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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 89
Monday, November 20, 2023, 3:52 p.m. to 5:39 p.m.
Televised
Presiding
Peter Schiefke, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Alexandre Lafrenière, Analyst
The committee proceeded to the consideration of matters related to committee business.

Motion

Mark Strahl moved, — That, pursuant to the Order of Reference of Thursday, November 9, 2023, the Minister of Transport, and Minister of Housing, Infrastructure and Communities, appear before the committee for no fewer than two hours each to consider the Supplementary Estimates (B) before Friday, December 1, 2023.

Debate arose thereon.

Amendment

Vance Badawey moved, — That the motion be amended by deleting the words “before Friday, December 1, 2023”, and by replacing the words “no fewer than 2 hours ” with the words “one hour”.

Debate arose thereon.

The question was put on the amendment of Vance Badawey and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

After debate, the question was put on the motion and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

Motion

Leslyn Lewis moved, — Given that, the Canada Infrastructure Bank:

(a) has spent more and, in some years, double on consultants, Chief Executive Officers payouts, executive bonuses and salaries than on actual infrastructure projects;

(b) paid out bonuses to each of its executives for fiscal years 2020-21 and 2021-22, totalling $14.6 million, despite no completed infrastructure projects;

(c) the gap between spending on salaries and spending on projects continues to widen, year over year;

the committee recognize that the Canada Infrastructure Bank has not met expectations for the responsible use of taxpayer dollars in light of increasing overhead, salaries and bonuses without proportionate spending on infrastructure projects and without visible results for Canadians, and that the committee report this opinion to the House.

Debate arose thereon.

Amendment

Taylor Bachrach moved, — That the motion be amended by deleting subparagraph (c).

The question was put on the amendment of Taylor Bachrach and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

The question was put on the motion and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Motion

Taylor Bachrach moved, — That, given multiple recent reports of persons with disabilities facing discrimination and unacceptable treatment while travelling with Canadian airlines, and that Air Canada admitted it violated Canadian disability regulations; that, pursuant to Standing Order 108(2), the committee undertake a study on the state of accessible transportation for persons with disabilities on Canadian airlines and the Accessible Transportation for Persons with Disabilities Regulations; that the committee invite the Minister of Transport, the Chief Executive Officers of Air Canada and WestJet, the Auditor General of Canada, experts and other stakeholders; that the committee hold a minimum of three meetings and report its finding and recommendations to the House; and that the government table a comprehensive response to the report.

Debate arose thereon.

Amendment

Mark Strahl moved, — That the motion be amended by adding after the words “the Auditor general of Canada” the following: “, airports and the Canadian Transportation Agency”.

After debate, the question was put on the amendment of Mark Strahl and it was agreed to.

Debate arose thereon.

The question was put on the motion, as amended, and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

The motion, as amended, read as follows:

That, given multiple recent reports of persons with disabilities facing discrimination and unacceptable treatment while travelling with Canadian airlines, and that Air Canada admitted it violated Canadian disability regulations; that, pursuant to Standing Order 108(2), the committee undertake a study on the state of accessible transportation for persons with disabilities on Canadian airlines and the Accessible Transportation for Persons with Disabilities Regulations; that the committee invite the Minister for Transport, the Chief Executive Officers of Air Canada and WestJet, the Auditor General of Canada, airports and the Canadian Transportation Agency, experts and other stakeholders; that the committee hold a minimum of three meetings and report its finding and recommendations to the House; and that the government table a comprehensive response to the report.

Canada Border Services Agency
• Cathy Toxopeus, Director General, Transformation, Planning and Projects
• Shawn Zinck, Manager, Traveller, Commercial and Trade Policy Directorate
Department of Transport
• Sonya Read, Director General, Marine Policy
• Stephen Scott, Director General, Rail Safety
• Heather Moriarty, Director, Ports Policy
• Aiden Ryan, Director, Marine Security Operations
• 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 commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.

The Chair called Clause 2.

