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House of Commons of Canada
35th Parliament, 2nd Session
Journals
No. 155
Monday, April 14, 1997
11:00 a.m.
The Clerk informed the House of the unavoidable absence of the Speaker.
Whereupon, Mr. Milliken (Kingston and the Islands), Deputy Chairman of Committees of the Whole, took the Chair, pursuant to Standing Order 8.
Prayers
Private Members’ Business
At 11:00 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members’ Business.
The Order was read for the second reading and reference to a Legislative Committee of Bill S–15, An Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada.
Mr. Peterson (Willowdale), seconded by Mr. English (Kitchener), moved, — That the Bill be now read a second time and, by unanimous consent, referred to a Committee of the Whole.
Debate arose thereon.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was read the second time and referred to a Committee of the Whole.
The Committee considered the Bill and reported it without amendment.
Pursuant to Standing Order 76.1(12), Mr. Peterson (Willowdale), seconded by Mr. English (Kitchener), moved, — That Bill S–15, An Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada, be concurred in at report stage.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was concurred in at report stage.
By unanimous consent, Mr. Peterson (Willowdale), seconded by Mr. English (Kitchener), moved, — That the Bill be now read a third time and do pass.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was read the third time and passed.
Interruption
At 11:18 a.m., the sitting was suspended.
At 12:00 p.m., the sitting resumed.
Government Orders
The House resumed consideration of the motion of Mr. Martin (Minister of Finance), seconded by Mr. Manley (Minister of Industry), — That Bill C–93, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 1997, be referred forthwith to the Standing Committee on Finance.
The debate continued.
Pursuant to Standing Order 73(1), the Acting Speaker interrupted the proceedings.
The question was put on the motion and, pursuant to Order made Thursday, April 10, 1997, the recorded division was deferred until Tuesday, April 15, 1997, at 12:30 p.m.
The Order was read for the third reading of Bill C–27, An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation).
Ms. Marleau (Minister of Public Works and Government Services) for Mr. Rock (Minister of Justice), seconded by Mr. Marchi (Minister of the Environment), moved, — That the Bill be now read a third time and do pass.
Debate arose thereon.
Statements by Members
Pursuant to Standing Order 31, Members made statements.
Oral Questions
Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.
Daily Routine of Business
Presenting Reports from Committees
Mr. Guimond (Beauport–Montmorency–Orléans), from the Standing Committee on Public Accounts, presented the 6th Report of the Committee (Canada Infrastructure Works Program — Lessons Learned). — Sessional Paper No. 8510-352-96.
Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 3, which includes this Report) was tabled.
Introduction of Private Members’ Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. de Savoye (Portneuf), seconded by Mr. Bernier (Mégantic–Compton–Stanstead), Bill C–402, An Act to provide for the limitation of interest rates in relation to credit cards issued by financial institutions, companies engaged in retail trade and petroleum companies, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. White (Fraser Valley West), seconded by Mr. Hill (Macleod), Bill C–403, An Act to amend the Criminal Code (prohibiting certain offenders from changing their name), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:
- by Mr. Scott (Fredericton–York–Sunbury), one concerning the Criminal Code of Canada (No. 352-2063);
- by Mr. Mills (Red Deer), one concerning crimes of violence (No. 352-2064);
- by Mr. Fillion (Chicoutimi), one concerning banks (No. 352-2065);
- by Ms. McLaughlin (Yukon), three concerning crimes of violence (Nos. 352-2066 to 352-2068);
- by Mr. Culbert (Carleton–Charlotte), one concerning police and firefighters’ death benefits (No. 352-2069);
- by Mr. White (Fraser Valley West), one concerning sentences in the Criminal Code (No. 352-2070);
- by Mr. Riis (Kamloops), one concerning the tax system (No. 352-2071), one concerning taxes on books (No. 352-2072), one concerning the tax on gasoline (No. 352-2073), one concerning the highway system (No. 352-2074) and one concerning the nuclear industry (No. 352-2075);
- by Mr. Frazer (Saanich–Gulf Islands), two concerning the highway system (Nos. 352-2076 and 352-2077);
- by Mr. Graham (Rosedale), one concerning nuclear weapons (No. 352-2078).
Government Orders
The House resumed consideration of the motion of Mr. Rock (Minister of Justice), seconded by Mr. Marchi (Minister of the Environment), — That Bill C–27, An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation), be now read a third time and do pass.
The debate continued.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was read the third time and passed.
The Order was read for the consideration at report stage and second reading of Bill C–44, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, as reported by the Standing Committee on Transport with amendments.
Pursuant to Standing Order 76(5), the Acting Speaker selected and grouped for debate the following motions:
Group No. 1 — Motions Nos. 1, 30, 50 to 57, 60, 63, 82 and 113.
Group No. 2 — Motions Nos. 2, 65 to 81, 83 to 96, 102 and 115.
Group No. 3 — Motions Nos. 3 to 7 and 9.
Group No. 4 — Motions Nos. 8, 10 to 17, 26 to 29, 32 and 118 to 122.
Group No. 5 — Motions Nos. 18 to 25, 31, 33 to 49, 58, 112, 114, 117 and 125 to 127.
Group No. 6 — Motions Nos. 59, 61, 62, 64, 97 to 101, 104 to 111 and 116.
Group No. 7 — Motions Nos. 103, 123 and 124.
Group No. 1
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 1, — That Bill C–44, in Clause 2, be amended by replacing lines 14 to 16 on page 1 with the following:
“‘fees’ includes harbour dues, berthage and wharfage, as well as duties, tolls, rates and other charges.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 30, — That Bill C–44, in Clause 10, be amended by replacing lines 23 to 25 on page 8 with the following:
“authority referred to in subsection (1) that was one or more harbour commissions immediately before the coming into force of this subsection are”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 50, — That Bill C–44, in Clause 36, be amended by replacing lines 36 and 37 on page 22 with the following:
“other than sections 12 to 14 and paragraphs 16(1)(a), (g) and (i) and (2)(g),”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 51, — That Bill C–44, in Clause 36, be amended by replacing, in the French version, lines 3 and 4 on page 23 with the following:
“certains immeubles ne sont plus nécessaires à l’exploita-”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 52, — That Bill C–44, in Clause 37, be amended by replacing lines 28 to 32 on page 23 with the following:
-
- “(3)
- A port authority may, for the purpose of operating the port, lease or license any federal real property that it manages, subject to the limits in the port authority’s letters patent on its authority to contract as agent for Her Majesty in right of Canada. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 53, — That Bill C–44, in Clause 38, be amended by replacing line 39 on page 23 with the following:
- “38.
