Debates of April 14th, 1997

Canada Marine Act

[David Anderson, Liberal, Minister of Transport]

moved:

Motion No. 15

That Bill C-44, in Clause 5.1, be amended by ( a ) replacing lines 25 to 27 on page 4 with the following:

"5.1 (1) Subject to subsection (3), a port authority is an agent of Her Majesty in right of Canada only for the purposes of engaging in the port activities referred to in paragraph 24(2)( a ).'' b ) replacing lines 30 and 31 on page 4 with the following:

"right of Canada unless, subject to subsection (3), ( a ) it was an agent of Her Majesty in right of Canada on June 10, 1996; and b ) it is an agent of Her Majesty in right of Canada under an enactment other than this Act.

(3) A port authority or a wholly-owned subsidiary of a port authority may not borrow money as an agent of Her Majesty in right of Canada."

Motion No. 28

That Bill C-44, in Clause 8, be amended by ( a ) replacing lines 24 to 26 on page 6 with the following:

"8. (1) Subject to subsection (1.1), if the Minister is satisfied that the criteria set out in subsection 6(1) are met, the Minister may issue in respect of one or more harbour commissions" b ) adding after line 32 on page 6 the following:

"(1.1) The Minister may not issue letters patent of continuance in respect of The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act before that harbour commission applies for the issuance of those letters patent." c ) replacing line 39 on page 6 with the following:

"tion of the port authority;" d ) replacing line 8 on page 7 with the following:

"authority that was one or more harbour commissions"

[Paul Crête, Bloc, Kamouraska—Rivière-Du-Loup, QC]

moved:

Motion No. 18

That Bill C-44, in Clause 6, be amended by replacing line 11 on page 5 with the following: c ) is linked to a rail line or a major''

Motion No. 19

That Bill C-44, in Clause 6, be amended by replacing line 13 on page 5 with the following: d ) has a significant amount of traffic.''

[John Bryden, Liberal, Hamilton—Wentworth, ON]

moved:

Motion No. 20

That Bill C-44, in Clause 6, be amended by replacing line 31 on page 5 with the following:

"(ii) one individual appointed by each of the"

Motion No. 31

That Bill C-44, in Clause 12, be amended by replacing line 26 on page 11 with the following:

"letters patent each appoint one individual,"

[Svend Robinson, NDP, Burnaby—Kingsway, BC]

moved:

Motion No. 21

That Bill C-44, in Clause 6, be amended by replacing lines 31 to 33 on page 5 with the following:

"(ii) one individual appointed by the municipalities mentioned in the letters patent, with the exception of the port of Vancouver where there shall be two individuals appointed by the municipalities mentioned in the letters patent,"

Motion No. 22

That Bill C-44, in Clause 6, be amended by replacing lines 31 to 33 on page 5 with the following:

"(ii) two individuals appointed by the municipalities mentioned in the letters patent,"

Motion No. 35

That Bill C-44, in Clause 14, be amended by deleting lines 27 to 29 on page 12.

[Joe Comuzzi, Liberal, Thunder Bay—Nipigon, ON]

moved:

Motion No. 23

That Bill C-44, in Clause 6, be amended by replacing line 6 on page 6 with the following: h ) the charge to the''

Motion No. 34

That Bill C-44, in Clause 13, be amended by replacing line 24 on page 12 with the following:

"port or to maritime trade. Competent individuals from the community shall not be excluded from acting as directors solely because they do not represent the transportation industry or business community."

[David Anderson, Liberal, Minister of Transport]

moved:

Motion No. 24

That Bill C-44, in Clause 6, be amended by ( a ) replacing lines 11 and 12 on page 6 with the following:

"good standing; i ) the extent to which the port authority and a wholly-owned subsidiary of the port authority may undertake port activities referred to in paragraph 24(2)( a ) and other activities referred to in paragraph 24(2)( b ); j ) the maximum term of a lease or licence of federal real property under the management of the port authority; k ) the limits on the authority of the port authority to contract as agent for Her Majesty; l ) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes; and m ) any other provision that the Minister'' b ) adding the following after line 15 on page 6:

"(3) Letters patent are not regulations within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.

