An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Lawrence Cannon  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Transportation Act. Certain amendments apply to all modes of transportation, including amendments that clarify the national transportation policy and the operation of the Competition Act in the transportation sector, change the number of members of the Canadian Transportation Agency, create a mediation process for transportation matters, modify requirements regarding the provision of information to the Minister of Transport and modify and extend provisions regarding mergers and acquisitions of air transportation undertakings to all transportation undertakings.
It amends the Act with respect to the air transportation sector, in particular, in relation to complaints processes, the advertising of prices for air services and the disclosure of terms and conditions of carriage.
The enactment also makes several amendments with respect to the railway transportation sector. It creates a mechanism for dealing with complaints concerning noise and vibration resulting from the construction or operation of railways and provisions for dealing with the transfer and discontinuance of operation of railway lines. It also establishes a mechanism for resolving disputes between public passenger service providers and railway companies regarding the use of railway company equipment and facilities.
The enactment also amends the Railway Safety Act to create provisions for the appointment of police constables with respect to railway companies and procedures for dealing with complaints concerning them.
In addition, it contains transitional provisions and consequential amendments.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 14, 2007 Passed That the amendments made by the Senate to Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, be now read a second time and concurred in.
Feb. 21, 2007 Failed That Bill C-11 be amended by deleting Clause 5.
Feb. 21, 2007 Failed That Bill C-11 be amended by deleting Clause 3.

Business of the HouseOral Questions

February 15th, 2007 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will continue the debate on the Liberal opposition motion.

Tomorrow we will resume debate on Bill C-31, the voter integrity bill, with Bill C-35, the bail reform bill as backup.

Monday we will call Bill C-31, elections, if it is not completed tomorrow; Bill C-44, human rights; Bill C-11, transport; Bill C-33, technical income tax; Bill S-2, hazardous materials; and the statutory order. We have an ambitious agenda there.

Tuesday, February 20, and Thursday, February 22, will be allotted to the business of supply.

On Wednesday we will continue with the business outlined on Monday.

Next Friday, I will consider beginning the debate on Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries.

With respect to the debate on the statutory order regarding the Anti-terrorism Act, if an agreement on debate is not reached before February 28, certain provisions of the Anti-terrorism Act will sunset. It is the government's view that all members should be given the opportunity to decide the fate of these provisions because they involve the safety of people they represent.

Recent events have made us aware that the terrorist threats continue to specifically target Canada, but if the terms of the law are not extended by March 1, the protections that we have in place right now will cease to apply.

If an agreement can be reached, I am prepared to call the motion sooner and sit as long as necessary on that day to bring the debate to a conclusion.

February 12th, 2007 / 3:50 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Part of the enabling will also call into question a series of relationships as the safety management systems are being rolled out. As you say, they're already there, but they aren't all fully operational because we're actually trying to expand the authorities of the minister in order to ensure a variety of outcomes.

It's my understanding as well that there will be several bills conflicting with each other. I'm not sure yet whether Bill C-11 captures the responsibilities under the Canada Labour Code. Would you address that for a moment?

Business of the HouseOral Questions

February 8th, 2007 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will be continuing the debate on the Bloc opposition motion.

Tomorrow we will begin debate on the statutory order concerning the Anti-terrorism Act. That is for the extension of its provisions.

Next week will be justice week, when the government will showcase part of its safer streets agenda, starting on Monday with the continuation of the debate on the Anti-terrorism Act if it is not completed on Friday.

On Tuesday we plan to begin debate on Bill C-35, which deals with bail reform, and on Wednesday we will resume debate on the second reading stage of the dangerous offenders legislation, Bill C-27.

Thursday, February 15 shall be an allotted day.

On Friday it is my intention to call the report stage of Bill C-10 on mandatory minimum penalties, on the assumption that the justice committee can have it to the House by that time.

For each day, we will have the following business scheduled as backup bills: Bill C-31, the voter integrity legislation; Bill C-44, relating to human rights; Bill C-11, on transport; and Bill C-33, the technical income tax act.

I will be working closely with my counterpart in the Senate with respect to progress on Bill S-4 or, as we keep hearing, the lack of progress.

