Evidence of meeting #55 for Transport, Infrastructure and Communities in the 40th Parliament, 3rd 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

Luc Bourdon  Director General, Rail Safety, Department of Transport
Carla White-Taylor  Director, Rail Safety Secretariat, Department of Transport
Alain Langlois  Legal Counsel, Legal Services, Department of Transport

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Okay.

And, I'm sorry, Mr. Bourdon, are you a lawyer, a drafter, or...you're an expert with safety?

4:20 p.m.

Director General, Rail Safety, Department of Transport

Luc Bourdon

I'm...yes, I have spent most of my career with—

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Now, isn't it right that Ms. White-Taylor is the lawyer and drafter with expertise?

March 10th, 2011 / 4:20 p.m.

Carla White-Taylor Director, Rail Safety Secretariat, Department of Transport

No, I'm not.

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Oh, my goodness.

We have too many lawyers at the table already.

4:20 p.m.

Liberal

Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL

Yes. We do.

4:20 p.m.

Voices

Oh, oh!

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Does that meet with your approval as well? Does it seem to be appropriate?

4:20 p.m.

Director General, Rail Safety, Department of Transport

Luc Bourdon

We have our lawyers here, so....

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

It's just to know whether it means—

Oh, I see; of course. You were blocking the light before. I can see him behind you now.

Could he just add a perspective on whether or not the word “human” would make sense in terms of legal precedent?

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

He has to come to the table, if he's going to speak.

If you wouldn't mind, would you just introduce yourself into the microphone and make your comment, please.

4:20 p.m.

Alain Langlois Legal Counsel, Legal Services, Department of Transport

Good afternoon. I'm Alain Langlois from Transport Canada legal services.

Bearing in mind that I'm not a drafter but spent considerable time in a drafting room drafting this legislation, let me say that the notion of “human” adds some clarity to the notion of “fatigue”, so in that sense it's probably of benefit.

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

Thank you.

Mr. Jean.

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

I was just going to mention that the French version seems to identify “human” in both the Liberal and the NDP amendments, so it would seem that “human” would make more sense, if that's all right with Mr. Julian and Mr. McCallum.

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

Mr. Julian, I'm not sure you heard Mr. Jean's comment.

4:20 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

I apologize, Mr. Chair.

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

Mr. Jean, would you care to repeat it?

4:20 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Absolutely.

I just mentioned that the Liberal amendment already had “human” in the French version. I think, based on that, I'd prefer your version.

4:20 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you, Mr. Chair. I'd like to share the credit with the Liberals, though; I think we've both come up with the same amendment.

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

If everybody is comfortable, we will accept the NDP amendment, which talks about “human fatigue” as opposed to just “fatigue”. Is everybody comfortable with that?

4:20 p.m.

Some hon. members

Agreed.

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

Okay.

Then I would ask whether the NDP amendment carries.

(Amendment agreed to [See Minutes of Proceedings])

4:20 p.m.

Conservative

The Chair Conservative Merv Tweed

Mr. Bourdon.

4:20 p.m.

Director General, Rail Safety, Department of Transport

Luc Bourdon

I just want to add something. The definition of “fatigue”, I believe, was included as an amendment because it makes reference to another amendment that makes reference to rules on scheduling.

4:20 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Yes, that's right.