(4) Any provisions of letters patent relating to the extent to which a port authority may undertake activities referred to in paragraph 24(2)( b ) shall be approved by the President of the Treasury Board and the Minister of Finance before the letters patent are issued.

(5) Any provisions of letters patent relating to limits on the power of a port authority to borrow money on the credit of the port authority for port purposes shall be approved by the Governor in Council before the letters patent are issued."

Motion No. 25

That Bill C-44, in Clause 7, be amended by replacing lines 16 and 17 on page 6 with the following:

"7. The Minister may, on the Minister's own initiative and after consulting with the board of directors, or at the request of the board of directors,"

Motion No. 36

That Bill C-44, in Clause 14, be amended by replacing lines 42 to 44 on page 12 with the following:

"employee of a person who is a user of the port;"

Motion No. 38

That Bill C-44, in Clause 20, be amended by replacing lines 30 to 36 on page 14 with the following:

"20. (1) If a port authority or a wholly-owned subsidiary of a port authority is acting as agent of Her Majesty in right of Canada, the port authority or subsidiary must fulfil or satisfy an obligation or liability in respect of the port authority or subsidiary, as the case may be, arising from its exercise of, or its failure to exercise, a power or right or arising by operation of law. Her Majesty is not responsible for fulfilment or satisfaction of the obligation or liability, except that if a judgment or decision is rendered by a court of competent jurisdiction in respect of the obligation or liability, Her Majesty is responsible for satisfying the judgment or decision to the extent that it remains unsatisfied by the port authority or subsidiary at least thirty days after the judgment or decision becomes final.

(2) If a port authority or a wholly-owned subsidiary of a port authority is not acting as agent of Her Majesty in right of Canada, an obligation or liability in respect of the port authority or subsidiary, as the case may be, arising from its exercise of, or its failure to exercise, a power or right or arising by operation of law is an obligation or liability of the port authority or subsidiary, as the case may be, and not an obligation or liability of Her Majesty.

(3) A port authority and a wholly-owned subsidiary of a port authority shall fully maintain in good standing at all times the insurance coverage required by any regulations made under section 52."

Motion No. 39

That Bill C-44, in Clause 20.1, be amended by replacing line 4 on page 15 with the following:

"authority or a wholly-owned subsidiary of a port authority."

Motion No. 40

That Bill C-44, in Clause 21, be amended by replacing lines 5 to 13 on page 15 with the following:

"21. No payment to a port authority or a wholly-owned subsidiary of a port authority may be made under an appropriation by Parliament to enable the port authority or subsidiary to discharge an obligation or liability. This section applies a ) even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 5.1; and b ) notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act, any other Act in respect of emergencies or any Act of general application providing for grants.''

Motion No. 41

That Bill C-44, in Clause 22, be amended by replacing lines 14 to 18 on page 15 with the following:

"22. No guarantee may be given under the authority of Parliament by or on behalf of Her Majesty for the discharge of an obligation or liability of a port authority or a wholly-owned subsidiary of a port authority. This section applies even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 5.1."

Motion No. 42

That Bill C-44, in Clause 24, be amended by ( a ) replacing lines 38 to 44 on page 15 with the following:

"(2) The power of a port authority to operate a port is limited to the power to engage in a ) port activities related to shipping, navigation, transportation of passengers and goods, handling of goods and storage of goods, to the extent that those activities are specified in the letters patent; and b ) other activities that are deemed in the letters patent to be necessary to support port operations.

