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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 92
Wednesday, November 29, 2023, 7:36 p.m. to 9:30 p.m.
Televised
Presiding
Peter Schiefke, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Alexandre Lafrenière, Analyst
Department of Transport
• Sonya Read, Director General, Marine Policy
• Heather Moriarty, Director, Ports Policy
• Rachel Heft, Manager and Senior Counsel, Transport and Infrastructure Legal Services
• Amy Kaufman, Counsel
Pursuant to the order of reference of Tuesday, September 26, 2023, the committee resumed consideration of Bill C-33, An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 108 of the Bill.

The committee resumed consideration of the subamendment of Vance Badawey, — That the amendment be amended by replacing the expression “(2.1) Two” with the following: “(2.1) To the extent authorized in each participating port authority's letters patent, two”.

After debate, the question was put on the subamendment of Vance Badawey and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

The question was put on the amendment of Xavier Barsalou-Duval, as amended, and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Clause 108, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Clause 109 carried on division.

On Clause 110,

Mark Strahl moved, — That Bill C-33, in Clause 110, be amended by replacing lines 20 to 23 on page 71 with the following:

“33.‍1 (1) A port authority must establish at least one advisory committee that includes users, port workers and representatives of Indigenous peoples and the community in which the port is located.”

After debate, by unanimous consent, the amendment was withdrawn.

Taylor Bachrach moved, — That Bill C-33, in Clause 110, be amended

(a) by replacing lines 20 to 22 on page 71 with the following:

“33.‍1 (1) A port authority must establish one or more advisory committees, which must include representatives from the local community, local government and local Indigenous communities, in accor‐”

(b) by adding after line 23 on page 71 the following:

“(1.1) The members of each advisory committee shall elect a chairperson from among their number.”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Taylor Bachrach moved, — That Bill C-33, in Clause 110, be amended by replacing line 25 on page 71 with the following:

“tees at least twice every year with respect to issues related to port activi‐”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Taylor Bachrach moved, — That Bill C-33, in Clause 110, be amended by adding after line 26 on page 71 the following:

“(3) A port authority must publish a summary of the consultations under subsection (2) on its website.”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Taylor Bachrach moved, — That Bill C-33, in Clause 110, be amended by replacing line 28 on page 71 with the following:

“must cause to be conducted an independent assessment of its governance practices”

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Clause 110, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Clause 111 carried on division.

Clause 112 carried on division.

On Clause 113,

Simon-Pierre Savard-Tremblay moved, — That Bill C-33, in Clause 113, be amended by replacing line 26 on page 72 with the following:

“(2) The report of a port authority with annual operating revenue exceeding $20,000,000 must be prepared in accordance with the”

After debate, the question was put on the amendment of Simon-Pierre Savard-Tremblay and it was negatived on the following recorded division:

YEAS: Michael Kram, Chris Lewis, Dan Muys, Simon-Pierre Savard-Tremblay, Mark Strahl — 5;

NAYS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 6.

Mark Strahl moved, — That Bill C-33, in Clause 113, be amended by replacing line 2 on page 73 with the following:

“port authority’s website within 90 days after the end of”

At 8:18 p.m., the sitting was suspended.

At 8:24 p.m., the sitting resumed.

After debate, the question was put on the amendment of Mark Strahl and it was negatived on the following recorded division:

YEAS: Michael Kram, Chris Lewis, Dan Muys, Mark Strahl — 4;

NAYS: Taylor Bachrach, Vance Badawey, Carolyn Bennett, Annie Koutrakis, Joyce Murray, Churence Rogers, Simon-Pierre Savard-Tremblay — 7.

Taylor Bachrach moved, — That Bill C-33, in Clause 113, be amended by replacing line 2 on page 73 with the following:

“port authority’s website:

(a) in the case of a port authority whose annual operating revenue is less than $20,000,000, within 90 days after the end of the quarter to which the report relates;

(b) in the case of any other port authority, within 60 after the end of”

At 8:42 p.m., the sitting was suspended.

At 8:50 p.m., the sitting resumed.

After debate, the question was put on the amendment of Taylor Bachrach and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers, Simon-Pierre Savard-Tremblay — 7;

NAYS: Michael Kram, Chris Lewis, Dan Muys, Mark Strahl — 4.

