Proceedings of the Standing Senate Committee on
Transport and Communications
Issue No. 34 - Minutes of Proceedings - May 9, 2018
OTTAWA, Wednesday, May 9, 2018
(101)
[English]
The Standing Senate Committee on Transport and Communications met this day at 6:45 p.m., in room 9, Victoria Building, the chair, the Honourable David Tkachuk, presiding.
Members of the committee present: The Honourable Senators Black (Alberta), Boisvenu, Bovey, Gagné, Galvez, Griffin, MacDonald, Mercer, Neufeld, Oh, Sinclair and Tkachuk (12).
In attendance: Jed Chong and Zackery Shaver, Analysts, Parliamentary Information and Research Services, Library of Parliament; Shaila Anwar, Deputy Principal Clerk, Senate Committees Directorate; Till Heyde, Deputy Principal Clerk, Chamber Operations and Procedure Office; Michel Bédard, Assistant Law Clerk and Parliamentary Counsel, Office of the Law Clerk and Parliamentary Counsel.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, April 24, 2018, the committee continued its consideration of Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.
WITNESSES:
Squamish Nation, British Columbia:
Chief Ian Campbell (by video conference).
Simpcw First Nation:
Chief Nathan Matthew (by video conference).
The chair made a statement.
Mr. Campbell and Mr. Matthew made statements and answered questions.
At 7:40 p.m., the Honourable Senator Griffin replaced the Honourable Senator Sinclair as a member of the committee.
At 7:44 p.m., the committee suspended.
At 7:49 p.m., pursuant to rule 12-16(1)(d), the committee resumed in camera to consider a draft report.
Pursuant to the order of reference adopted by the Senate on Wednesday, May 9, 2018, the committee began its consideration of the reasons for the Senate's insistence on certain amendments to Bill C-49.
At 7:55 p.m., the Honourable Senator Sinclair replaced the Honourable Senator Griffin as a member of the committee.
At 8:07 p.m., the committee suspended.
At 8:10 p.m., the committee resumed in public.
It was agreed that the report outlining the reasons for the Senate's insistence on certain amendments to Bill C-49 be adopted and that the chair present the report in the Senate.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the report, taking into consideration today's discussions, with any necessary editorial, grammatical or translation changes as required.
At 8:12 p.m., the committee suspended.
At 8:17 p.m., the committee resumed.
Pursuant to the order of reference adopted by the Senate on Tuesday, April 24, 2018, the committee continued its consideration of Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.
The chair made a statement.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
It was agreed that clause 2 carry.
The chair asked whether clause 3 shall carry.
The Honourable Senator Sinclair moved that Bill S-245 be amended in clause 3, on page 2,
(a) by replacing lines 5 and 6 with the following:
"that are carried out in accordance with the Constitution of Canada, federal legislation and the Certificate of Public Convenience and Ne-''; and
(b) by replacing line 8 with the following:
"December 1, 2016, are not unduly frustrated or delayed.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Bovey, Gagné, Galvez, Mercer, Sinclair — 5
NAYS
The Honourable Senators
Tkachuk, Black, Boisvenu, MacDonald, Neufeld, Oh — 6
ABSTENTIONS
Nil
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
The Honourable Senator Sinclair moved that Bill S-245 be amended, on page 2, by adding the following after line 11:
"Aboriginal Rights
5 For greater certainty, this Act is not to be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the Aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982, including the right to be properly consulted and to provide their free, prior and informed consent when required.''.
After debate, the question being put on the motion in amendment that new clause 5 carry, it was negatived on the following vote:
YEAS
The Honourable Senators
Bovey, Galvez, Mercer, Sinclair — 4
NAYS
The Honourable Senators
Tkachuk, Black, Boisvenu, MacDonald, Neufeld, Oh — 6
ABSTENTIONS
The Honourable Senator
Gagné — 1
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the preamble carry.
It was agreed that the title carry.
It was agreed that the Bill carry.
It was agreed that Bill S-245 be reported to the Senate, at the earliest opportunity.
At 8:47 p.m., the committee adjourned to the call of the chair.
ATTEST:
Victor Senna
Clerk of the Committee