As you know, Mr. Speaker, a strong, effective and responsible government must speak with one voice, whether it be in the Senate or the House of Commons. The fact that the Leader of the Opposition in the House of Commons and the Leader of the Opposition in the Senate cannot present the same position on Bill S-4 is further evidence that the Liberals are currently not fit to govern. I certainly would like the opportunity for this House to deal with that bill.

Motions in amendmentCanada Transportation ActGovernment Orders

February 6th, 2007 / 5:25 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I know you are only going to give me a few minutes before you cut off debate and everybody is transfixed to hear what I have to say.

My first reaction is: What a wonderful bill. Another week and another Liberal bill recast as a Conservative initiative.

Members will know this bill because it appeared in the previous Parliament as Bill C-44, and it was for a wider transportation policy to address a series of issues. Now, Bill C-44 has been broken down into three parts, and this is one.

I am going to speak for about 10 minutes to ensure that everybody understands the benefits of the bill. I do not want to be too critical, but I noted that there are some members here who are particularly interested in one aspect of this bill that merits reinforcement; and that is, those agencies, corporations and entities that are engaged in commuter railways and commuter traffic and who depended on a change in the national transportation policy are addressed to ensure that they were included in transportation issues to the benefit of all consumers and commuters because they are one and the same. The bill in its initial format, and now repeated again, addresses issues that are of concern to them.

One is access to federally regulated rail lines that might be declared surplus, or not, but certainly to have commuter agencies at least access them so that they can be maximized in their utilization for the purposes of consumers.

Second, to establish under this act opportunities to arbitrate on what amounts might be charged by the tier one railways to some of these commuter lines. So, to have not only access but to arbitrate on a fair process of remuneration in order that these agencies function in an economically feasible environment. I think I have that right.

Then, finally, to have, when there is a disposition of these access lines, the valuation process be one that makes it feasible for commuter agencies to acquiesce the purchase process and then to make the application for commuter use in an environment where there is a valuation process that makes it fair for those agencies to function.

Members must remember that I am talking about federally regulated rail lines and federally regulated agencies.

What we had envisioned under Bill C-44, and now repeated in Bill C-11, was a process whereby the interests of the user, the end user, in this case the commuter as an end user, be part and parcel of transportation policy.

I know that the debate so far on these amendments has focused on where a member of the board of directors would live or not live and who would get the advantage in terms of getting employment. I think that is nice. It is fine to do that. However, the most important issue is to keep in mind how we develop railway policy throughout the country.

When I said that this is another Liberal bill being re-presented and cast by a minister of transport who is accustomed to borrowing good ideas from the Liberals, it makes one wonder if actually he is a Liberal. Hold on. I think he was.

Nevertheless, we can become once again what we were generated to be, at least through the ideas and legislation that is going to help Canadians everywhere. I think that there were three sections especially that were presented to committee members. While I was not there, they are issues that are--

Motions in amendmentCanada Transportation ActGovernment Orders

February 6th, 2007 / 5:10 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I am not going to comment on the hon. member's riposte. I will simply continue to focus in on the things that the bill does, the things that we as a committee agreed to do.

The big beneficiaries of Bill C-11 are of course not only those in the transportation industry but Canadians across our great country.

The Standing Committee on Transport, Infrastructure and Communities heard from a wide range of witnesses, as I mentioned earlier. We studied the legislation in detail and considered a wide assortment of amendments from both the government and the opposition parties.

For Canadians, transportation is a vital aspect of daily living. Indeed, railways and ships were critical in building our country. Most of the opposition's proposed amendments were, I believe, put forward in the best spirit of non-partisanship with a view to improving the bill and making better legislation. Very few suggested amendments were posited for the opposite intention.

Perhaps it is best to start from the beginning and review how thorough the committee's analysis of Bill C-11 was.

Every effort was made to study the potential impact of the bill upon all the relevant stakeholders. In addition to the Minister of Transport, Infrastructure and Communities and officials from Transport Canada, witnesses included representatives from the Canadian Transportation Agency, the Air Transport Association of Canada, the Travellers' Protection Initiative, and citizens groups from across Canada. In fact, there were citizens from the riding of Burnaby—New Westminster, whose member spoke up just a few minutes ago.

