Proceedings of the Standing Senate Committee on
Transport and Communications
Issue No. 45 - Minutes of Proceedings - December 5, 2018
OTTAWA, Wednesday, December 5, 2018
(123)
[English]
The Standing Senate Committee on Transport and Communications met this day at 6:46 p.m., in room 2, Victoria Building, the chair, the Honourable David Tkachuk, presiding.
Members of the committee present: The Honourable Senators Boisvenu, Cormier, Dawson, Doyle, Gagné, Housakos, Manning, Miville-Dechêne, Simons and Tkachuk (10).
In attendance: Zackery Shaver, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, October 18, 2018, the committee continued its examination of Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations. (For complete text of the order of reference, see proceedings of the committee, Issue No. 43.)
WITNESSES:
National Marine Manufacturers Association:
Sara Anghel, President.
Chamber of Marine Commerce:
Sarah Douglas, Senior Director, Government and Stakeholder Relations;
Paul Topping, Director, Regulatory and Environmental Affairs.
Harbour Authority Association of British Columbia:
Robert Clarke, President.
Transport Canada:
Michelle Sanders, Director, Clean Water Policy.
Fisheries and Oceans Canada:
Marc Sanderson, Acting Director General, National Strategies, Canadian Coast Guard.
The chair made a statement.
Ms. Anghel, Ms. Douglas, Mr. Topping and Mr. Clarke made statements and answered questions.
At 7:29 p.m., the committee suspended.
At 7:33 p.m., the committee resumed.
At 7:36 p.m., Ms. Sanders and Mr. Sanderson were invited to the table and answered questions.
For the remainder of the meeting, they answered questions from time to time.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
It was agreed that clause 2 carry.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
The chair asked whether clause 5 shall carry.
The Honourable Senator Manning moved:
That Bill C-64 be amended on clause 5, page 3:
(a) by replacing lines 7 and 8 with the following:
"5 (1) Except as otherwise provided by regulations made under paragraph 130(1)(c) or subsection 131(1) and despite subsection (3), this Act does not apply in respect of'';
(b) by replacing line 13 with the following:
"(2) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in''; and
(c) by replacing line 23 with the following:
"(3) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4,''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 5, as amended, carry.
It was agreed that clause 6 carry.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry.
It was agreed that clause 12 carry.
It was agreed that clause 13 carry.
It was agreed that clause 14 carry.
With leave and pursuant to rule 12-20(3), it was agreed that the rest of the clauses be grouped according to the parts of the bill as described in the Table of Provisions of Bill C-64.
It was agreed that Part 1, entitled "Removal of Wrecks," which contains clauses 15 to 26, carry.
It was agreed that Part 2, entitled "Vessels and Wrecks of Concern," which contains clauses 27 to 47, carry.
It was agreed that Part 3, entitled "Salvage," which contains clauses 48 to 55, carry.
It was agreed that Part 4, entitled "Receiver of Wreck," which contains clauses 56 to 66, carry.
It was agreed that Part 5, entitled "Administration and Enforcement," which contains clauses 67 to 125, carry.
It was agreed that Part 6, entitled "General," which contains clauses 126 to 129, carry.
The chair asked whether Part 7, entitled "Regulations," which contains clauses 130 and 131, shall carry.
The Honourable Senator Manning moved:
That Bill C-64 be amended in clause 131, pages 64 and 65:
(a) on page 64,
(i) by replacing line 23 with the following:
"heritage value, including ocean war graves;'',
(ii) by replacing line 26 with the following:
"including ocean war graves, and providing for the issuance of permits to access'', and
(iii) by replacing line 42 with the following:
"heritage value, including ocean war graves, from the application of any provision of''; and
(b) on page 65,
(i) by deleting line 3, and
(ii) by replacing line 7 with the following:
"made under this subsection;
(i) extending the application of paragraph 110(1)(f), subsections 110(5) and (7), section 111, paragraph 113(d), subsection 119(1) and section 120 to wrecks or classes of wrecks that are specified in regulations made under paragraph (b);
(j) extending to wrecks or classes of wrecks that are specified in regulations made under paragraph (b) the application of paragraph 110(1)(b), in respect of a contravention of subsection 58(1) or (3) or section 60, and of paragraph 110(1)(d), in respect of a contravention of a direction given under paragraph 58(4)(b); and
(k) extending the application of any provision of the regulations made under this subsection to wrecked vessels or aircraft — or classes of wrecked vessels or aircraft — that are referred to in subsection 5(1) and paragraphs 5(2)(a) and (b) and that are specified in regulations made under paragraph (b).''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 131, as amended, carry.
It was agreed that Part 7, entitled "Regulations," which contains clauses 130 and 131, as amended, carry.
It was agreed that Part 8, entitled "Transitional Provision and Related and Consequential Amendments," which contains clauses 132 to 152, carry.
It was agreed that Part 9, entitled "Review," which contains clause 153, carry.
It was agreed that Part 10, entitled "Coming into Force," which contains clause 154, carry.
It was agreed that Schedule 1 carry.
It was agreed that Schedule 2 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.
It was agreed that observations be appended to the committee's report on the bill.
It was agreed that the committee discuss observations in public.
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 any necessary consequential changes be made to the numbering of provisions and cross-references as a result of the amendments to this bill.
It was agreed that the chair report the bill with amendments and with observations to the Senate.
At 8:16 p.m., the committee adjourned to the call of the chair.
ATTEST:
Joëlle Nadeau
Clerk of the Committee