Clause 2 carried on the following recorded division:

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

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

Clause 3 carried on the following recorded division:

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

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

Clause 4 carried on the following recorded division:

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

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

On Clause 5,

Mark Strahl moved, — That Bill C-33, in Clause 5, be amended by replacing lines 15 to 17 on page 3 with the following:

safety, in relation to a railway or railway operations, means the reduction and control of risks associated with railway operations to prevent railway occurrences within the meaning of the Canadian Transportation Accident Investigation and Safety Board Act; (sécurité)

security, in relation to a railway or railway operations, means the protection of rail transportation from unlawful or unauthorized acts and the prevention of interference with railway operations; (sûreté)”

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

YEAS: Xavier Barsalou-Duval, Marilyn Gladu, Leslyn Lewis, Dan Muys, Mark Strahl — 5;

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

Clause 5 carried on the following recorded division:

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

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

Clause 6 carried on the following recorded division:

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

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

Clause 7 carried on the following recorded division:

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

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

On Clause 8,

Xavier Barsalou-Duval moved, — That Bill C-33, in Clause 8, be amended by adding after line 27 on page 4 the following:

“(10) Any exemption granted under subsection (1) or (2) shall be published in the Canada Gazette within 30 days after it comes into force.”

Debate arose thereon.

Vance Badawey moved, — That the text of the amendment be replaced by the following:

“(10) The Minister must, 30 days after it comes into force, make any exemption granted under subsections (1) or (2) accessible to the public through the Internet or by any other means that the Minister considers appropriate.”.

Debate arose thereon.

At 4:37 p.m., the sitting was suspended.

At 4:40 p.m., the sitting resumed.

By unanimous consent, the subamendment was withdrawn.

Taylor Bachrach moved, — That the amendment be amended by replacing the words “in the Canada Gazette” with the words “on the Transport Canada website and by any other means that the Minister considers appropriate”.

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

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Marilyn Gladu, Angelo Iacono, Annie Koutrakis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 11;

NAYS: — 0.

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

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Marilyn Gladu, Angelo Iacono, Annie Koutrakis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 11;

NAYS: — 0.

Clause 8, as amended, carried on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Marilyn Gladu, Angelo Iacono, Annie Koutrakis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 11;

NAYS: — 0.

By unanimous consent, Clauses 9 to 22 inclusive carried severally on the following recorded division:

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

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

On Clause 23,

Taylor Bachrach moved, — That Bill C-33, in Clause 23, be amended by adding after line 25 on page 13 the following:

“(1.01) Regulations made under subsection (1) shall require companies to publish the contents of their safety management systems and any information that is necessary to explain the operation of the system.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Taylor Bachrach 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: Vance Badawey, Marilyn Gladu, Angelo Iacono, Annie Koutrakis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 9;

NAYS: Taylor Bachrach, Xavier Barsalou-Duval — 2.

Clause 23 carried on the following recorded division:

YEAS: Vance Badawey, Xavier Barsalou-Duval, Angelo Iacono, Annie Koutrakis, Joyce Murray, Churence Rogers — 6;

NAYS: Taylor Bachrach, Marilyn Gladu, Leslyn Lewis, Dan Muys, Mark Strahl — 5.

By unanimous consent, Clauses 24 to 54 inclusive carried severally on the following recorded division:

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

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

On Clause 55,

Xavier Barsalou-Duval moved, — That Bill C-33, in Clause 55, be amended

(a) by replacing line 4 on page 38 with the following:

“tion made under this Act, if im-”

(b) by adding after line 4 on page 39 the following:

“(8) For greater certainty, for the judicial review of an order made under subsection (1), the correctness standard applies to determine whether immediate action was required to deal with a threat or to reduce a direct or indirect risk to the security of marine transportation or to the health of persons involved in the marine transportation system.”

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 — 1;

NAYS: Taylor Bachrach, Vance Badawey, Marilyn Gladu, Angelo Iacono, Annie Koutrakis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 10.

Clause 55 carried on the following recorded division:

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

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

By unanimous consent, Clauses 56 to 60 inclusive carried severally on the following recorded division:

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

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

On Clause 61,

Taylor Bachrach moved, — That Bill C-33, in Clause 61, be amended by replacing lines 16 and 17 on page 41 with the following:

“to the environment, the well-being of coastal communities, the security of marine transportation, including to any person, goods, vessel or marine facility, or to the health of”

Debate arose thereon.

At 5:16 p.m., the sitting was suspended.

At 5:20 p.m., the sitting resumed.

Joyce Murray moved, — That the amendment be amended by replacing the word “environment” with the word “marine ecosystem”.

Motion

Mark Strahl moved, — That the committee do now adjourn.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Taylor Bachrach, Vance Badawey, Xavier Barsalou-Duval, Marilyn Gladu, Angelo Iacono, Annie Koutrakis, Leslyn Lewis, Joyce Murray, Dan Muys, Churence Rogers, Mark Strahl — 11;

NAYS: — 0.

At 5:39 p.m., the committee adjourned to the call of the Chair.



Carine Grand-Jean
Clerk of the committee