The large majority of the witnesses supported the bill, or specific provisions of the bill, and encouraged its quick passage. Many witnesses sought improvements to the bill to make it work better. Based on the testimony from witnesses, I am pleased to note that the committee presented and accepted a number of amendments, which I believe strengthened the bill. I thank the committee members for taking the opportunity to hear from witnesses and for their thorough review, due diligence and cooperation in improving the bill.

Let me summarize the main amendments.

First, we addressed transportation policy. Our aim was to simplify and modernize transportation policy in Canada. The policy statement provides broad guidance to the development of transportation policy programs and direction to the Canada Transportation Agency and the courts in resolving disputes.

The amendments to Bill C-11 will strengthen references to safety, security and sustainable transportation and improve the language that pertains to the role that transportation rates and conditions play.

We also believe that reducing the number of permanent members of the Canadian Transportation Agency from seven to five and locating them at national headquarters, instead of across the country, makes good common sense. It saves taxpayers' dollars and it does not rely on unnecessary travel.

In the bill, we also addressed mediation. The committee has shortened from 60 days to 30 days the period in which mediation needs to take place. The purpose of this was a general agreement that transportation in a country as large as ours is a vital component of daily living. Transportation is not only in the national interest; it is often the national interest.

Disputes often have a profoundly negative impact on the lives and jobs of thousands of Canadians who rely on the transportation sector for food, clothing, merchandise and supplies of all kinds. We as a committee believe that it is in the national interest to resolve transportation disputes in a timely manner.

We also addressed the whole issue of reporting, of making sure that the Ministry of Transport reports on a regular basis and in an effective manner. We have proposed that the current annual reporting by the minister on transportation activities be replaced with a major report every five years.

The chief difficulty with data management is not so much its collection but its analysis. The data must be appropriately assessed in order to justify its gathering. Furthermore, it is environmentally responsible to find ways of using less paper and to find alternative ways of disseminating the information through the website.

The requirements for annual reports for transportation were put in place in 1987. Those provisions have never been updated. After some 20 years of experience, it has become very clear to our government that trends in transportation are more easily detected when reports cover longer periods of time. With that in mind, we introduced a five year reporting requirement, and the committee agreed to that.

That said, the committee also amended the bill to maintain the annual reporting requirement, the only change being that in the future the report will provide only a cursory review of the state of the transportation industry, leaving the comprehensive analysis for the more significant five year report.

We also addressed the issue of mergers of different transportation companies. We have existing provisions that relate only to airlines. By changing these and expanding them, we are covering all modes of transportation.

This will require the minister to consult with the Competition Bureau and send a recommendation to the governor in council on whether or not to approve the proposed merger and, if appropriate, what conditions would apply. Again, we believe that this would be in keeping with the best interests of all Canadians. For example, if a merger adversely affects access to transport in a given region of the country, then that is going to be a factor that the minister may want to consider.

Many sectors of the transportation industry are served by a small number of enterprises. Mergers in these sectors may raise issues of regional and national interest that fall beyond the scope of reviews conducted by the Competition Bureau.

A new merger and acquisition review process will cover all transportation undertakings over a certain threshold level of assets and revenues. The process we are proposing will involve, first of all, that applications for mergers would be required to address specific issues set out in review guidelines. If the proposal also raises sufficient public interest issues related to national transportation, the minister could appoint a person to review the proposed transaction. Finally, any proposed merger would result in one government decision, to avoid duplication. Public interest concerns would be addressed by the minister and competition concerns by the Commissioner of Competition.

The amendments to Bill C-11 will also require the minister to publish guidelines on information related to the public interest that must be included in the notice given to the minister by companies proposing a merger. The amendments will also require the minister to consult with the Competition Bureau in developing these guidelines.

We also addressed the whole issue of air complaints: consumers who are using the airlines and have beefs. As we know, many Canadians travel long distances and use air travel to do that. The industry's growth has resulted in an increasing number of complaints.

However, even if complaints are properly addressed by the airlines, it is incumbent upon the industry to keep a record of what these complaints were and how they will be or were addressed. A lesson is learned only if the action taken to rectify the complaint is duly recorded and available for use again.

Therefore, the committee added a requirement that in its annual report the agency must report the number and nature of complaints filed with the agency for each carrier, how the complaints were dealt with, and systemic trends that the agency has observed.

