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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 96
Wednesday, December 13, 2023, 4:44 p.m. to 11:32 p.m.
Webcast
Presiding
Peter Schiefke, Chair (Liberal)

• Damien C. Kurek for Mark Strahl (Conservative)
• Jeremy Patzer for Chris Lewis (Conservative)
• Damien C. Kurek (Conservative)
• Jeremy Patzer (Conservative)
House of Commons
• Philippe Méla, Legislative Clerk
• Alexandre Roger, Procedural Clerk
 
Library of Parliament
• Geneviève Gosselin, Analyst
• 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 122 of the Bill.

The committee resumed consideration of the amendment of Xavier Barsalou-Duval, — That Bill C-33, in Clause 122, be amended

(a) by replacing line 6 on page 78 with the following:

“107.‍1 (1) If there is a”

(b) by adding after line 28 on page 78 the following:

“(6) For greater certainty, for the judicial review of an order made under subsection (1), the correctness standard applies to determine whether there was a risk of imminent harm to national security, national economic security or competition that constitutes a significant threat to the safety and security of persons, goods, ships or port facilities or the security of supply chains.”

After debate, the question was put on the amendment of Xavier Barsalou-Duval and it was negatived on the following recorded division:

YEAS: Xavier Barsalou-Duval, Damien C. Kurek, Chris Lewis, Leslyn Lewis, Dan Muys — 5;

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

Taylor Bachrach moved, — That Bill C-33, in Clause 122, be amended by adding after line 14 on page 78 the following:

“(1.1) The power under subsection (1) to make an order, and any powers, duties or functions conferred or imposed by or under such an order, must not be exercised or performed for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.”

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, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Damien C. Kurek, Chris Lewis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers — 11;

NAYS: — 0.

Clause 122, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Damien C. Kurek, Chris Lewis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers — 11;

NAYS: — 0.

The committee proceeded to the consideration of matters related to committee business.

Motion

Damien C. Kurek moved, — That the committee call upon Senators who are delaying the passage of the legislation to stop playing political games with the livelihoods of Canadian farmers, recognize the decision of the elected House of Commons, and pass Bill C-234 into law without further delay.

RULING BY THE CHAIR

The Chair ruled the motion inadmissible as it is out of the mandate of the committee.

A point of order was raised as to the procedural acceptability of the decision of the Chair on ruling the motion not admissible.

Whereupon, Damien C. Kurek appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Chris Lewis, Leslyn Lewis, Dan Muys — 4.

Accordingly, the Chair's decision was sustained as the question was not negatived.

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.

Clause 123 carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

NAYS: Damien C. Kurek, Chris Lewis, Leslyn Lewis, Dan Muys — 4.

Debate arose thereon.

The committee proceeded to the consideration of matters related to committee business.

RULING BY THE CHAIR

A point of order was raised as to the decision of the Chair in fact relates to parliamentary privilege.

Whereupon, Mark Strahl appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 7;

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

Accordingly, the Chair's decision was sustained as the question was not negatived.

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.

On Clause 124,

Debate arose thereon.

At 6:47 p.m., the sitting was suspended.

At 6:58 p.m., the sitting resumed.

At 7:28 p.m., the sitting was suspended.

At 7:39 p.m., the sitting resumed.

At 9:00 p.m., the sitting was suspended.

At 9:12 p.m., the sitting resumed.

At 10:24 p.m., the sitting was suspended.

At 10:33 p.m., the sitting resumed.

At 11:32 p.m., the committee adjourned to the call of the Chair.



Carine Grand-Jean
Clerk of the committee