Proceedings of the Standing Senate Committee on
Transport and Communications
Issue No. 33 - Minutes of Proceedings - March 27, 2018
OTTAWA, Tuesday, March 27, 2018
(96)
[English]
The Standing Senate Committee on Transport and Communications met this day at 8:18 a.m., in room 2, Victoria Building, the chair, the Honourable David Tkachuk, presiding.
Members of the committee present: The Honourable Senators Boisvenu, Bovey, Cormier, Day, Eggleton, P.C., Gagné, Galvez, Griffin, MacDonald, Manning, Mitchell, Plett and Tkachuk (13).
In attendance: Jed Chong and Zackery Shaver, Analysts, Parliamentary Information and Research Services, Library of Parliament; Shaila Anwar, Deputy Principal Clerk, Senate Committees Directorate.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Friday, December 8, 2017, the committee continued its consideration of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 27.)
APPEARING:
The Honourable Marc Garneau, P.C., M.P., Minister of Transport.
WITNESSES:
Transport Canada:
Helena Borges, Associate Deputy Minister (retired);
Alain Langlois, General Counsel and Deputy Executive Director.
The chair made a statement.
The minister made a statement and, together with Ms. Borges and Mr. Langlois, answered questions.
At 9:15 a.m., the committee suspended.
At 9:20 a.m., the committee resumed.
The chair made a statement.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts.
Ms. Borges and Mr. Langlois were invited to remain at the table and answered questions from time to time.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
With leave, and pursuant to rule 12-20(3), it was agreed that the clauses be considered in groups of 10.
It was agreed that clauses 2 to 10 carry.
It was agreed that clauses 11 to 13 carry.
The chair asked whether clause 14 shall carry.
The Honourable Senator Boisvenu moved that Bill C-49 be amended in clause 14, on page 7, by adding the following after line 18:
"(3.1) The factors that the Minister may consider to determine whether a proposed arrangement raises significant considerations with respect to the public interest under subsection (6) and, if applicable, to render a final decision regarding the arrangement under subsection 53.73(8), include the arrangement's effects on
(a) competition;
(b) air carriers;
(c) air service;
(d) aviation safety;
(e) the environment; and
(f) passengers.''
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Boisvenu moved that Bill C-49 be amended in clause 14, on page 7, by adding the following after line 24:
"(5.1) Within 10 days after the day on which he or she receives the notice with the information referred to in subsection (2), the Minister shall make public a summary of the proposed arrangement that does not include any confidential information. The Minister shall give interested persons at least 20 days to present observations, in writing, on the significant considerations with respect to the public interest that the proposed arrangement raises.''
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Boisvenu moved that Bill C-49 be amended in clause 14, on page 10, by replacing line 9 with the following:
"53.77 (0.1) Every two years after the day on which an arrangement is authorized, the Minister shall review the arrangement to determine the concerns, if any, that it raises with respect to the public interest and competition.
(1) The Minister may, at any time after the sec-''.
After debate, the question being put on the motion in amendment, it was adopted by a show of hands.
It was agreed that clause 14, as amended, carry.
The chair asked whether clause 15 shall carry.
The Honourable Senator Cormier moved that Bill C-49 be amended in clause 15, on page 13, by replacing line 13 with the following:
"owned directly or indirectly by one or more non-Canadians authorized''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 15, as amended, carry.
It was agreed that clause 16 carry.
The chair asked whether clause 17 shall carry.
The Honourable Senator Gagné moved that Bill C-49 be amended in clause 17, on page 13,
(a) by replacing lines 28 to 33 with the following:
"67.3 The Agency may, to the extent that it considers it''; and
(b) by replacing line 35 with the following:
"of the same flight all or part of its de-''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 17, as amended, carry.
The chair asked whether clause 18 shall carry.
The Honourable Senator Gagné moved that Bill C-49 be amended in clause 18, on page 14,
(a) by replacing lines 17 to 21 with the following:
"Agency receives a written complaint,''; and
(b) by replacing lines 23 and 24 with the following:
"to some or to all passengers of the same flight, all or part of the Agency's decision''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 18, as amended, carry.
The chair asked whether clause 19 shall carry.
The Honourable Senator Boisvenu moved that Bill C-49 be amended in clause 19, on page 15, by adding the following after line 26:
"(d.1) respecting the carrier's obligation to make the terms and conditions of carriage of the body of a deceased person or other human remains readily available to passengers in language that is simple, clear and concise;''.
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Eggleton moved that Bill C-49 be amended in clause 19, on page 15, by replacing line 31 with the following:
"tarmac delays over 90 minutes, including the obliga-''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Cormier moved that Bill C-49 be amended in clause 19, on page 15, by adding the following after line 38:
"(1.1) The Agency shall, after consulting with the Minister, make regulations in relation to flights within Canada, respecting the carrier's obligation to provide services in both official languages.''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Eggleton moved that Bill C-49 be amended in clause 19, on page 16, by adding the following after line 11:
"86.12 (1) Three years after the day on which this section comes into force, and every five years afterwards, the regulations made under section 86.11 shall be reviewed by any committee of the Senate, of the House of Commons or of both Houses designated or established for that purpose.
(2) The committee shall, as soon as possible after the review is completed, submit to Parliament a report on the review.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 19, as amended, carry.
It was agreed that clause 20 carry.
It was agreed that clauses 21 and 22 carry.
The chair asked whether clause 23 shall carry.
The Honourable Senator Galvez moved that Bill C-49 be amended in clause 23, on page 18, by replacing lines 6 to 8 with the following:
"(1.01) The Agency may, of its own motion, conduct an investigation to determine whether a company is not fulfilling any of its service obligations.