Complaint letters sent to the agency now increasingly relate to matters within the agency's core regulatory functions, such as the reasonableness of the terms and conditions of flights. With the recent implementation of the air travel complaints program, the agency has successfully demonstrated that it can address the need to respond to travellers' complaints, allowing agency staff to continue to respond to complaints in an informal manner. The agency already publishes information regarding many important airline consumer issues in its annual report and on its website.

We also addressed the issue of airfare advertising. The committee added this requirement. Arguably, no other form of transportation contains as many hidden expenses as does air travel. Bill C-11 requires airlines advertising airfares to indicate all fees, charges and surcharges, to allow consumers to readily determine the cost of their flight.

We also addressed railway noise, something that was of great concern to communities across the country. We believe we have introduced complaint mechanisms and mediation processes that will address this.

In short, committees often represent the best of the parliamentary process, whereby members from different political parties work together to improve legislation. That is what the committee did in this case. We believe we have done this and that is why it is time to move the bill forward.

Stakeholders are interested in the passage of the bill. They have been patiently waiting for the bill to become law. We are now one step closer to doing that. I encourage members of the House to support the amended bill.

Motions in amendmentCanada Transportation ActGovernment Orders

February 6th, 2007 / 4:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to rise to discuss Motions Nos. 1 to 12 that are on the order paper, some of which come from the government and some of which come from the New Democratic Party.

I should begin by saying that Bill C-11 was supported by all parties. There were some important elements within Bill C-11 that needed to be brought forward. A very healthy process took place throughout the fall. All four parties in the House of Commons worked together to improve the initial legislation that we supported in principle and brought amendments forward that would make this legislation even better. This was done with the cooperation from Conservative members, Liberal members, my colleagues in the Bloc, and myself representing the New Democratic Party.

We worked over the course of a number of weeks to improve this important legislation. We succeeded in a number of different elements. There is no doubt that the bill coming back from committee is much better than it was when it came to Parliament. We were able to make important improvements.

I do want to flag a number of areas, particularly the area around representation within the Canadian Transportation Agency. This was brought forward by the New Democratic Party. We thought this was an important element to change as we were endeavouring to modernize the Canada Transportation Act. We wanted to make the kind of changes that would help to address some shortfalls and deficiencies within our transportation system.

A number of components of Bill C-11 do this, but one important component is missing and that is having the best possible people from across this country at the Canadian Transportation Agency. To ensure that the Canadian Transportation Agency is not an Ottawa centric organization, the NDP endeavoured to bring forth an amendment to allow essentially important members of the Canadian Transportation Agency to reside outside the national capital region. There are two important reasons for this.

First, by broadening the pool we can get the best qualified people, regardless of where they live. It is not true that every Canadian wants to live in Ottawa. It is not true that people from British Columbia can simply deny their family ties, uproot their family and move to Ottawa if they want to work in the Canadian Transportation Agency. It is important that we have the broadest possible pool of potential candidates, the best qualified people in the transportation business to ensure that we have the safest transportation sector and transportation elements in the world. Second, and this is perhaps even more important, we want to ensure that those who are appointed to the Canadian Transportation Agency, who will play an important role within our country, actually understand the regional variations.

Over the past few years we have seen an increasing rate of railway accidents. I can cite some of the more well known examples of high profile and tragic railway accidents in places like Wabamun Lake in the Fraser Canyon of British Columbia, Wabamun Lake in Alberta, and Cheakamus River in British Columbia. These are issues of transportation safety and the viability of our transportation system. These are important components of the Canadian Transportation Agency among many other things. We need to ensure that the people who are appointed to these positions actually understand the regional requirements in B.C., the prairies and Atlantic Canada.

We brought forward these amendments simply to allow that broad pool of potential candidates, not shutting out most Canadians who do not come from Ottawa and would prefer not to live here.

Second, is also to have that regional expertise. When we talk about regional issues, whether it is British Columbia or Atlantic Canada, members appointed to the Canadian Transportation Agency would have the regional expertise and could contribute to enhancing our transportation system.

Because the Conservatives refused that very logical and sound approach, what we have before us a requirement in Bill C-11 that members of the Canadian Transportation Agency to reside here. It says, “The members shall reside in the National Capital Region”.

