Transport Committee on March 1st, 2011

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

Mr. Chair, could we have a five-minute break?

[The Chair, Conservative, Merv Tweed]

I think that might be in order, just to get clarity on this particular amendment, if that's okay.

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

Absolutely.

[The Chair, Conservative, Merv Tweed]

We'll take a five-minute recess, and I'll hold it to five minutes, please.

[The Chair, Conservative, Merv Tweed]

We'll call the meeting back to order.

Mr. Jean.

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

Mr. Chair, we've had discussions between parties, and I would like to hear Mr. McCallum's proposed amendment in respect to this, if that's possible.

[The Chair, Conservative, Merv Tweed]

He has asked, and you certainly can.

[John McCallum, Liberal, Markham—Unionville, ON]

Thank you.

This relates to the part of the bill on page 3, lines 9 to 15, about the brake override system, which the government amendment has simply erased.

Our proposal is to erase the clause that exists in the bill that says:

(a.1) in the case of a vehicle that employs an electronic throttle control system, the vehicle is equipped with a brake-override system;

And replace it with:

The Governor in Council shall propose regulations respecting brake override systems for prescribed classes of vehicles equipped with an electronic throttle control system. This will be complete within 280 days after the coming into force of the U.S. enactment of such requirements.

The effect of that is to put the brake override decision not into the act but in the regulations and to give them the amount of time that is contingent on an action in the U.S. I think that's a reasonable way to go.

[The Chair, Conservative, Merv Tweed]

Before I ask for a comment from the floor, Mr. McCallum, I don't want to put you through too much misery, but I would ask if you would just read it again one more time for interpretation and so that everybody understands.

[John McCallum, Liberal, Markham—Unionville, ON]

I'd be happy to.

The Governor in Council shall propose regulations respecting brake override systems for prescribed classes of vehicles equipped with an electronic throttle control system. This will be complete within 280 days after the coming into force date of the U.S. enactment of such requirements.

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

The coming into force of U.S. regulations?

[John McCallum, Liberal, Markham—Unionville, ON]

I guess regulations.

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

That would be American, whatever the American system--

[John McCallum, Liberal, Markham—Unionville, ON]

It could be either.

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

I understand that. Either way is fine.

[The Chair, Conservative, Merv Tweed]

Mr. Jean.

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

Mr. Chair, in anticipation of your ruling my amendment, the government amendment, out of order—

[The Chair, Conservative, Merv Tweed]

It won't be out of order. What I'm going to propose, based on Mr. McCallum's interjection earlier, is that Mr. McCallum move his amendment further down on the agenda, so that we can address this issue with your amendment, and then we add it under, I believe, clause 6.1 when we're dealing with the regulation side of it.

Okay? Then we'll deal with government amendment number three.

(Amendment agreed to) [See Minutes of Proceedings]

(Clause 4 as amended agreed to)

(On clause 5)

On clause 5, we have government amendment number four.

Mr. Jean.

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

Yes, Mr. Chair.

You'll notice that some of the changes are fairly straightforward in relation to the English of this, and I think all members have a copy in both French and English. You'll notice in particular that the amendments made to this clause are meant to enlarge it and to ensure that its breadth is adequate. That's why, for instance, it talks about any vehicle and adding vehicles or equipment that have been imported into Canada. So it enlarges the class. I think it was just something that was missed by the original drafters, inadvertently.

So it captures not just those manufactured in Canada, but also the vast majority if not almost all vehicles on the road in Canada. So that's in relation to amendment (a).

And amendment (b)(2)—

[The Chair, Conservative, Merv Tweed]

I have only one amendment.

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

That is amendment G-5, is it not? No, it is amendment G-4, part (b).

[The Chair, Conservative, Merv Tweed]

It is clause 5, amendment G-4, and there are two parts to that.

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

I'm sorry, Mr. Chair. Let me start over.

It would change the words “in the prescribed manner” to be “in accordance with the regulations”, so that would be consistent. It would provide more flexibility in making regulations that come from a more general power. That is (a). We would add, from (b) specifically:

(4.1) The company that causes the notice to be given shall take measures to correct the safety-related defect.

That is to clarify who is responsible for remedying the defect for greater certainty in the legislation.

[The Chair, Conservative, Merv Tweed]

Are there comments?

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

We view it as a friendly amendment.

(Amendment agreed to) [See Minutes of Proceedings]

(Clause 5 as amended agreed to)

(On clause 6)