(2.1) The activities that a port authority may engage in under paragraph (2)( b ) may be carried on by the port authority directly or through a wholly-owned subsidiary of the port authority. The port authority and the subsidiary are not agents of Her Majesty in right of Canada for the purpose of engaging in those activities.'' b ) replacing lines 7 and 8 on page 16 with the following:

"(3.1) A port authority or wholly-owned subsidiary of a port authority that enters into a contract other than as agent of Her Majesty in right of Canada shall do so in its own name. It shall expressly state in the contract that it is entering into the contract on its own behalf and not as agent of Her Majesty in right of Canada. For greater certainty, the contracts to which this subsection applies include a contract for the borrowing of money.

(3.2) The directors of a port authority shall take all necessary measures to ensure a ) that the port authority and any wholly-owned subsidiary of the port authority comply with subsection (3.1); and b ) that any subcontract arising directly or indirectly from a contract to which subsection (3.1) applies expressly states that the port authority or subsidiary, as the case may be, enters into the contract on its own behalf and not as agent of Her Majesty in right of Canada.

(3.3) If a port authority or a wholly-owned subsidiary of a port authority fails to comply with subsection (3.1), or the directors of a port authority fail to comply with subsection (3.2), the Minister of Finance, on the recommendation of the Minister of Transport, may impose any limitations that the Minister of Finance considers to be in the public interest on the power of the port authority or subsidiary to borrow money, including limitations on the time and terms and conditions of any borrowing.

(3.4) For greater certainty, the imposition under subsection (3.3) of limitations on the power of a port authority or subsidiary to borrow money or the imposition of other limitations or controls by the Minister, any other member of the Queen's Privy Council for Canada or the Governor in Council, through the issuance of letters patent, the granting of any approval or any other means, does not expand the extent, if any, to which the port authority or subsidiary is an agent of Her Majesty in right of Canada beyond that described in section 5.1.

(3.5) A port authority, or a wholly-owned subsidiary of a port authority, that enters into a contract as an agent of Her Majesty in right of Canada is bound by the contract and is responsible to Her Majesty for the performance of obligations to other parties under the contract." c ) by replacing lines 21 to 26 on page 16 with the following:

"wholly-owned subsidiaries a ) have and exercise only the powers authorized in the letters patent of the port authority; b ) carry on only the activities authorized in the letters patent; and c ) do not exercise any power or carry on any activity in a manner contrary to the letters patent or this Act.

(5.1) The Governor in Council may declare that any provision of this Part that applies only to port authorities applies to a wholly-owned subsidiary of a port authority. In that case, the provision applies to the subsidiary as if it were a port authority, with such modifications as the circumstances require." d ) by replacing line 30 on page 16 with the following:

"on or exercised on December 1, 1995 but," e ) by adding after line 34 on page 16 the following:

(7) Unless the letters patent of a port authority provide otherwise, the port authority or a wholly-owned subsidiary of the port authority shall not a ) cause the incorporation of a corporation whose shares on incorporation would be held by, on behalf of or in trust for the port authority or subsidiary; b ) acquire shares of a corporation to be held on behalf of or in trust for the port authority or subsidiary; c ) acquire all or substantially all of the assets of another corporation; d ) sell or otherwise dispose of shares of a wholly-owned subsidiary of the port authority; or e ) cause the dissolution or amalgamation of a wholly-owned subsidiary of the port authority.''

Motion No. 47

That Bill C-44, be amended by adding after line 6 on page 18 the following:

"28.01 A person who deals with a port authority, acquires rights from a port authority or directly or indirectly acquires rights relating to a port authority is deemed to know the contents of the letters patent of the port authority."

Motion No. 48

That Bill C-44, in Clause 30, be amended by adding after line 9 on page 20 the following:

"(5) A port authority shall submit to the Minister its audited annual financial statements, and those of its wholly-owned subsidiaries, at least thirty days before the port authority's annual meeting."

"(6) A port authority shall provide the Minister with such accounts, budgets, returns, statements, documents, records, books, reports or other information as the Minister may require, including information about any contingent liabilities of the port authority or of its wholly-owned subsidiaries."