-
- (1)
- Subject to subsection 37(3), a port authority may not dispose of”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 54, — That Bill C–44, in Clause 40, be amended by
- replacing lines 35 to 37 on page 24 with the following:
“(b) prohibit the erecting of structures or works or certain types of structures or works; and
(c) subject to any regulations made under section 52, regulate the type of structures or works that may” - replacing line 8 on page 25 with the following:
“(b) the erecting or alteration of a structure or work”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 55, — That Bill C–44, in Clause 43, be amended by replacing, in the English version, lines 1 to 3 on page 28 with the following:
-
- “(4)
- The notice required by this section does not apply to any fees accepted in a contract under section 44.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 56, — That Bill C–44, in Clause 49, be amended by replacing, in the English version, lines 24 to 26 on page 31 with the following:
“(c) direct a ship to use specified radio frequencies in communications with the port station or other ships; and”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 57, — That Bill C–44, in Clause 49, be amended by replacing line 25 on page 32 with the following:
-
- “(3)
- No ship shall”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 60, — That Bill C–44, in Clause 61, be amended by replacing line 27 on page 38 with the following:
“(b) the transfer of the administration and control of all”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 63, — That Bill C–44, in Clause 63, be amended by
- replacing line 13 on page 40 with the following:
“(b) the regulation and prohibition of uses, structures,”
- replacing line 18 on page 40 with the following:
“any structure or work that interferes with navigation”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 82, — That Bill C–44, in Clause 69, be amended by replacing, in the French version, line 41 on page 44 with the following:
“d’une entente et la protection des intérêts de”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 113, — That Bill C–44, in Clause 157, be amended by replacing lines 28 to 36 on page 83 with the following:
- “157.
-
Paragraph 3(1)(a) of the Fishing and Recreational Harbours Act is replaced by the following:
- (a)
- any port, as defined in section 4 of the Canada Marine Act, or any harbour, works or property under the jurisdiction of a harbour commission established under an Act of Parliament; or”
Debate arose on the motions in Group No. 1 (Motions Nos. 1, 30, 50 to 57, 60, 63, 82 and 113).
The question was put on Motion No. 1 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 30, 50 to 57, 60, 63, 82 and 113, was deferred.
By unanimous consent, it was agreed, — That all motions be deemed moved and seconded and all questions necessary to dispose of the report stage and second reading of Bill C–44 be deemed put, recorded divisions deemed demanded and deferred to Tuesday, April 15, 1997, at the expiry of the time provided for Government Orders.
Group No. 2
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 2, — That Bill C–44, in Clause 2, be amended by replacing line 23 on page 2 with the following:
“the port of Montreal and Lake Erie and Lake Ontario”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 65, — That Bill C–44, in Clause 67, be amended by adding after line 27 on page 41 the following:
“(a) ensure that all operational costs and short and long term maintenance costs are paid from operating fees or Seaway Investment Funds and not from the Consolidated Revenue Fund;”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 66, — That Bill C–44, in Clause 67, be amended by adding after line 29 on page 41 the following:
“(a.1) establish an independent Seaway financial agency that encourages users, shippers, the business community and communities adjacent to the Seaway to participate in the long term investments required by the Seaway to become more competitive;”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 67, — That Bill C–44, in Clause 67, be amended by replacing lines 31 and 32 on page 41 with the following:
“(b.1) equitably and fairly protect the rights and interests of citizens in communities adjacent to the Seaway or directly affected by the Seaway;”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 68, — That Bill C–44, in Clause 67, be amended by replacing lines 12 to 16 on page 42 with the following:
“(g) to form a bi-national operating agency to operate the Canadian U.S. Seaway on terms agreeable to both countries.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 69, — That Bill C–44 be amended by adding after line 16, on page 42, the following:
- “67.1.
- For the purpose of paragraph 67(f), “user” has the meaning as in section 4.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 70, — That Bill C–44, in Clause 69, be amended by replacing line 10 on page 43 with the following:
- “69.
-
- (1)
- The Governor in Council may direct the Author-“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 71, — That Bill C–44, in Clause 69, be amended by replacing, in the English version, line 12 on page 43 with the following:
“specify by the Governor in Council, all or part of its”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 72, — That Bill C–44, in Clause 69, be amended by replacing line 19 on page 43 with the following:
“transferred to the Governor in Council under subsection”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 73, — That Bill C–44, in Clause 69, be amended by replacing, in the English version, line 20 on page 43 with the following:
-
- “(1)
- , the Governor in Council may transfer it to any other“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 74, — That Bill C–44, in Clause 69, be amended by replacing line 27 on page 43 with the following:
“body other than the Governor in Council or any”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 75, — That Bill C–44, in Clause 69, be amended by replacing line 33 on page 43 with the following:
-
- “(2)
- The Governor in Council may enter into agreements“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 76, — That Bill C–44, in Clause 69, be amended by replacing line 37 on page 43 with the following:
“with but not exclusive to a not-for-profit corporation that accords”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 77, — That Bill C–44, in Clause 69, be amended by replacing line 38 on page 43 with the following:
“a major role to Seaway users, as defined in section 4, in particular in”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 78, — That Bill C–44, in Clause 69, be amended by replacing, in the English version, line 2 on page 44 with the following:
“the Governor in Council considers it appropriate, with any”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 79, — That Bill C–44, in Clause 69, be amended by replacing line 6 on page 44 with the following:
“and conditions that the Governor in Council considers”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 80, — That Bill C–44, in Clause 69, be amended by
- replacing line 9 on page 44 with the following:
“or undertakings referred to in subsection (1) or (1.1);”
- replacing line 12 on page 44 with the following:
“undertakings referred to in subsection (1) or (1.1);”
- replacing line 19 on page 44 with the following:
“the Authority;”
- adding after line 22 on page 44 the following:
“(h) the imposition of additional obligations of financial management; and
(i) where the agreement is with a body referred to in subsection (2), the application of any of the provisions of this Part relating to an agreement with a not-for-profit corporation or other person referred to in that subsection.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 81, — That Bill C–44, in Clause 69, be amended by replacing line 35 on page 44 with the following:
-
- “(4)
- The Governor in Council may take any measures“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 83, — That Bill C–44, in Clause 69, be amended by replacing line 1 on page 45 with the following:
-
- “(5)
- The Governor in Council may“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 84, — That Bill C–44 be amended by deleting Clause 70.
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 85, — That Bill C–44, in Clause 71, be amended by replacing line 20 on page 45 with the following:
“provides and the Governor in Council has published a”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 86, — That Bill C–44, in Clause 72, be amended by replacing line 1 on page 46 with the following:
- “72.
