Evidence of meeting #12 for Transport, Infrastructure and Communities in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Emile Di Sanza  Director General, Marine Policy, Department of Transport
Ekaterina Ohandjanian  Legal Counsel, Justice Canada
Laureen Kinney  Director, Marine Security, Department of Transport

11:45 a.m.

Bloc

Robert Carrier Bloc Alfred-Pellan, QC

My question relates to the second part of the amendment, which reads as follows:

(2) A port authority shall not sell or lease a port facility to a non-Canadian within the meaning of the Investment Canada Act unless the Minister of Public Safety has reviewed the proposed transaction [...]

You certainly analyzed this amendment, which seems interesting at first blush. I would like to know whether these provisions are found in an other existing act because that would make the implementation of this sub-section more difficult not unlike the part on security that we just covered.

February 7th, 2008 / 11:50 a.m.

Legal Counsel, Justice Canada

Ekaterina Ohandjanian

To tell you frankly, we have not studied the potential impact of other acts but the fact of the matter is that this issue is governed by the Investment Canada Act. We had this kind of concerns with other attempts to use C-23 or the Canada Marine Act to cover issues already dealt with in the Investment Canada Act. I'm talking here about a broader issue, the threshold reporting requirements found in the Act, which may not necessarily apply to the ports.

We cannot fully assess the impact of this provision nor what it would mean for the Public Safety minister. Legally speaking it is not appropriate to include this provision in a piece of legislation that deals with economic policies.

11:50 a.m.

Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Okay, I understand.

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

If there are no further comments, shall the amendment carry?

(Amendment negatived)

(Clause 33 to 66 inclusive agreed to)

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

Shall the title carry?

11:50 a.m.

Some hon. members

Agreed.

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

Shall the bill as amended carry?

11:50 a.m.

Some hon. members

Agreed.

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

Shall I report the bill as amended to the House?

11:50 a.m.

Some hon. members

Agreed.

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

Shall the committee order a reprint of the bill?

11:50 a.m.

Some hon. members

Agreed.

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

Thank you, one and all.

Good work, to the committee and to our staff here.

Before I adjourn the meeting, we have just a brief discussion as to what will happen on Valentine's Day, and Bibiane has offered to take...oh no, she hasn't.

We do have the department coming forward on Tuesday of next week to discuss the navigable waters issue. We do not have any witnesses scheduled for Thursday, and I am looking to the committee for some direction on that, or perhaps we would want to have a committee of the whole just to discuss the future after the break.

Mr. Volpe.

11:50 a.m.

Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Chairman, I think that when we last spoke about this we talked about the possibility of the minister considering sending the bill to the committee before second reading. So perhaps after the discussion with the officials on Tuesday, we might have a discussion in our committee about the advisability of how to best proceed.

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

Would the committee be in agreement? I suspect it won't be a full two-hour committee.

11:50 a.m.

Liberal

Paul Zed Liberal Saint John, NB

Why don't we just have a steering committee meeting?

11:50 a.m.

Conservative

The Chair Conservative Merv Tweed

We could do that. I'm trying to make work for you, Mr. Zed. Just kidding.

Mr. Jean.

11:50 a.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Indeed, I'd prefer the work as well, Mr. Chair.

But I'm wondering whether or not anybody has talked to their whips about the opportunity of travelling on navigable waterways. I think this is an option that we should seriously consider. As you know, I haven't proposed it before on any other piece of legislation, in two years on this committee. But in this particular case, I think Canadians would have a say on this. I know that the Conservative rural caucus certainly has a say on it, as have many people over the last two years. I ask people to talk to them about that possibility, so we can move forward as soon as possible with that at the next meeting.

11:55 a.m.

Conservative

The Chair Conservative Merv Tweed

Mr. Masse.

11:55 a.m.

NDP

Brian Masse NDP Windsor West, ON

Thank you, Mr. Chair.

I'd like to have a subcommittee steering meeting on our future business. I think that would be an appropriate way to hash out what to do next, because I have some suggestions too.

11:55 a.m.

Conservative

The Chair Conservative Merv Tweed

Well, then I would ask that the subcommittee meet on the February 14 committee meeting and be prepared to discuss where we're going forward with the navigable waters review.

Mr. Bell.

11:55 a.m.

Liberal

Don Bell Liberal North Vancouver, BC

I would just like to ask when we're going to be bringing back rail safety.

11:55 a.m.

Conservative

The Chair Conservative Merv Tweed

It is my understanding that we have agreed that we would wait for the final report to come in. And I'm not too sure when it's coming, but I think it's....

11:55 a.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Any day.

11:55 a.m.

Conservative

The Chair Conservative Merv Tweed

Can we find out more particulars?