TRAN Committee Meeting

MINUTES OF PROCEEDINGS
Meeting No. 18

Tuesday, March 31, 1998.

The Standing Committee on Transport met at 9:03 o’clock a.m., this day, in Room 705, La Promenade, the Chair, Raymond Bonin, presiding.

Members of the Committee present: Roy Bailey, Murray Calder, John Cannis, Bill Casey, Roy Cullen, Bev Desjarlais, Claude Drouin, Joe Fontana, Ivan Grose, Stan Keyes and Lee Morrison.

Acting Members present: Ian Murray for Carolyn Parrish; Antoine Dubé for Michel Guimond.

In attendance: From the Research Branch of the Library of Parliament: John Christopher, Research Officer.

Witnesses: Shipping Federation of Canada : Ivan Lantz, Manager, Marine Operations; Sonia Simard, Executive Assistant to the President. Department of Transport: B. Streeter, Director General, Marine Safety; Carrie Hunter, Project Manager, Canada Shipping Act; Mark Gauthier, Legal Counsel. Fisheries and Oceans Canada:
J. Murray, Director General, Rescue, Safety and Environmental Response`.

The Order of Reference dated Thursday, March 19, 1998 being read as follows:

ORDERED,--That Bill C-15, An Act to amend the Canada Shipping Act and to make consequential amendments to other Acts be read a second and referred to the Standing Committee on Transport.

The Committee commenced consideration of Bill C-15, An Act to amend the Canada Shipping Act and to make consequential amendments to other Acts.

Pursuant to Standing Order 75(1), consideration of Clause 1 of the Bill is postponed.

The Chair called Clause 2.

Sonia Simard and Ivan Lantz from the Shipping Federation of Canada made statements and answered questions.

The officials from Transport Canada and Fisheries and Oceans Canada answered questions.

The Committee commenced clause-by-clause consideration of the Bill.

By unanimous consent, it was agreed,--That the Committee proceed to consider, in order, all clauses to which amendments had not been proposed.

Clause 2 carried.

Clause 4 carried.

Clause 6 carried.

Clauses 9 to 17 carried severally.

Clause 19 carried.

Clauses 21 to 35 carried severally.

On Clause 3

Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by replacing lines 8 and 9 on page 4 with the following:

"3. The headings before section 4 and sections 4 to 106 of the Act are replaced by the following:"

After debate, the question being put on the amendment, it was agreed to.

Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by replacing lines 3 and 4 on page 5 with the following:

"6. (1) Except as otherwise provided, this Act, other than sections 467 to 471 and 565 to 567, does not apply to a vessel belonging to the"

After debate, the question being put on the amendment, it was agreed to.

Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by replacing, in the English version, line 33 on page 6 with the following:

"(b) an employee or director in Canada of a"

After debate, the question being put on the amendment, it was agreed to.

By unanimous consent, Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by replacing line 1 on page 7 with the following:

"10. (1) For greater certainty, a regulation made under this Act"

--That Bill C-15, in Clause 3, be amended by replacing line 12 on page 7 with the following:

"(2) For greater certainty, a regulation made under this Act may"

--That Bill C-15, in Clause 3, be amended by replacing line 23 on page 7 with the following:

"(3) For greater certainty, a regulation made under this Act may"

--That Bill C-15, in Clause 3, be amended by replacing line 29 on page 7 with the following:

"(4) For greater certainty, a regulation made under this Act may"

--That Bill C-15, in Clause 3, be amended by replacing line 39 on page 7 with the following:

"(5) For greater certainty, material may be incorporated by refer-"

--That Bill C-15, in Clause 3, be amended by replacing line 1 on page 8 with the following:

"(6) For greater certainty, material that is incorporated by refer-"

--That Bill C-15, in Clause 3, be amended by replacing line 10 on page 8 with the following:

"11. For greater certainty, no person or ship may be convicted of"

Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by replacing line 24 on page 11 with the following:

"23. (1) For the purposes of registration, the property in a"

After debate, the question being put on the amendments, they were agreed to severally.

Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by replacing lines 11 and 12 on page 19 with the following:

"a ship has the absolute power, subject to any limitation set out in the registered mortgage, to sell the ship or the share."

After debate, the question being put on the amendment, it was agreed to.

Stan Keyes moved,--That Bill C-15, in Clause 3, be amended by deleting lines 37 to 41 on page 21 and lines 1 to 20 on page 22.

After debate, the question being put on the amendment, it was agreed to.

Clause 3, as amended, carried.

Clause 5, carried.

Clause 7, carried.

Clause 8, carried.

On Clause 18

Stan Keyes moved,--That Bill C-15, in Clause 18, be amended by replacing lines 20 to 26 on page 30 with the following:

"18. The Act is amended by adding the following after section 657:

657.1 The Governor in Council may make regulations respecting the control and management of ballast water."

After debate, the question being put on the amendment, it was agreed to.

Clause 18, as amended, carried.

On Clause 20

Stan Keyes moved,--That Bill C-15, in Clause 20, be amended by replacing lines 39 and 40 on page 34 with the following:

"that

(i) the periods were credited under the pension plan before 1994, and

(ii) the benefits could have been provided under the terms of the pension plan as they read at the end of 1993;"

After debate, the question being put on the amendment, it was agreed to.

Stan Keyes moved,--That Bill C-15, in Clause 20, be amended by replacing line 30 on page 35 with the following:

"120 days, or any longer period that is acceptable to the Minister of National Revenue, after the day on which this Part"

After debate, the question being put on the amendment, it was agreed to.

Stan Keyes moved,--That Bill C-15, in Clause 20, be amended by adding after line 43 on page 35 the following:

"(1.1) For greater certainty, paragraph (1)(h) does not apply so as to prevent additional benefits from being provided, by way of an amendment to the pension plan after 1993, in respect of the periods referred to in subparagraph (1)(h)(i)."

After debate, the question being put on the amendment, it was agreed to.

Clause 20, as amended, carried.

Clause 1 carried.

The Title carried.

The Bill, as amended, carried.

ORDERED,--That Bill C-15, as amended, be reprinted as a working copy for the use of the House of Commons at Report Stage.

ORDERED,--That the Chairman report the Bill, as amended, to the House.

At 11:50 o’clock a.m., the sitting was suspended.

At 11:53 o’clock a.m., by unanimous consent, the sitting resumed in camera.

It was agreed,--That the Committee approve the travel budget of $36,900.00 and that the Chair of the Committee seek authorization from the House for the Committee to travel to New York and Washington, D.C. on May 4 and 5, 1998 in relation to its study on the National Passenger Rail System.

At 11:59 o’clock a.m., the Committee adjourned to the call of the Chair.

CHRISTINE FISHER
Committee Clerk