We are essentially centralizing the Canadian Transportation Agency in such a way as to not have that regional expertise and understanding. At the same time, we are narrowing the pool of potential candidates for the Canadian Transportation Agency. It does not make sense.

I do not understand the opposition of the Conservative Party to broaden that mandate to ensure we get the best qualified people wherever they live in the country. In addition, the bonus, particularly coming from western Canada and this should be understood, is we would have a broader understanding of western Canadian transportation issues. It is simply logical. It simply makes sense.

The government refused that amendment. It has put before us instead a requirement that those appointed to the Canadian Transportation Agency “shall reside in the National Capital Region”.

For that reason, the NDP is moving to delete the requirement that individuals appointed to the transportation agency have to live in the national capital region. As a result, we have a number of consequential amendments.

The four motions all deal with this important factor; that the Canadian Transportation Agency should not be limited to those who choose to reside in Ottawa. We should not exclude the vast majority of Canadians who may want to contribute or who may have real talent and real skills to contribute. In addition, we should endeavour to have individuals within the agency that have the regional expertise.

It has often been said that British Columbia is perhaps the most remote of the provinces to Ottawa. We certainly have to fly across the country to get to Ottawa. B.C. members of Parliament are honoured and privileged, particularly the 10 B.C. MPs who represent the NDP, to do that.

I cross the country twice a week. On Sundays, normally, or Monday morning I fly to Ottawa. I fly back on Thursday evening or Friday morning. My family is very understanding, as are the families of the nine other B.C. NDP MPs who represent our province in Ottawa.

It is very clear, and there is no doubt about this, that sacrifices have to be made. Many British Columbians would love to participate and provide their expertise to the transportation agency. Yet they are being told that they cannot do so unless they reside in the national capital region. That is simply unacceptable. That is why we are offering the opportunity for the government to address an important issue, one that it should have allowed in committee.

The government should have simply said that it made sense to provide for the best possible expertise in the country and not limit the pool to only those who would choose to live in Ottawa. It should have said that it would attempt to do the recruitment in such a way that it would have regional expertise, that those individuals in the mountainous areas of British Columbia and the Pacific Ocean with that expertise would be encouraged to be part of the Canadian Transportation Agency.

As we know, the way the bill is currently configured, they do not have that choice. The government has simply said that they do not have that choice, that they have to live in Ottawa. That is unacceptable.

That is the element of the motions the NDP has brought forward. We are essentially supportive of much of the bill.

I would like to mention the work of Brian Allen and the Quayside Community Board in New Westminster, British Columbia. Mr. Allen, as did mayor Wayne Wright, both testified before the committee and provided valuable feedback as well on the issue of railway noise, which is another area of weakness in the bill.

Despite the fact that the bill is less strong on the issue of railway noise, we are hopeful we will see improvements to government policy over the next few months so people in the quay area of New Westminster and in other urban communities can finally get a good night's sleep. Mr. Allen was indispensable in providing support to ensure that the committee did deal with railway noise. Although we are disappointed with the results in that area too, we do have some hope that over the course of the next few months we will see action finally.

We are supportive of Bill C-11 and of many of the amendments that the NDP and other parties brought forward. It was a collaborative effort. There are a couple of weaknesses and we hope they can be addressed at report stage, particularly the area around the Canadian Transportation Agency.

Speaker's RulingCanada Transportation ActGovernment Orders

February 6th, 2007 / 4:45 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

There are 12 motions in amendments standing on the notice paper for the report stage of Bill C-11.

Motions Nos. 1 to 12 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now submit Motions Nos. 1 to 12 to the House.

The House proceeded to the consideration of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, as reported (with amendment) from the committee.

February 6th, 2007 / 4:45 p.m.
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Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I raise a point of order.

I just wanted to point out that Bill C-11 has been radically changed and toughened, and as a result—

February 6th, 2007 / 4:45 p.m.
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Liberal

The Chair Liberal Diane Marleau

Thank you.

Let me remind you, though, that there was Bill C-11, and there were three of us here who were at this table when it was passed. As far as I know, it has not even received royal assent yet. Or has it? But that was setting up the independent office for whistle-blowing, and I haven't seen any movement on that one either. I understand that Bill C-2 came after the fact, but I think there could have been considerable work done on that.

February 1st, 2007 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I appreciate the fine words of welcome from the opposition House leader.

