Request,
(c) any agreement,
(d) any advice or services provided to Her Majesty in relation to any agreement, or
(e) any thing done by the Government of Canada in relation to the announcement of the cancellation of any agreement,
and that is instituted before or after the coming into force of this Act by anyone against Her Majesty in relation to any agreement, relief shall be granted only by way of an award of damages in accordance with section 8.
(2) In any action or proceeding that is instituted before or after the coming into force of this Act and that is based on or is in relation to any matter referred to in any of paragraphs 9(1)(a) to (e), no relief may be granted against any minister or any servant"
The question being put on the motion, it was agreed.
It was moved by the Honourable Senator Bryden -- THAT clause 8 be amended by striking out lines 4 to 7 substituting the following:
"8. (1) In any action or proceeding referred to in subsection 7(1), an award of damages may be made only in respect of claims that
(a) relate directly to Terminals 1 and 2 at Lester B. Pearson International Airport; and
(b) are recoverable by law against Her Majesty.
(2) In any action or proceeding referred to in subsection (1), no award of damages shall be made in respect of
(a) a loss of profit by a claimant or anyone else, or an amount based on the loss of future revenue the payment of which was contingent on the execution and continuation of an agreement;
(b) any fee paid for the purpose of lobbying a public office holder, within the meaning of subsection 2(1) of the Lobbyists Registration Act, in connection with any agreement;
(c) any investment in any company or partnership controlled by one or more partners of T1T2 Limited Partnership, or by the controlling entity of that partner or those partners, that resulted in a change of control of that company or partnership;
(d) any claim for loss of value of any share, partnership interest or investment; or
(e) non-compensatory, punitive, exemplary or aggravated damages."
The question being put on the motion, it was agreed.
The question being put on clause 9 standing part of the Bill, it was negatived.
The question being put on clause 10 standing part of the Bill, it was negatived.
It was agreed -- THAT clause 11 carry.
It was agreed -- THAT clause 12 carry.
It was agreed -- THAT the Schedule carry.
It was agreed --THAT the Title carry.
It was agreed -- THAT the Bill, as amended, carry.
It was agreed -- THAT the Chair report the Bill, as amended, to the Senate.
The Honourable Senator Lynch-Staunton reiterated that the Progressive Conservative members of the Committee had abstained from voting on the amendments and asked that the reasons for the decision to abstain be included in the committee's report.
The Clerk of the Committee, Dr. Heather Lank, provided some procedural advice.
After debate, the Honourable Senator Lynch-Staunton moved -- THAT the following observations be added to the report:
The Progressive Conservative members of the Committee cannot support the Government amendments at this time. They feel that the amendments proposed by the Government are contrary to the principle of Bill C-28, and therefore, should have been the subject of a new bill introduced in the House of Commons. In addition, they feel that legislation which would have a direct impact on a trial should not even be considered, much less agreed to, while the trial is in progress. The Progressive Conservative members also deplore the fact that the Minister of Transport, who is the sponsor of Bill C-28, was unable to appear before the Committee and give testimony on the subject-matter of the bill.
The question being put on the motion, it was agreed.
At 2:32 p.m., the meeting adjourned to the call of the Chair.
ATTEST:
Heather Lank
Clerk of the Committee