Taylor Bachrach moved, — That Bill C-33, in Clause 113, be amended by adding after line 3 on page 73 the following:

“(4) Despite subsection (3), a port authority may publish on the port authority’s website the reports for each of the first three quarters of its first financial year after its letters patent are issued within one year after the day on which its letters patent are issued.”

Debate arose thereon.

Vance Badawey moved, — That the amendment be amended by

(a) adding before subsection (4) the following:

“(4) In the case of a port authority specified in subsection 37.3(a), the quarterly financial report must be prepared within a year after the day on which this section comes into force.”

(b) replacing, in subsection (4), the words “(4) Despite subsection (3), a port authority may” with the words “(4.1) Despite subsection (3), a port authority must”.

The question was put on the subamendment of Vance Badawey and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

The question was put on the amendment of Taylor Bachrach, as amended, and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 11;

NAYS: — 0.

Clause 113, as amended, carried.

By unanimous consent, Clauses 114 to 119 inclusive carried on division severally.

On Clause 120,

Mark Strahl moved, — That Bill C-33, in Clause 120, be amended

(a) by replacing lines 19 and 20 on page 77 with the following:

“(a.‍1) the flow of marine traffic, including mooring and anchorage, and”

(b) by replacing line 22 on page 77 with the following:

“authorities in relation to that flow;”

After debate, the question was put on the amendment of Mark Strahl and it was negatived on the following recorded division:

YEAS: Michael Kram, Chris Lewis, Dan Muys, Mark Strahl — 4;

NAYS: Taylor Bachrach, Vance Badawey, Carolyn Bennett, Annie Koutrakis, Joyce Murray, Churence Rogers, Simon-Pierre Savard-Tremblay — 7.

Pursuant to the order adopted by the committee on Thursday, December 16, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-33, in Clause 120, be amended

(a) by replacing line 22 on page 77 with the following:

“authorities in support of that management, including information about where commercial vessels anchored before arriving at a port and the duration of their anchorages in waters adjacent to the port;”

(b) by replacing line 30 on page 77 with the following:

“users must provide to the Minister, including information about where commercial vessels anchored before arriving at a port and the duration of their anchorages in waters adjacent to the port;”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Taylor Bachrach, Simon-Pierre Savard-Tremblay — 2;

NAYS: Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 9.

Pursuant to the order adopted by the committee on Thursday, December 16, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-33, in Clause 120, be amended by adding after line 30 on page 77 the following:

“(3) Section 62 of the Act is amended by adding the following after subsection (1):

(1.1) Regulations made under paragraph (1)(a.1) must ensure that the management of anchorage is consistent with the protection of the marine environment.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Taylor Bachrach, Simon-Pierre Savard-Tremblay — 2;

NAYS: Vance Badawey, Carolyn Bennett, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 9.

Pursuant to the order adopted by the committee on Thursday, December 16, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-33, in Clause 120, be amended by adding after line 30 on page 77 the following:

“(3) Section 62 of the Act is amended by adding the following after subsection (1):

(1.1) Regulations made under paragraph (1)(a.1) must prohibit a port authority from directing ships to anchorages

(a) in the waters of the Southern Gulf Islands region in British Columbia; and

(b) in waters under the governance of an Indigenous government, unless that government agrees to the use of the anchorages.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Taylor Bachrach, Simon-Pierre Savard-Tremblay — 2;

NAYS: Vance Badawey, Angelo Iacono, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 9.

Pursuant to the order adopted by the committee on Thursday, December 16, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-33, in Clause 120, be amended by adding after line 30 on page 77 the following:

“(3) Section 62 of the Act is amended by adding the following after subsection (1):

(1.1) Regulations made under paragraph (1)(a) must prohibit the loading and unloading of coal that is used to generate electricity to and from ships in a port.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Taylor Bachrach — 1;

NAYS: Vance Badawey, Carolyn Bennett, Annie Koutrakis, Michael Kram, Chris Lewis, Joyce Murray, Dan Muys, Churence Rogers, Simon-Pierre Savard-Tremblay, Mark Strahl — 10.

At 9:30 p.m., the committee adjourned to the call of the Chair.



Carine Grand-Jean
Clerk of the committee