Today, of course, we will be continuing with the opposition motion. Tomorrow we will continue debate on the report stage amendments to Bill C-31, the election integrity act amendments with which we are all familiar.

For Monday and Tuesday, we are intending to call Bill C-26 on payday loans, which is at third reading, Bill C-32 on impaired driving, Bill C-11, the transport act, and Bill C-33, the technical income tax bill.

On Wednesday we hope to begin debate on the third reading stage of Bill C-31, followed by Bill C-44 relating to human rights.

Thursday, February 8 shall be an allotted day. Next Friday we would like to begin debate on the anti-terrorism motion that would extend the application of certain sections of the Anti-Terrorism Act that are due to expire.

Finally, as members know, democratic reform is a priority for Canada's new government, and given that the Liberal leader has publicly expressed his support for term limits for senators, could the official opposition inform the House as to when it can expect the unelected, unaccountable Liberal senators who are delaying and obstructing that bill to give us a chance to consider it here in the House of Commons?

Prebudget ConsultationsGovernment Orders

December 13th, 2006 / 4:30 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, first, I would like to wish the people of Argenteuil—Papineau—Mirabel happy holidays. I know that if my colleague from Berthier—Maskinongé had the chance, he would extend the same wish to his constituents. As the Bloc Québécois transport critic, I would also like to recommend that the people of Quebec and Canada drink responsibly and call Operation Red Nose where the service is available.

My question for my colleague from Jeanne-Le Ber, who did excellent work, concerns railways. I received many requests from him, because I had the opportunity to introduce and shepherd the amendments made by the Bloc Québécois to Bill C-11 on noise pollution.

I am very proud of the requests I received from the member for Jeanne-Le Ber. I can tell him that we will now talk about the least possible noise from vibrations. He had asked me to suggest “vibrations and fumes”, but the Conservatives did not want to accept anything but “vibrations”.

The Canadian Transportation Agency will now be able to address complaints of noise and vibrations. One of the member's urgent requests concerned the inconvenience to homeowners living near railroad tracks. This will be covered in the legislation, and if homeowners living near railroad tracks are inconvenienced, the Canadian Transportation Agency will be able to look into these cases and make comments.

My question about this ways and means motion concerns railways, which need some relief. I know that they called for accelerated depreciation. I will therefore ask my colleague to explain how accelerated depreciation will benefit railways.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

December 13th, 2006 / 3:15 p.m.
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Conservative

Merv Tweed Conservative Brandon—Souris, MB

Mr. Speaker, I have the honour to present, in both official languages, the third report of the Standing Committee on Transport, Infrastructure and Communities.

In accordance with its order of reference of Thursday, September 21, 2006, your committee considered and held hearings on the subject matter of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, and agreed on Tuesday, December 12, 2006, to report it with amendments.

December 12th, 2006 / 3:50 p.m.
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Conservative

The Chair Conservative Merv Tweed

Thank you, Monsieur Laframboise.

I am advised that the amendment creates a new section in the Canada Transportation Act concerning limitations imposed on operators of railway companies relating to unreasonable noise resulting from the construction or operation of the railway. The amendment proposes to also include limitations on operators with regard to vibration and fumes resulting from the construction or operation of a railway, and Bill C-11 does not address any issues relating to vibrations or fumes.

The House of Commons Procedure and Practice states on page 654:An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

The advice I've received and the opinion of the chair is that the introduction of limitations relating to fumes associated with the construction or operation of a railway in this amendment is a new concept that is beyond the scope of Bill C-11 and is therefore inadmissible.

Mr. Jean.

December 12th, 2006 / 3:50 p.m.
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Conservative

The Chair Conservative Merv Tweed

Thank you, and good afternoon, everyone. Welcome to the Standing Committee on Transport, Infrastructure and Communities, meeting number 31.

Pursuant to the order of reference of Thursday, September 21, 2006, we are examining Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts.

After a very successful last day, we're going back to the three clauses that have been stood. We are starting with clause 29 and we are dealing with amendment number BQ-4 on page 21 of your program.

I will advise Monsieur Laframboise that the chair has a concern with the motion, but I'm prepared to let you place it on the table, and then we'll proceed.

Monsieur Laframboise.

(On clause 29)