-
- (1)
- A corporation referred“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 87, — That Bill C–44, in Clause 72, be amended by replacing, in the English version, line 8 on page 46 with the following:
-
- “(2)
- The corporation shall, at “
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 88, — That Bill C–44, in Clause 72, be amended by replacing, in the English version, line 17 on page 46 with the following:
-
- “(3)
- The corporation shall“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 89, — That Bill C–44, in Clause 73, be amended by replacing line 28 on page 46 with the following:
- “73.
-
- (1)
- A corporation referred“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 90, — That Bill C–44, in Clause 74, be amended by replacing line 15 on page 47 with the following:
- “74.
-
- (1)
- A corporation referred“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 91, — That Bill C–44, in Clause 76, be amended by replacing line 1 on page 48 with the following:
- “76.
-
- (1)
- A corporation referred“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 92, — That Bill C–44, in Clause 77, be amended by replacing, in the English version, line 1 on page 49 with the following:
-
- “(3)
- A corporation referred to”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 93, — That Bill C–44, in Clause 79, be amended by replacing line 21 on page 49 with the following:
“Property Act, the Governor in Council has the administra-”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 94, — That Bill C–44, in Clause 79, be amended by replacing lines 21 to 23 on page 49 with the following:
“Property Act, the Minister or other member of the Queen’s Privy Council for Canada to whom federal real property is transferred under subsection 69(1) or (1.1) has the administration of the property.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 95, — That Bill C–44 be amended by deleting Clause 82.
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 96, — That Bill C–44, in Clause 85, be amended by replacing line 12 on page 52 with the following:
“tration of the Governor in Council.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 102, — That Bill C–44 be amended by adding after line 39 on page 71 the following:
- “127.1.
- The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Jacques-Cartier and Champlain Bridges Inc., with any modifications that the Governor in Council considers appropriate.
- 127.2.
- The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Seaway International Bridge Corporation, Ltd., with any modifications that the Governor in Council considers appropriate.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 115, — That Bill C–44 be amended by adding after line 30 on page 84 the following:
- “159.2.
-
Schedule III to the Act is amended by adding the following in alphabetical order:
The Jacques-Cartier and Champlain Bridges Inc.
Les Ponts Jacques-Cartier et Champlain Inc.
- 159.3.
-
Schedule III to the Act is amended by adding the following in alphabetical order:
The Seaway International Bridge Corporation, Ltd.
La Corporation du Pont international de la voie maritime, Ltée”
The question was put on Motion No. 2 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 65 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 84, was deferred.
The question was put on Motion No. 66 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 67 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 69 and 77, was deferred.
The question was put on Motion No. 68 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 70 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 71 to 75, 78, 79, 81, 83, 85, 93, and 96, was deferred.
The question was put on Motion No. 76 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 86 to 92, was deferred.
The question was put on Motion No. 80 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 95 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 102 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 115, was deferred.
Group No. 3
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 3, — That Bill C–44 be amended by adding after line 4 on page 3 the following:
- “2.1.
- For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the application of section 35 of the Constitution Act, 1982 to existing aboriginal or treaty rights of the aboriginal peoples of Canada.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 4, — That Bill C–44, in Clause 3, be amended by replacing line 8 on page 3 with the following:
“that provides equal treatment for all ports and harbours within Canada that meet the criteria set out in subsection 6(1) and that provides Canada with the marine”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 5, — That Bill C–44, in Clause 3, be amended by replacing line 9 on page 3 with the following:
“infrastructure that it needs and that offers effective support for the achievement of local, regional and national social and economic objectives and will”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 6, — That Bill C–44, in Clause 3, be amended by replacing lines 19 and 20 on page 3 with the following:
“vices are organized to satisfy the needs of users and the needs of the community in which a port or harbour is located and are available at reasonable cost”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 7, — That Bill C–44, in Clause 3, be amended by replacing line 32 on page 3 with the following:
“from users and the community in which a port or harbour is located;”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 9, — That Bill C–44 be amended by adding after line 37, on page 3, the following:
- “3.1.
- For the purpose of paragraph 3(g), ‘disposition’ means the offering of a port or harbour, first, to the province in which the port or harbour is located, second, to the municipality in which the port or harbour is located and, third, to any other bona fide purchaser who meets the criteria set out by the Minister.”
The question was put on Motion No. 3 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 4 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 5 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 6 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 7 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 9 and, pursuant to Standing Order 76(8), the recorded division was deferred.
Group No. 4
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 8, — That Bill C–44, in Clause 3, be amended by replacing lines 34 and 35 on page 3 with the following:
“or otherwise, of certain ports and harbours and port and harbour facilities; and”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 10, — That Bill C–44, in Clause 4, be amended by replacing line 6 to 8, on page 4 with the following:
“‘port’ or ‘harbour’ means the navigable waters under the jurisdiction of a port or harbour authority and the real property that the port or harbour authority manages,”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 11, — That Bill C–44, in Clause 4, be amended by replacing line 11 on page 4 with the following:
“‘user’, in respect of a port or harbour means a person”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 12, — That Bill C–44, in Clause 5, be amended by replacing line 14 to 16, on page 4 with the following:
- “5.
-
- (1)
- This part applies to every port or harbour authority set out in the schedule and to every port or harbour authority for which letters patent of“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 13, — That Bill C–44, in Clause 5, be amended by replacing line 21 to 23, on page 4 with the following:
“schedule by adding to it the names of port or harbour authorities to which letters patent are issued or by removing from it the names of port or harbour”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 14, — That Bill C–44, in Clause 5.1, be amended by replacing line 25 on page 4 with the following:
- “5.1.
-
- (1)
- A port or harbour authority is an agent of Her“
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 15, — That Bill C–44, in Clause 5.1, be amended by
- replacing lines 25 to 27 on page 4 with the following:
- “5.1.
-
- (1)
- Subject to subsection (3), a port authority is an agent of Her Majesty in right of Canada only for the purposes of engaging in the port activities referred to in paragraph 24(2)(a).”
- replacing lines 30 and 31 on page 4 with the following:
-
- “
-
right of Canada unless, subject to subsection (3),
- (a)
- it was an agent of Her Majesty in right of Canada on June 10, 1996; and
- (b)
- it is an agent of Her Majesty in right of Canada under an enactment other than this Act.
