Proceedings of the Standing Senate Committee on
Transport and Communications
Issue No. 54 - Minutes of Proceedings - May 15, 2019
OTTAWA, Wednesday, May 15, 2019
(145)
[English]
The Standing Senate Committee on Transport and Communications met this day at 6:46 p.m., in room W110, 1 Wellington St., the chair, the Honourable David Tkachuk, presiding.
Members of the committee present: The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, MacDonald, Manning, Miville-Dechêne, Patterson, Plett, Simons and Tkachuk (12).
Other senators present: The Honourable Senators Black (Alberta), Boisvenu, Dalphond and McCoy (4).
In attendance: Jed Chong and Zackery Shaver, Analysts, Parliamentary Information and Research Services, Library of Parliament; Ben Silverman, Communications Officer, Senate Communications Directorate.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, December 11, 2018, the committee continued its examination of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast. (For complete text of the order of reference, see proceedings of the committee, Issue No. 46.)
WITNESSES:
Transport Canada:
Emilie Gelinas, Director, Domestic Marine Policy.
Department of Justice Canada:
Joseph Melaschenko, Senior Counsel, Transport and Infrastructure Legal Services.
The chair made a statement.
The chair asked whether the committee shall proceed to clause-by-clause consideration of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, MacDonald, Manning, Miville-Dechêne, Patterson, Plett, Simons, Tkachuk — 12
NAYS
The Honourable Senators — NIL
ABSTENTIONS
The Honourable Senators — NIL
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne, Simons — 7
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senators — NIL
The chair asked whether clause 3 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
The chair asked whether clause 4 shall carry.
The Honourable Senator Miville-Dechêne moved:
That Bill C-48 be amended in clause 4, on page 2, by replacing line 25 with the following:
"west longitude, excluding any part of that coast that is included within the lands referred to in section 8 of the Nisga'a Final Agreement Act.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Miville-Dechêne, Simons — 2
NAYS
The Honourable Senators Dasko, Dawson, Gagné, Galvez, MacDonald, Manning, Plett, Tkachuk — 8
ABSTENTIONS
The Honourable Senator Cormier, Patterson — 2
The chair asked whether clause 4 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 7
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
The chair asked whether clause 5 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
The chair asked whether clause 6 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne, Simons — 7
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senators — NIL
The chair asked whether clause 7 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
The chair asked whether clause 8 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
With leave and pursuant to rule 12-20(3), it was agreed that the committee group clauses 9 to 18.
The chair asked whether clauses 9 to 18 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
With leave and pursuant to rule 12-20(3), it was agreed that the committee group clauses 19 to 29.
The chair asked whether clauses 19 to 29 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
With leave and pursuant to rule 12-20(3), it was agreed that the committee group clauses 30 and 31.
The chair asked whether clauses 30 and 31 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Simons — 1
The Honourable Senator Miville-Dechêne moved:
That Bill C-48 be amended, on page 16, by adding the following after line 16:
"Coming into Force
32 (1) Subject to subsection (2), the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council, made on the recommendation of the Minister.
(2) The Minister may only make the recommendation referred to in subsection (1) if the Minister is satisfied that construction has resumed on the pipeline development known as the Trans Mountain Expansion Project, an undertaking of the Trans Mountain Corporation, and that there are no foreseeable obstacles to completing.''.
Ms. Gelinas and Mr. Melaschenko were called to the table and answered questions.
After debate, the question being put on the motion in amendment that new clause 32 carry, it was negatived on the following vote:
YEAS
The Honourable Senators Dasko, Gagné, Miville-Dechêne, Simons — 4
NAYS
The Honourable Senators Dawson, MacDonald, Manning, Patterson, Plett, Tkachuk — 6
ABSTENTIONS
The Honourable Senators Cormier, Galvez — 2
The Honourable Senator Cormier moved:
That Bill C-48 be amended on page 16 by adding the following after line 16:
"Review of the Act
32 (1) The Minister must, not later than five years after the day on which this section comes into force, appoint an independent committee of experts of not more than five persons to conduct a review of the provisions and operation of this Act, including, in particular, a determination of whether it is necessary for the prohibitions set out in subsections 4(1) to (3) to remain in effect in order to protect the environment from a significant risk of harm.
(2) The persons appointed under subsection (1) must all have expertise in matters related to the marine environment, maritime transportation or natural resources and at least one of them must be a representative of an Indigenous group, community or people.
(3) The Minister must have a report of the review laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.''.
After debate, the question being put on the motion in amendment that new clause 32 carry, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Gagné, Galvez, Miville-Dechêne, Simons — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senator Dawson — 1
The chair asked whether the schedule shall carry.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Simons, Tkachuk — 6
ABSTENTIONS
The Honourable Senators — NIL
The chair asked whether clause 1, which contains the short title, shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne, Simons — 7
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senators — NIL
The chair asked whether the title shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne, Simons — 7
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Tkachuk — 5
ABSTENTIONS
The Honourable Senators — NIL
The chair asked whether the bill, as amended, shall carry.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators Cormier, Dasko, Dawson, Gagné, Galvez, Miville-Dechêne — 6
NAYS
The Honourable Senators MacDonald, Manning, Patterson, Plett, Simons, Tkachuk — 6
ABSTENTIONS
The Honourable Senators — NIL
At 7:42 p.m., the committee suspended.
At 7:46 p.m., pursuant to rule 12-16(1)(d), the committee resumed in camera to consider a draft agenda (future business).
It was agreed that the committee allow the transcription of today's in camera meeting, that one copy be kept with the clerk of the committee for consultation by committee members or staff present, and that the transcript be destroyed by the clerk when authorized to do so by the Subcommittee on Agenda and Procedure, but no later than at the end of the parliamentary session.
At 8:10 p.m., the committee adjourned to the call of the chair.
ATTEST:
Joëlle Nadeau
Clerk of the Committee