Transport Committee on Dec. 2nd, 2010

[The Chair, Conservative, Merv Tweed]

Mr. Bevington has challenged the chair's ruling.

Therefore, I will advise other members that if the ruling of the chair is overturned and amendment NDP-1 is adopted, there will be a conflict with BQ-1, BQ-2, and BQ-3, and we would not be able to proceed with those amendments.

I will ask Bonnie to record the vote on the decision of the chair.

(Ruling of the chair sustained [See Minutes of Proceedings])

The ruling of the chair has been sustained and therefore we will now move to the second amendment, proposed by the Bloc, BQ-1 on page 3.

I will ask Mr. Guimond to present it.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Thank you, Mr. Chairman.

This amendment is relatively simple. In the interest of transparency, we would like the list of countries to be public. In this way, if this is set out in the regulations, then the public, the airlines, everyone will be able to know if there are additions or removals.

[The Chair, Conservative, Merv Tweed]

Is there comment?

Mr. Jean.

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

Mr. Chair, I'm just wondering if the officials can confirm for us if this amendment is basically redundant, because it's already clear on lines 9 and 10 of the bill that only the information prescribed in regulations can be shared. Wouldn't it be redundant to have it in the legislation?

[Caroline Fobes, Counsel, Legal Services, Department of the Solicitor General (Public Safety and Emergency Preparedness)]

Yes, that's correct. We already have a provision in the Aeronautics Act that it would be done by regulation so--

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

So in fact it would actually—

[Caroline Fobes]

--it wouldn't add anything. It would be redundant.

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

And actually add confusion, in essence?

[Caroline Fobes]

Yes.

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

So we already have in the Aeronautics Act exactly what the Bloc is proposing.

[Caroline Fobes]

Yes.

[The Chair, Conservative, Merv Tweed]

Monsieur Guimond.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Where is that specified, Madam?

[Caroline Fobes]

It is in subclause 4.83(3) of the Aeronautics Act.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Very well.

[Caroline Fobes]

This is what it says, in the English version:

(3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations: (a) respecting the type or classes of information that may be provided; or (b) specifying the foreign states to which information may be provided.

It is already there. There is no need to include this directly in the section.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Just a minute, I am going to get a copy of the bill.

[The Chair, Conservative, Merv Tweed]

The place she is referring to is actually in the Aeronautics Act, not in the amendments package.

Do you have a copy we can share?

[Caroline Fobes]

Sure.

[The Chair, Conservative, Merv Tweed]

Monsieur Guimond, she has a copy of the act.

Thank you.

[Caroline Fobes]

Just to note as well,

that at line 19 of subclause 4.83(1) of the bill, to which changes are being suggested, it clearly says "in accordance with the regulations".

It is therefore specified in that section.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

I will withdraw my amendment. I believe it is very clear subclause 4.83(3) says the following:

(3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations:

Then, paragraph 4.83(3)(b) says: (b) specifying the foreign states to which information may be provided.

[Caroline Fobes]

That is correct.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Very well.

[The Chair, Conservative, Merv Tweed]

Technically we need the consent of the committee to do that.

Is it withdrawn?