- (3)
- A port authority or a wholly-owned subsidiary of a port authority may not borrow money as an agent of Her Majesty in right of Canada.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 16, — That Bill C–44, in Clause 5.1, be amended by replacing line 28 on page 4 with the following:
-
- “(2)
- A wholly-owned subsidiary of a port or harbour“
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 17, — That Bill C–44, in Clause 6, be amended by replacing line 3 to 5, on page 5 with the following:
“stated in them for a port or harbour authority without share capital for the purpose of operating a particular port or harbour in Canada if the minister is”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 26, — That Bill C–44 be amended by adding after line 23, on page 6, the following:
- “7.1.
-
-
Notwithstanding any other provision of this Act and subject to subsection (2), a harbour commission established pursuant to the Harbour Commissions Act, The Hamilton Harbour Commissioners’ Act or The Toronto Harbour Commissioners’ Act, 1911 may continue to be governed by the statute pursuant to which it was established if
- (a)
- it submits an application in writing to the Minister to that effect; and
- (b)
- the Minister is satisfied that the port operated by the harbour commission meets the conditions set out in subsection 6(1).
- (2)
- For greater certainty, a harbour commission that continues, under subsection (1), to be governed by the statute under which it was established may, at any time, apply for a continuance under subsection 8(1).”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 27, — That Bill C–44, in Clause 8, be amended by replacing line 24 on page 6 with the following:
- “8.
-
- (1)
- If the Minister receives a request in writing from a harbour commission and is satisfied that the“
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 28, — That Bill C–44, in Clause 8, be amended by
- replacing lines 24 to 26 on page 6 with the following:
“8. (1) Subject to subsection (1.1), if the Minister is satisfied that the criteria set out in subsection 6(1) are met, the Minister may issue in respect of one or more harbour commissions”
- adding after line 32 on page 6 the following:
“(1.1) The Minister may not issue letters patent of continuance in respect of The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act before that harbour commission applies for the issuance of those letters patent.”
- replacing line 39 on page 6 with the following:
“tion of the port authority;”
- replacing line 8 on page 7 with the following:
“authority that was one or more harbour commissions”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 29, — That Bill C–44, in Clause 8, be amended by replacing line 6 on page 7 with the following:
“1911, as the case may be, ceases to apply only if the harbour commissions, as referred to, make application to the Minister to change their status from a harbour commission to a port authority.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 32, — That Bill C–44, in Clause 12, be amended by replacing line 33 on page 11 with the following:
“Minister in consultation with users, as defined in section 4, selected”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 118, — That Bill C–44 be amended by deleting Clause 169.
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 119, — That Bill C–44 be amended by deleting Clause 170.
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 120, — That Bill C–44 be amended by deleting Clause 171.
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 121, — That Bill C–44 be amended by deleting Clause 172.
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 122, — That Bill C–44 be amended by deleting Clause 175.
The question was put on Motion No. 8 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 10, 12 to 14, 16 and 17, was deferred.
The question was put on Motion No. 11 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 32, was deferred.
The question was put on Motion No. 26 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 27, 29 and 118 to 122, was deferred.
Group No. 5
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 18, — That Bill C–44, in Clause 6, be amended by replacing line 11 on page 5 with the following:
“(c) is linked to a rail line or a major“
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 19, — That Bill C–44, in Clause 6, be amended by replacing line 13 on page 5 with the following:
“(d) has a significant amount of traffic.”
Mr. Bryden (Hamilton–Wentworth), seconded by Mr. McKinnon (Brandon–Souris), moved Motion No. 20, — That Bill C–44, in Clause 6, be amended by replacing line 31 on page 5 with the following:
“(ii) one individual appointed by each of the”
Mr. Robinson (Burnaby–Kingsway), seconded by Mr. Althouse (Mackenzie), moved Motion No. 21, — That Bill C–44, in Clause 6, be amended by replacing lines 31 to 33 on page 5 with the following:
“(ii) one individual appointed by the municipalities mentioned in the letters patent, with the exception of the port of Vancouver where there shall be two individuals appointed by the municipalities mentioned in the letters patent,”
Mr. Robinson (Burnaby–Kingsway), seconded by Mr. Althouse (Mackenzie), moved Motion No. 22, — That Bill C–44, in Clause 6, be amended by replacing lines 31 to 33 on page 5 with the following:
“(ii) two individuals appointed by the municipalities mentioned in the letters patent,”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 23, — That Bill C–44, in Clause 6, be amended by replacing line 6 on page 6 with the following:
“(h) the charge to the“
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 24, — That Bill C–44, in Clause 6, be amended by
- replacing lines 11 and 12 on page 6 with the following:
-
- “
- good standing;
- (i)
- the extent to which the port authority and a wholly-owned subsidiary of the port authority may undertake port activities referred to in paragraph 24(2)(a) and other activities referred to in paragraph 24(2)(b);
- (j)
- the maximum term of a lease or licence of federal real property under the management of the port authority;
- (k)
- the limits on the authority of the port authority to contract as agent for Her Majesty;
- (l)
- the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes; and
- (m)
- any other provision that the Minister”
- adding the following after line 15 on page 6:
-
- “(3)
- Letters patent are not regulations within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.
- (4)
- Any provisions of letters patent relating to the extent to which a port authority may undertake activities referred to in paragraph 24(2)(b) shall be approved by the President of the Treasury Board and the Minister of Finance before the letters patent are issued.
- (5)
- Any provisions of letters patent relating to limits on the power of a port authority to borrow money on the credit of the port authority for port purposes shall be approved by the Governor in Council before the letters patent are issued.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 25, — That Bill C–44, in Clause 7, be amended by replacing lines 16 and 17 on page 6 with the following:
- “7.
- The Minister may, on the Minister’s own initiative and after consulting with the board of directors, or at the request of the board of directors,”
Mr. Bryden (Hamilton–Wentworth), seconded by Mr. McKinnon (Brandon–Souris), moved Motion No. 31, — That Bill C–44, in Clause 12, be amended by replacing line 26 on page 11 with the following:
“letters patent each appoint one individual,”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 33, — That Bill C–44, in Clause 13, be amended by replacing lines 20 to 24 on page 12 with the following:
“in their field and relevant knowledge and extensive experience related to the management of a business and staff relations.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 34, — That Bill C–44, in Clause 13, be amended by replacing line 24 on page 12 with the following:
“port or to maritime trade. Competent individuals from the community shall not be excluded from acting as directors solely because they do not represent the transportation industry or business community.”
Mr. Robinson (Burnaby–Kingsway), seconded by Mr. Althouse (Mackenzie), moved Motion No. 35, — That Bill C–44, in Clause 14, be amended by deleting lines 27 to 29 on page 12.
