Transport Committee on Nov. 2nd, 2006

[Seymour Isenberg]

I can't recall ever getting a case in the marine area at all. We would, of course, be happy to mediate one if one came in, but normally that isn't part of our overall operations.

[Gilles Dufault]

We don't intervene.... In the marine act we intervene on some specific issues, but not noise.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Thank you very much.

I just wanted to clarify that, because I wasn't sure whether I heard it right when you guys were speaking this afternoon.

[Gilles Dufault]

I mentioned earlier that we have experience with the notion of reasonableness in the application and interpretation of other acts, such as the marine act, the Pilotage Act, and some parts of the Canada Transportation Act.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

So you're referring to the definition of noise in that?

[Gilles Dufault]

I'm referring to the interpretation of what is reasonable or not reasonable.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

As the agency responsible for the mediation and adjudication process outlined in our dispute resolution section of Bill C-11, do you feel that both the public service providers and the rail companies will be on a level playing field with this, or will there be any inherent advantages for one or the other?

[Seymour Isenberg]

I think the mediation process is a very fair and balanced process and allows both sides an equal ability to put their points of view forward.

Let me clarify the difference between the mediation process and our formal process, because there seem to be a couple of questions on this.

The mediation process is a process that has been offered by the agency on a trial basis up to now but will be in the legislation. That is a process that is, in a sense, voluntary on the part of the parties. It's flexible: it could be confidential, or it could be open. And it's a separate process from the regular process, in which you file an official case. It can be part of that, it can be set aside as part of it while the case is held in abeyance, or it can be part of a case in itself.

But the formal process that the agency has when you file an official complaint is structured in the law. There are 120 days to reach a decision. There are rules of procedure for how the case is handled, depending whether it's a file hearing or an oral hearing. Decision is made normally in writing. It's appealable—if we erred in law, to the Federal Court, or to the Governor in Council for any other purpose.

So there are two different processes: one, if you like, informal, but very effective, we like to think—that is mediation—and the other, which is the formal process.

[Gilles Dufault]

If I may add, Mr. Blaney was talking about timelines earlier. The formal process has a 120-day time limit, unless the party agrees to have an extension, which is the case in a lot of complex cases. But mediation is driven by the party. It depends on their availability. It depends on the nature of the discussion. It's usually more rapid, but it could take longer.

We'd prefer not to have limits.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Exactly. Thank you. I just wanted to clarify a couple of those things.

[The Chair, Conservative, Merv Tweed]

Thank you, Mr. Storseth.

I would like to thank you again for reappearing. I'm sure that like us, you look forward to the final presentation of the bill.

Thank you very much.

[Gilles Dufault]

Thank you very much.

[The Chair, Conservative, Merv Tweed]

I'm going to ask the committee just to stay at the table, and we will move right into Mr. McGuinty's motion.

[David McGuinty, Liberal, Ottawa South, ON]

Should I move that motion again? I haven't moved it yet, have I?

It's good to have good staff, Mr. Chairman.

[The Chair, Conservative, Merv Tweed]

We're very fortunate.

[David McGuinty, Liberal, Ottawa South, ON]

Thank you, Mr. Wallace. I appreciate your appreciating my humour.

I'd like to move the motion formally, Mr. Chairman.

[Mike Wallace, Conservative, Burlington, ON]

I'm glad I'm filling in.

[David McGuinty, Liberal, Ottawa South, ON]

With humour like that, Mr. Wallace, you have to be Irish.

Mr. Chairman, I move that the committee invite the Minister of Transport, Infrastructure and Communities to appear at its meetings on Tuesday, November 7, 2006, and Thursday, November 9, 2006, to discuss the main estimates for the fiscal year 2006-2007.

[The Chair, Conservative, Merv Tweed]

Thank you, Mr. McGuinty.

Mr. Jean.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Thank you, Mr. Chair.

I actually wanted to advise the committee that I did speak to the minister, and he has informed me that he will try to make himself available for at least one of those dates to come in with the department to discuss estimates. At this stage it depends, of course, on his availability. He's trying to reschedule his other appointments, but it looks like Tuesday, November 7, for at least an hour would probably fit with his schedule. I will be able to advise the committee in due course.

[The Chair, Conservative, Merv Tweed]

Mr. Laframboise.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

That is why I would like to move an amendment to the motion so that, instead of appearing on Tuesday, November 7 and Thursday, November 9, the minister could appear at committee by November 9, 2006, to discuss the Main Estimates. That would allow him to choose a date. If November 7 is convenient for you, then we can move ahead, but the motion could state “by November 9”, to give him a little more leeway. Or are you already prepared to settle on November 7 and agree to appear on that day?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I sort of missed it in the translation, but if I understand it correctly, you want to make a friendly amendment to change it so that he would come in by November 9?

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

By November 9.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Absolutely. I have no problem with that.