(1.1) For the purpose of an investigation conducted under subsection (1) or (1.01), the Agency shall allow a company at least 20 days to file an answer and, in the case of an investigation conducted under subsection (1), at least 10 days for a complainant to file a reply.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 23, as amended, carry.
It was agreed that clauses 24 to 28 carry.
The chair asked whether clause 29 shall carry.
The Honourable Senator Plett moved that Bill C-49 be amended in clause 29, on page 22, by replacing line 32 with the following:
"the movement of the shipper's traffic in the reasonable direction of the traffic and its destination;''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Plett moved that Bill C-49 be amended in clause 29, on page 23, by replacing line 24 with the following:
"in Canada and is in the reasonable direction of the shipper's traffic and its destination;''.
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Griffin moved that Bill C-49 be amended in clause 29, on page 24, by adding the following after line 26:
"(5) For the purpose of paragraph 3(b), an interchange located in the metropolitan area of Montreal is deemed to be the nearest interchange and to be located outside the Quebec - Windsor corridor if
(a) the point of origin or destination of the movement of the shipper's traffic is located in New Brunswick or Nova Scotia; and
(b) the shipper has access to the lines of only one class 1 rail carrier at the point of origin or destination.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 29, as amended, carry.
It was agreed that clause 30 carry.
It was agreed that clauses 31 to 40 carry.
It was agreed that clauses 41 to 45 carry.
The chair asked whether clause 46 shall carry.
The Honourable Senator Galvez moved that Bill C-49 be amended in clause 46, on page 37,
(a) by replacing line 3 with the following:
"46 (1) Subsection 161(2) of the Act is amended by''; and
(b) by adding the following after line 7:
"(2) Subsection 161(2) of the Act is amended by striking out "and'' at the end of paragraph (d), by adding "and'' at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the request of the shipper, if any, for the Agency to determine the variable costs of the movement of goods to which the arbitration relates.
(2.1) The Agency shall, at the request of the shipper made in accordance with paragraph (2)(f), determine and provide to the parties, within 10 days after the day on which it refers the matter for arbitration under subsection 162(1), the variable costs of the movement of goods to which the arbitration relates.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 46, as amended, carry.
It was agreed that clauses 47 to 59 carry.
The Honourable Senator Griffin moved that Bill C-49 be amended, on page 42, by adding the following after line 22:
"59.1 (1) Schedule II to the Act is amended by replacing "Bean (except soybean) derivatives (flour, protein, isolates, fibre)'' with "Bean derivatives (flour, protein, isolates, fibre)''.
(2) Schedule II to the Act is amended by replacing "Beans (except soybeans), including faba beans, splits and screenings'' with "Beans, including faba beans, splits and screenings''.''.
After debate, the question being put on the motion in amendment that new clause 59.1 carry, it was adopted.
It was agreed that clause 60 carry.
The committee agreed to reorder consideration of certain clauses.
The chair asked whether clause 62 shall carry.
The Honourable Senator MacDonald moved that Bill C-49 be amended in clause 62, on page 47, by replacing line 3 with the following:
"that information, its collection, its preservation, its destruction, its''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 61 shall carry.
The Honourable Senator MacDonald moved that Bill C-49 be amended in clause 61, on page 43, by adding the following after line 32:
"(2.1) If the company referred to in subsection (1) operates railway equipment that crosses the Canada-United States border, the company shall, in the prescribed manner and circumstances, destroy all the information that was recorded under that subsection before the railway equipment departs from Canada.''.
After debate, the question being put on the motion in amendment, it was negatived by a show of hands.
The chair asked whether clause 62 shall carry.
The Honourable Senator Eggleton moved that Bill C-49 be amended in clause 62,
(a) on page 44,
(i) by deleting lines 8 to 25, and
(ii) by replacing line 26 with the following:
"17.91 A company that collects or communicates infor-'';
(b) on page 45,
(i) by replacing line 2 with the following:
"Schedule 1 to that Act relating to the collection,'', and
(ii) by replacing line 7 with the following:
"in paragraph (a) and that limits the collection,'';
(c) on page 46,
(i) by replacing line 23 with the following:
"subsections 17.92(3) and 17.93(2) is admissible'', and
(ii) by replacing line 34 with the following:
"specifications, installation and maintenance; and''; and
(d) on page 47, by replacing lines 5 to 7 with the following:
"Minister — its selection and access to it.''.
After debate, the question being put on the motion in amendment, it was negatived by a show of hands.
The Honourable Senator Gagné moved that Bill C-49 be amended in clause 62, on page 44,
(a) by replacing lines 10 to 14 with the following:
"for the purpose of determining the causes and contributing factors of'', and
(b) by deleting lines 20 to 22
After debate, the question being put on the motion in amendment, it was adopted by a show of hands.
The chair asked whether clause 61 shall carry.
The Honourable Senator MacDonald moved that Bill C-49 be amended in clause 61, on page 43, by adding the following after line 28:
"(1.1) The prescribed recording instruments referred to in paragraph (1)(a) that are used to record the interior of the railway equipment shall not be capable of making a visual recording by any means.''
After debate, the question being put on the motion in amendment, it was negatived by a show of hands.
It was agreed that clause 61 carry.
It was agreed that clause 62, as amended, carry.
It was agreed that clauses 63 to 98 carry.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry.
After debate, it was agreed that observations be appended to the committee's report on the bill.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.
It was agreed that Bill C-49 be reported with amendments and with observations to the Senate, at the earliest opportunity.
At 11:22 a.m., the committee adjourned to the call of the chair.
ATTEST:
Victor Senna
Clerk of the Committee