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 36, — That Bill C–44, in Clause 14, be amended by replacing lines 42 to 44 on page 12 with the following:
“employee of a person who is a user of the port;”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 37, — That Bill C–44, in Clause 14, be amended by replacing line 44 on page 12 with the following:
“individual user who has such a contract and refuses to comply with a code of ethics approved by the Minister;”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 38, — That Bill C–44, in Clause 20, be amended by replacing lines 30 to 36 on page 14 with the following:
- “20.
-
- (1)
- If a port authority or a wholly-owned subsidiary of a port authority is acting as agent of Her Majesty in right of Canada, the port authority or subsidiary must fulfil or satisfy an obligation or liability in respect of the port authority or subsidiary, as the case may be, arising from its exercise of, or its failure to exercise, a power or right or arising by operation of law. Her Majesty is not responsible for fulfilment or satisfaction of the obligation or liability, except that if a judgment or decision is rendered by a court of competent jurisdiction in respect of the obligation or liability, Her Majesty is responsible for satisfying the judgment or decision to the extent that it remains unsatisfied by the port authority or subsidiary at least thirty days after the judgment or decision becomes final.
- (2)
- If a port authority or a wholly-owned subsidiary of a port authority is not acting as agent of Her Majesty in right of Canada, an obligation or liability in respect of the port authority or subsidiary, as the case may be, arising from its exercise of, or its failure to exercise, a power or right or arising by operation of law is an obligation or liability of the port authority or subsidiary, as the case may be, and not an obligation or liability of Her Majesty.
- (3)
- A port authority and a wholly-owned subsidiary of a port authority shall fully maintain in good standing at all times the insurance coverage required by any regulations made under section 52.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 39, — That Bill C–44, in Clause 20.1, be amended by replacing line 4 on page 15 with the following:
“authority or a wholly-owned subsidiary of a port authority.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 40, — That Bill C–44, in Clause 21, be amended by replacing lines 5 to 13 on page 15 with the following:
- “21.
-
No payment to a port authority or a wholly-owned subsidiary of a port authority may be made under an appropriation by Parliament to enable the port authority or subsidiary to discharge an obligation or liability. This section applies
- (a)
- even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 5.1; and
- (b)
- notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act, any other Act in respect of emergencies or any Act of general application providing for grants.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 41, — That Bill C–44, in Clause 22, be amended by replacing lines 14 to 18 on page 15 with the following:
- “22.
- No guarantee may be given under the authority of Parliament by or on behalf of Her Majesty for the discharge of an obligation or liability of a port authority or a wholly-owned subsidiary of a port authority. This section applies even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 5.1.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 42, — That Bill C–44, in Clause 24, be amended by
- replacing lines 38 to 44 on page 15 with the following:
-
- “(2)
-
The power of a port authority to operate a port is limited to the power to engage in
- (a)
- port activities related to shipping, navigation, transportation of passengers and goods, handling of goods and storage of goods, to the extent that those activities are specified in the letters patent; and
- (b)
- other activities that are deemed in the letters patent to be necessary to support port operations.
- (2.1)
- The activities that a port authority may engage in under paragraph (2)(b) may be carried on by the port authority directly or through a wholly-owned subsidiary of the port authority. The port authority and the subsidiary are not agents of Her Majesty in right of Canada for the purpose of engaging in those activities.”
- replacing lines 7 and 8 on page 16 with the following:
-
- “(3.1)
- A port authority or wholly-owned subsidiary of a port authority that enters into a contract other than as agent of Her Majesty in right of Canada shall do so in its own name. It shall expressly state in the contract that it is entering into the contract on its own behalf and not as agent of Her Majesty in right of Canada. For greater certainty, the contracts to which this subsection applies include a contract for the borrowing of money.
- (3.2)
-
The directors of a port authority shall take all necessary measures to ensure
- (a)
- that the port authority and any wholly-owned subsidiary of the port authority comply with subsection (3.1); and
- (b)
- that any subcontract arising directly or indirectly from a contract to which subsection (3.1) applies expressly states that the port authority or subsidiary, as the case may be, enters into the contract on its own behalf and not as agent of Her Majesty in right of Canada.
- (3.3)
- If a port authority or a wholly-owned subsidiary of a port authority fails to comply with subsection (3.1), or the directors of a port authority fail to comply with subsection (3.2), the Minister of Finance, on the recommendation of the Minister of Transport, may impose any limitations that the Minister of Finance considers to be in the public interest on the power of the port authority or subsidiary to borrow money, including limitations on the time and terms and conditions of any borrowing.
- (3.4)
- For greater certainty, the imposition under subsection (3.3) of limitations on the power of a port authority or subsidiary to borrow money or the imposition of other limitations or controls by the Minister, any other member of the Queen’s Privy Council for Canada or the Governor in Council, through the issuance of letters patent, the granting of any approval or any other means, does not expand the extent, if any, to which the port authority or subsidiary is an agent of Her Majesty in right of Canada beyond that described in section 5.1.
- (3.5)
- A port authority, or a wholly-owned subsidiary of a port authority, that enters into a contract as an agent of Her Majesty in right of Canada is bound by the contract and is responsible to Her Majesty for the performance of obligations to other parties under the contract.”
- by replacing lines 21 to 26 on page 16 with the following:
-
- “
-
wholly-owned subsidiaries
- (a)
- have and exercise only the powers authorized in the letters patent of the port authority;
- (b)
- carry on only the activities authorized in the letters patent; and
- (c)
- do not exercise any power or carry on any activity in a manner contrary to the letters patent or this Act.
- (5.1)
- The Governor in Council may declare that any provision of this Part that applies only to port authorities applies to a wholly-owned subsidiary of a port authority. In that case, the provision applies to the subsidiary as if it were a port authority, with such modifications as the circumstances require.”
- by replacing line 30 on page 16 with the following:
“on or exercised on December 1, 1995 but,”
- by adding after line 34 on page 16 the following:
-
- “(7)
-
Unless the letters patent of a port authority provide otherwise, the port authority or a wholly-owned subsidiary of the port authority shall not
- (a)
- cause the incorporation of a corporation whose shares on incorporation would be held by, on behalf of or in trust for the port authority or subsidiary;
- (b)
- acquire shares of a corporation to be held on behalf of or in trust for the port authority or subsidiary;
- (c)
- acquire all or substantially all of the assets of another corporation;
- (d)
- sell or otherwise dispose of shares of a wholly-owned subsidiary of the port authority; or
- (e)
- cause the dissolution or amalgamation of a wholly-owned subsidiary of the port authority.”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 43, — That Bill C–44, in Clause 24, be amended by replacing lines 40 to 44 on page 15 with the following:
“a port is limited to the power to engage directly or indirectly in the port activities of shipping, navigation and the handling and storage of goods as well as activities necessary to support port operations and a port authority may, in particular, by itself, or with other bodies, construct, maintain and operate highways, railways, ships, factories and equipment and may generally undertake activities and exercise the powers it considers necessary for the effective administration, management and control of the port, the works and other properties placed under its authority.”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 44, — That Bill C–44, in Clause 24, be amended by deleting lines 9 to 18 on page 16.
