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Monday, April 30, 2018 (No. 288)

Motions Respecting Senate Amendments to Bills

C-49

An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts

April 27, 2018 — — That a message be sent to the Senate to acquaint their Honours that, in relation to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts, the House:

agrees with amendments 2, 7(a) and 10(b) made by the Senate;

respectfully disagrees with amendments 1(a)(i), 1(b), 5(a)(i), 5(b) because the issues raised by the amendments are addressed in the bill or by existing legislation;

respectfully disagrees with amendment 1(a)(ii) because this would affect the Minister’s ability to issue a decision on an application for a joint venture within the timelines set forth in the bill;

respectfully disagrees with amendments 3 and 4 because the passenger rights will be established in regulation by the Canada Transportation Agency, as opposed to the airlines, and will automatically be incorporated into an airline tariff for the benefit of the passenger, and furthermore, Bill C-49 does not preclude third party advocates from filing complaints on the content of terms and conditions of tariffs they find unreasonable;

respectfully disagrees with amendment 5(a)(ii) because Bill C-49 mandates new regulations that would specify carriers’ obligations or standards of treatment of passengers for any delays, including a tarmac delay, as well as specific obligations for tarmac delays of more than three hours;

respectfully disagrees with amendment 5(a)(iii) because further study and consultation with concerned parties, including the federal agencies responsible for official languages, the Official Languages Commissioner and the industry stakeholders are required to better understand the economic implications and competitiveness on the Canadian air sector;

proposes that amendment 6 be amended by replacing the text of subsection (1.01) and (1.1) with the following “(1.1) For the purpose of an investigation conducted under subsection (1), the Agency shall allow a company at least 20 days to file an answer and at least 10 days for a complainant to file a reply. (1.11) The Agency may, with the authorization of the Minister and subject to any terms and conditions that the Minister considers appropriate, of its own motion, conduct an investigation to determine whether a railway company is fulfilling its service obligations. The Agency shall conduct the investigation as expeditiously as possible and make its determination within 90 days after the investigation begins.”;

proposes that amendment 7(b) be amended by replacing the text with the following text “in Canada that is in the reasonable direction of the shipper`s traffic and its destination;”;

in order to keep the intent of the Senate amendment 7(b), proposes to add the following amendment to Clause 95, subsection (5), page 64, by replacing line 8 with the following “km of an interchange in Canada that is in the reasonable direction of the shipper`s traffic and its destination”;

respectfully disagrees with amendment 7(c) because shippers in the Maritimes will continue to have access to other shipper remedies in the Act;

respectfully disagrees with amendment 8 because the final offer arbitration is not intended to be a cost-based remedy but rather a commercially-based process to settle a dispute during a negotiation of a confidential commercial contract;

proposes that amendment 9 be amended by replacing the text of the amendment with the following text “59.1 (1) Schedule II to the Act is amended by replacing “Bean (except soybean) derivatives (flour, protein, isolates, fibre)” with “Bean (including soybean) derivatives (flour, protein, isolates, fibre)”. (2) Schedule II to the Act is amended by replacing “Beans (except soybeans), including faba beans, splits and screenings” with “Beans, including soybeans, faba beans, splits and screenings”. (3) Schedule II to the Act is amended by adding, in alphabetical order, “Meal, soybean”, “Meal, oil cake, soybean”, “Oil, soybean” and “Oil cake, soybean”.”;

respectfully disagrees with amendment 10(a) because it would significantly impact the ability of railways to ensure the safety of railway operations.