Evidence of meeting #36 for International Trade in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Dennis Seebach  Director, Administration and Technology Services, Department of Foreign Affairs and International Trade
Marc Toupin  Procedural Clerk
Mary McMahon  Senior Counsel, Legal Services Branch, Canada Revenue Agency
Michael Solursh  Counsel, Trade Law Bureau, Department of Foreign Affairs and International Trade
Cindy Negus  Manager, Legislative Policy Directorate, Canada Revenue Agency
Paul Robertson  Director General, North America Trade Policy, Department of Foreign Affairs and International Trade

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

That's debate.

Gentlemen—

9:40 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

No, it is not, because it raises the question of whether or not we should have the panellists here throughout the day.

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

We'll go ahead with the answer from the officials now. Go ahead, please, Mr. Seebach.

9:40 a.m.

Dennis Seebach Director, Administration and Technology Services, Department of Foreign Affairs and International Trade

Thank you, Chair.

The bill is based upon the shipment being deemed exported on the date of shipment, and what we're trying to provide to the exporters is certainty as to when they can count their shipments in quota situations and paying the export charge. This amendment would create greater certainty for the exporter so that when it was released to the railway company, the transport agency, it would provide for greater certainty so the exporter would know at that time what his export charge would be or how his shipment would count against his quota limit.

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

Thank you.

9:40 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Chair, I'd like to offer the following subamendment.

In the French version, it says: “contient est placé sur le chemin de fer pour être rattaché au train en vue de son”.

I am proposing the following sub-amendment which would read: “the railcar that contains it was released to the railway for assembly to”.

When you're ready, I will give my rationale.

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

Mr. Julian, do you have it in writing?

9:40 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

No, but I could certainly write it out for you, Mr. Chair. It would be my pleasure.

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

Go ahead, Mr. Julian. If you would do that, it would be helpful, or you could explain it again.

9:40 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

The wording is “the railcar that contains it was released to the railway for assembly to”. I can provide that the clerk.

Mr. Chairman, Mr. Cardin is absolutely right: in the vast majority of cases, the railways are responsible when there is a significant delay between the time the product should be exported and the time when it actually crosses the border. However, the railways are not entirely to blame for that type of problem. Occasionally truck drivers also experience delays. There may have to be a change of driver because of unexpected situations. For example, a truck may remain on the Canadian side of the border for a certain amount of time, however brief that may be, before crossing.

And the kind of dynamic Mr. Cardin has explained can also apply to road transport. I think it's important to consider this for cases where truckers may be forced to park along the side of the road at night, for example, in order to change the cab or wait for a new driver to arrive, before being able to take our high quality Canadian softwood lumber over the Canada-U.S. border.

Thank you, Mr. Chairman.

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

Your time is up. Thank you very much for that subamendment.

Is there any other debate on the subamendment?

We'll read the subamendment.

Monsieur Cardin.

9:40 a.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Thank you, Mr. Chairman.

9:40 a.m.

Conservative

The Chair Conservative Leon Benoit

I will read the subamendment first, if you'd like, Mr. Cardin.

9:40 a.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

No, that won't be necessary.

In subclause 5(1), it talks about the conveyance, and I imagine that could include trucks. It reads:

the time at which an exported softwood lumber product is considered to be exported is the time at which the product was last loaded aboard a conveyance for export.

So, if a trucker stops for a few moments by the side of the road, that is not the time at which the product was last loaded. And I would emphasize that point.

We are asking that subclause 5(2) specifically include the railways. So, I don't see the relevance of the sub-amendment.

9:45 a.m.

Conservative

The Chair Conservative Leon Benoit

Okay. We'll go to the vote, but we will read the motion.

Could the clerk read the motion? It is in French.

9:45 a.m.

Marc Toupin Procedural Clerk

The motion is on clause 5. I'll start reading it in French, starting at line 3, on page 4.

It would read as follows:

“is considered to be exported is the time at which the railcar that contains it was placed on the track or next to the road to be assembled to form part of a train or a truck for export.”

9:45 a.m.

Conservative

The Chair Conservative Leon Benoit

Thank you.

We'll now go to the recorded vote on the subamendment.

(Subamendment negatived: nays 10; yeas 1)

9:45 a.m.

Conservative

The Chair Conservative Leon Benoit

We will now go to the recorded vote on the amendment.

Yes, Mr. Julian.

9:45 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

On the amendment itself, we haven't had a chance. I've spoken to the subamendment and I would now like to speak to the amendment.

9:45 a.m.

Conservative

The Chair Conservative Leon Benoit

Mr. Julian, yes, you did in fact speak to it.

9:45 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

No, I have not, Mr. Chair.

9:45 a.m.

Conservative

The Chair Conservative Leon Benoit

You spoke to it before you moved your subamendment.

9:45 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

No, I did not.

9:45 a.m.

Conservative

The Chair Conservative Leon Benoit

Part of your time was taken by the witnesses.

9:45 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

That was about a minute, Mr. Chair.