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 45, — That Bill C–44, in Clause 24, be amended by replacing line 34 on page 16 with the following:
“authorized in the letters patent, and a port authority may, subject to the approval of the Minister, establish a subsidiary, whether or not the subsidiary is wholly-owneed, if it considers this necessary for its operation.”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 46, — That Bill C–44, in Clause 25, be amended by replacing lines 35 to 43 on page 16 and lines 1 to 11 on page 17 with the following:
- “25.
- A railway that is constructed, purchased, leased, operated or maintained on lands managed, held or occupied by a port authority is subject to the Railway Safety Act but is not subject to Part III of the Canada Transportation Act.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 47, — That Bill C–44, be amended by adding after line 6 on page 18 the following:
- “28.01.
- A person who deals with a port authority, acquires rights from a port authority or directly or indirectly acquires rights relating to a port authority is deemed to know the contents of the letters patent of the port authority.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 48, — That Bill C–44, in Clause 30, be amended by adding after line 9 on page 20 the following:
-
- “(5)
- A port authority shall submit to the Minister its audited annual financial statements, and those of its wholly-owned subsidiaries, at least thirty days before the port authority’s annual meeting.
- (6)
- A port authority shall provide the Minister with such accounts, budgets, returns, statements, documents, records, books, reports or other information as the Minister may require, including information about any contingent liabilities of the port authority or of its wholly-owned subsidiaries.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 49, — That Bill C–44 be amended by adding after line 37 on page 20 the following:
- “32.1.
- A port authority shall annually submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing such information as the Minister may require, including any material changes in respect of information provided in the previous business plan.
- 32.2.
- The financial statements and business plan of a port authority shall be prepared in a form that clearly sets out information about each of the activities of the port authority and its wholly-owned subsidiaries, with the information about port activities referred to in paragraph 24(2)(a) set out separately from the information about other activities referred to in paragraph 24(2)(b).”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 58, — That Bill C–44, in Clause 52, be amended by
- replacing line 16 on page 34 with the following:
“hibition of uses, structures, works and operations;”
- replacing line 18 on page 34 with the following:
“any structure or work that interferes with navigation”
- deleting line 30 on page 34
- adding after line 36 on page 34 the following:
-
- “(g)
- the stewardship obligation of a port authority in respect of federal real property under the management of the port authority;
- (h)
- the insurance coverage that a port authority and a wholly-owned subsidiary of a port authority must maintain; and
- (i)
- the imposition of obligations on a port authority or a wholly-owned subsidiary of a port authority, as an agent of Her Majesty in right of Canada, including any requirements for a port authority or a wholly-owned subsidiary of a port authority to indemnify Her Majesty.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 112, — That Bill C–44, in Clause 141.1, be amended by replacing lines 26 to 34 on page 77 and lines 1 to 7 on page 78 with the following:
“Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 114, — That Bill C–44, in Clause 159.1, be amended by replacing lines 15 to 30 on page 84 with the following:
“Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 117, — That Bill C–44, in Clause 165.1, be amended by replacing lines 1 to 16 on page 86 with the following:
“Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 125, — That Bill C–44 be amended by replacing the schedule on page 88 with the following:
“SCHEDULE
(Section 5)
PORT AUTHORITIES
Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Mr. Mills (Broadview–Greenwood), seconded by Mr. Crawford (Kent), moved Motion No. 126, — That Bill C–44, in the Schedule, be amended by adding in alphabetical order the following:
“Toronto Port Authority
Administration portuaire de Toronto”
Mr. Crête (Kamouraska–Rivière-du-Loup), seconded by Mrs. Tremblay (Rimouski–Témiscouata), moved Motion No. 127, — That Bill C–44, in the Schedule, be amended by adding in alphabetical order the following:
“Trois-Rivières Port Authority
Administration portuaire de Trois-Rivières”
The question was put on Motion No. 18 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 19 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 20 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 31, was deferred.
The question was put on Motion No. 23 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 24 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 25 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 33 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 35 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 36 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 38 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 39 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 40 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 41, was deferred.
The question was put on Motion No. 42 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 44 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 45 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 46 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 47 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 48 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 49 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 58 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 112 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 114, 117 and 125, was deferred.
Group No. 6
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 59, — That Bill C–44, in Clause 54, be amended by adding after line 18 on page 36 the following:
-
- “(6)
- The Governor in Council may, by regulation, repeal the designation of a public port or public port facility made or deemed to have been made under this section.”
Mr. Byrne (Humber–St. Barbe–Baie-Verte), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 61, — That Bill C–44, in Clause 61, be amended by adding after line 31 on page 38 the following:
-
- “(2)
- A person or body who wishes to enter into an agreement under paragraph (1)(a) shall submit a proposal for the sale, management and operation of a public port or port facility to the Minister at least 60 days before an agreement would take affect.
- (3)
-
The proposal may include, but is not limited to the following:
- (a)
- the objectives;
- (b)
- capital and operating plans;
- (c)
- fee and tariff schedules;
- (d)
- management and ownership structures; and
- (e)
- any other information and related documents the Minister considers appropriate.
- (4)
- A person or body shall take all reasonable steps to bring notice of the proposal to the attention of persons likely to be affected by it at least 60 days before an agreement would take affect.
- (5)
- An interested person may at any time within the notice period file an objection with the Agency that it is not in the public interest to dispose of all or part of the federal real property that formed part of a public port or public port facility, and the Agency shall consider the objection without delay and report its findings to the Minister who shall be governed accordingly.
- (6)
- Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, to every report of the Agency made under subsection (5) as if the report were a decision made pursuant to that Act.”
Mr. Byrne (Humber–St. Barbe–Baie-Verte), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 62, — That Bill C–44, in Clause 61, be amended by replacing line 32 on page 38 with the following:
-
- “(2)
- The agreements shall include “
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 64, — That Bill C–44, in Clause 65, be amended by replacing line 22 on page 41 with the following:
“modifications as the circumstances require, except that, in making those modifications to section 49, the references in that section to a person or member of a class of persons designated under subsection 49(1) shall be taken to be references to a person or member of a class of persons designated under this section.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 97, — That Bill C–44, in Clause 87, be amended by replacing line 13 on page 53 with the following:
“cations as the circumstances require, except that, in making those modifications to section 49, the references in that section to a person or member of a class of persons designated under subsection 49(1) shall be taken to be references to a person or member of a class of persons designated under this section.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 98, — That Bill C–44, in Clause 94, be amended by replacing line 9 on page 55 with the following:
“require, except that, in making those modifications to section 49, the references in that section to a person or member of a class of persons designated under subsection 49(1) shall be taken to be references to a person or member of a class of persons designated under this section.”
Mrs. Wayne (Saint John), seconded by Mr. Charest (Sherbrooke), moved Motion No. 99, — That Bill C–44, in Clause 96, be amended by adding after line 7 on page 56 the following:
-
- “(4)
- The Minister shall ensure that, within one month from the day on which a port authority begins to operate a port, the port authority will provide officers for the enforcement of the laws of Canada or any province in so far as the enforcement of those laws relates to the protection under the administration of the port authority or to the protection of persons present on, or property situated on, premise under the administration of the port authority.
- (5)
- In hiring police officers for the purpose mentioned in subsection (4), a port authority shall give preference to persons who have previously performed policing duties at the port.
- (6)
- The Minister shall not issue letters patent to a port authority unless the Minister is of the opinion that the port authority will, within one month from the day on which the port authority begins to operate the port, make suitable arrangements with the local municipal police force to provide police officers for the purpose mentioned in subsection (4).”
Mr. Hanger (Calgary Northeast), seconded by Mr. Duncan (North Island–Powell River), moved Motion No. 100, — That Bill C–44 be amended by adding after line 7 on page 56 the following:
- “96.1.
-
- (1)
- The Minister may designate any person as a peace officer for the purposes of law enforcement at a port authority, public port or any other location specified in this Act.
- (2)
- Any person so designated shall enjoy all of the authority granted to members of the Canada Ports Police as defined under the Canada Ports Corporation Act, including the enforcement of this Act.
- (3)
- All members of the Canada Ports Corporation Act are continued as member of the Canada Port Police pursuant to this Act.
- (4)
- The Minister shall assess the costs associated with the deployment of the Canada Ports Police at a Port Authority and include them, or any portion of them, as a charge against the Port Corporation pursuant to section 6(h) of this Act.”
Mr. Hanger (Calgary Northeast), seconded by Mr. Duncan (North Island–Powell River), moved Motion No. 101, — That Bill C–44 be amended by adding after line 9 on page 69 the following:
- “119.1.
-
- (1)
- Peace officers appointed and continued pursuant to Section 96.1 of this Act shall be subject to the provisions of the Public Service Staff Relations Act, the Financial Administration Act and are deemed to be employees of the Crown in Right of Canada.
- (2)
- All collective agreements in force, and any grievances thereto, in relation to peace officers continued pursuant to section 96 of this Act are continued as if the Crown in Right of Canada was the original employer in the agreement.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 104, — That Bill C–44 be amended by adding after line 7, on page 74, the following:
- “131.2.
-
Peace officers appointed and continued pursuant to Section 96.1 of this Act shall be subject to the provisions of the Public Service Staff Relations Act, the Financial Administration Act and are deemed to be employees of the Crown in Right of Canada.
- (2)
- An authority shall take measures to permit masters and officers to obtain pilotage certificates, to perform pilotage duties on the ship on which they are a regular member of the complement.
- 131.3.
-
The portion of the English version of subsection 22(1) of the Act after paragraph (b) is replaced by the following:
issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area comparable to that required of an applicant for a licence for that compulsory pilotage area.
- 131.4.
-
Section 22 of the Act is amended by adding the following after subsection (1):
- (1.1)
- Determination of whether an applicant for a pilotage certificate has comparable skill and knowledge to an applicant for a licence, may be made through a ship simulator testing program or other mutually agreeable practical testing method.”
Mr. Gouk (Kootenay West–Revelstoke), seconded by Mr. Duncan (North Island–Powell River), moved Motion No. 105, — That Bill C–44 be amended by adding after line 7, on page 74, the following:
- “131.2.
-
Section 18 of the Act is renumbered as subsection 18(1) and is amended by adding the following:
- (2)
- An authority shall take measures to permit masters and officers to obtain pilotage certificates, to perform pilotage duties on the ship on which they are a regular member of the complement.
- 131.3.
-
The portion of the English version of subsection 22(1) of the Act after paragraph (b) is replaced by the following:
issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area comparable to that required of an applicant for a licence for that compulsory pilotage area.”
Mr. Gouk (Kootenay West–Revelstoke), seconded by Mr. Duncan (North Island–Powell River), moved Motion No. 106, — That Bill C–44 be amended by adding after line 7, on page 74, the following:
- “131.4.
-
Section 22 of the Act is amended by adding the following after subsection (1):
- (1.1)
- Determination of whether an applicant for a pilotage certificate has comparable skill and knowledge to an applicant for a licence, may be made through a ship simulator testing program or other mutually agreeable practical testing method.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 107, — That Bill C–44, in Clause 135, be amended by replacing lines 28 to 32 on page 75 with the following:
- “36.01.
- No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies.”
Mr. Comuzzi (Thunder Bay–Nipigon), seconded by Mr. Mills (Broadview–Greenwood), moved Motion No. 108, — That Bill C–44 be amended by adding after line 11, on page 76, the following:
- “136.4.
-
Section 52 of the Act is amended by adding the following after paragraph (a):
- (a.1)
- prescribing requirements for the approval of simulator training course or other mutually agreable practical testing method for issuance of pilotage certificates;”
Mr. Gouk (Kootenay West–Revelstoke), seconded by Mr. Duncan (North Island–Powell River), moved Motion No. 109, — That Bill C–44 be amended by adding after line 11, on page 76, the following:
- “136.4.
-
Section 52 of the Act is amended by adding the following after paragraph (a):
- (a.1)
- prescribing requirements for the approval of simulator training courses or other mutually agreable practical testing method for issuance of pilotage certificates;”
Mr. Gouk (Kootenay West–Revelstoke), seconded by Mr. Duncan (North Island–Powell River), moved Motion No. 110, — That Bill C–44, in Clause 137, be amended by replacing line 20 on page 76 with the following:
“area designations, ships or classes of ships subject to compulsory pilotage, dispute resolution mecha-”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 111, — That Bill C–44, in Clause 138, be amended by replacing lines 28 to 31 on page 76 with the following:
- “138.
-
The Act is amended by replacing the name “Great Lakes Pilotage Authority, Ltd.” with the name “Great Lakes Pilotage Authority” in the following provisions:
- (a)
- subsections 46(1) and (2); and
- (b)
- the schedule.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 116, — That Bill C–44 be amended by adding after line 35 on page 84 the following:
- “160.1.
-
Schedule IV to the Act is amended by adding the following in alphabetical order:
Great Lakes Pilotage Authority
Administration de pilotage des Grands Lacs”
The question was put on Motion No. 59 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 61 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 62 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 64 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 97 and 98, was deferred.
The question was put on Motion No. 99 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 100 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 101, was deferred.
The question was put on Motion No. 104 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 108, was deferred.
The question was put on Motion No. 107 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 110 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 11 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 116, was deferred.
Group No. 7
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 103, — That Bill C–44 be amended by adding after line 3 on page 72 the following:
- “128.1.
- A review of the provisions and operation of this Act shall be completed by the Minister during the fifth year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 123, — That Bill C–44, in Clause 176, be amended by replacing lines 14 to 17 on page 87 with the following:
-
- “
-
this section comes into force,
- (a)
-
subsection 6(3) of this Act is replaced by the following:
(3) Letters patent are not regulations within the meaning of the Regulations Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.
- (b)
-
subsection 40(9) of this Act is replaced by the following:
(9) Land use plans are not regulations”
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 124, — That Bill C–44, in Clause 177, be amended by replacing lines 19 to 28 on page 87 with the following:
- “177.
-
- (1)
- Subject to this section, this Act comes into force 150 days after the day on which it receives Royal Assent unless, before that day, the Governor in Council, by order, declares that this Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.
- (2)
- Subject to subsection (3), Part III, or any of its provisions, and sections 127.1, 127.2, 130, 138, 139.1, 140, 141, 147.1, 148, 150, 151, 152, 154, 155, 159.2, 159.3, 160, 160.1, 163, 164, 165, 169 to 172, 174 and 175 come into force on a day or days to be fixed by order of the Governor in Council.
- (3)
- Sections 169 to 171 may not come into force before letters patent of continuance are issued under section 8 in respect of The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act.”
The question was put on Motion No. 103 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 123 and, pursuant to Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 124 and, pursuant to Standing Order 76(8), the recorded division was deferred.
By unanimous consent, it was ordered, — That Motions Nos 112, 114, 117 and 125 be amended to include the words “Toronto Port Authority”, and that Motion No. 126 be withdrawn.
Accordingly, Motion No. 126 was withdrawn.
Accordingly, Motion No. 112 was amended to read as follows:
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 112, — That Bill C–44, in Clause 141.1, be amended by replacing lines 26 to 34 on page 77 and lines 1 to 7 on page 78 with the following:
“Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Toronto Port Authority
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Accordingly, Motion No. 114 was amended to read as follows:
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 114, — That Bill C–44, in Clause 159.1, be amended by replacing lines 15 to 30 on page 84 with the following:
“Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Toronto Port Authority
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Accordingly, Motion No. 117 was amended to read as follows:
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 117, — That Bill C–44, in Clause 165.1, be amended by replacing lines 1 to 16 on page 86 with the following:
“Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Toronto Port Authority
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Accordingly, Motion No. 125 was amended to read as follows:
Mr. Anderson (Minister of Transport), seconded by Mr. Mifflin (Minister of Fisheries and Oceans), moved Motion No. 125, — That Bill C–44 be amended by replacing the schedule on page 88 with the following:
“SCHEDULE
(Section 5)
PORT AUTHORITIES
Fraser River Port Authority
Administration portuaire du fleuve Fraser
Halifax Port Authority
Administration portuaire de Halifax
Montreal Port Authority
Administration portuaire de Montréal
Nanaimo Port Authority
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Quebec Port Authority
Administration portuaire de Québec
Saguenay Port Authority
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
Sept-Îles Port Authority
Administration portuaire de Sept-Îles
St. John’s Port Authority
Administration portuaire de St. John’s
Thunder Bay Port Authority
Administration portuaire de Thunder Bay
Toronto Port Authority
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Vancouver Port Authority
Administration portuaire de Vancouver
Windsor Port Authority
Administration portuaire de Windsor”
Group No. 8
By unanimous consent, Mr. Kilger (Stormont–Dundas), seconded by Mr. Keyes (Parliamentary Secretary to the Minister of Transport), moved new Motion No. 128, — That Bill C–44 be amended by adding after line 33 on page 52 the following:
- “85.1.
-
- (1)
- Until the dissolution of the Authority by virtue of section 85, the Corporate Services of the Authority shall be located in Cornwall, Ontario.
- (2)
- Upon the dissolution of the Authority, the Administrative Services, Audit Services, Finance and Accounting, Human Resources Services, Information Technology Services, Marine Services, Operation Services, Maintenance Services and Tolls and Statistics offered in respect of the operations of the St. Lawrence Seaway shall be located in Cornwall, Ontario.”
The question was put on new Motion No. 128 and, pursuant to Standing Order 76(8), the recorded division was deferred.
Pursuant to Standing Order 76(8), the House proceeded to the taking of the deferred recorded divisions at report stage and second reading of Bill C–44, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, as reported by the Standing Committee on Transport with amendments.
Pursuant to Order made earlier today, the recorded divisions were further deferred until Tuesday, April 15, 1997, at the expiry of the time provided for Government Orders.
Returns and Reports Deposited with the Clerk of the House
Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:
by Mr. Gagliano (Minister of Labour) — Report of the Canada Labour Relations Board for the fiscal year ended March 31, 1996, pursuant to the Canada Labour Code, R.S. 1985, c. L-2, sbs. 121(1). — Sessional Paper No. 8560-352-111A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Human Resources Development)
by Mr. Irwin (Minister of Indian Affairs and Northern Development) — Statutes of the Northwest Territories for the year 1996, pursuant to the Northwest Territories Act, R. S. 1985, c. N–27, sbs. 21(1). — Sessional Paper No. 8560-352-388E. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Aboriginal Affairs and Northern Development)
by Mr. Irwin (Minister of Indian Affairs and Northern Development) — Statutes of the Yukon for the year 1996, pursuant to the Yukon Act, R. S. 1985, c. Y-2, sbs. 22(1). — Sessional Paper No. 8560-352-387B. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Aboriginal Affairs and Northern Development)
Petitions Filed with the Clerk of the House
Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:
- by Mr. Riis (Kamloops), one concerning the Canada Post Corporation (No. 352-2079);
- by Mr. Pickard (Essex–Kent), one concerning the highway system (No. 352-2080) and one concerning the tax on gasoline (No. 352-2081).
Adjournment
At 7:23 p.m., the Acting Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).