Motion No. 49

That Bill C-44 be amended by adding after line 37 on page 20 the following:

"32.1 A port authority shall annually submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing such information as the Minister may require, including any material changes in respect of information provided in the previous business plan.

32.2 The financial statements and business plan of a port authority shall be prepared in a form that clearly sets out information about each of the activities of the port authority and its wholly-owned subsidiaries, with the information about port activities referred to in paragraph 24(2)( a ) set out separately from the information about other activities referred to in paragraph 24(2)( b ).''

Motion No. 58

That Bill C-44, in Clause 52, be amended by ( a ) replacing line 16 on page 34 with the following:

"hibition of uses, structures, works and operations;" b ) replacing line 18 on page 34 with the following:

"any structure or work that interferes with navigation" c ) deleting line 30 on page 34 d ) adding after line 36 on page 34 the following: g ) the stewardship obligation of a port authority in respect of federal real property under the management of the port authority; h ) the insurance coverage that a port authority and a wholly-owned subsidiary of a port authority must maintain; and i ) the imposition of obligations on a port authority or a wholly-owned subsidiary of a port authority, as an agent of Her Majesty in right of Canada, including any requirements for a port authority or a wholly-owned subsidiary of a port authority to indemnify Her Majesty.''

Motion No. 112

That Bill C-44, in Clause 141.1, be amended by replacing lines 26 to 34 on page 77 and lines 1 to 7 on page 78 with the following:

"Fraser River Port Authority Administration portuaire du fleuve Fraser Halifax Port Authority Administration portuaire de Halifax Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo Port Alberni Port Authority Administration portuaire de Port-Alberni Prince Rupert Port Authority Administration portuaire de Prince-Rupert Quebec Port Authority Administration portuaire de Québec Saguenay Port Authority Administration portuaire du Saguenay Saint John Port Authority Administration portuaire de Saint-Jean Sept-Îles Port Authority Administration portuaire de Sept-Îles St. John's Port Authority Administration portuaire de St. John's Toronto Port Authority Administration portuaire de Toronto Thunder Bay Port Authority Administration portuaire de Thunder Bay Trois Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Port Authority Administration portuaire de Vancouver Windsor Port Authority Administration portuaire de Windsor"

Motion No. 114

That Bill C-44, in Clause 159.1, be amended by replacing lines 15 to 30 on page 84 with the following:

"Fraser River Port Authority Administration portuaire du fleuve Fraser Halifax Port Authority Administration portuaire de Halifax Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo Port Alberni Port Authority Administration portuaire de Port-Alberni Prince Rupert Port Authority Administration portuaire de Prince-Rupert Quebec Port Authority Administration portuaire de Québec Saguenay Port Authority Administration portuaire du Saguenay Saint John Port Authority Administration portuaire de Saint-Jean Sept-Îles Port Authority Administration portuaire de Sept-Îles St. John's Port Authority Administration portuaire de St. John's Thunder Bay Port Authority Administration portuaire de Thunder Bay Toronto Port Authority Administration portuaire de Toronto Trois Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Port Authority Administration portuaire de Vancouver Windsor Port Authority Administration portuaire de Windsor"

Motion No. 117

That Bill C-44, in Clause 165.1, be amended by replacing lines 1 to 16 on page 86 with the following:

"Fraser River Port Authority Administration portuaire du fleuve Fraser Halifax Port Authority Administration portuaire de Halifax Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo Port Alberni Port Authority Administration portuaire de Port-Alberni Prince Rupert Port Authority Administration portuaire de Prince-Rupert Quebec Port Authority Administration portuaire de Québec Saguenay Port Authority Administration portuaire du Saguenay Saint John Port Authority Administration portuaire de Saint-Jean Sept-Îles Port Authority Administration portuaire de Sept-Îles St. John's Port Authority Administration portuaire de St. John's Thunder Bay Port Authority Administration portuaire de Thunder Bay Toronto Port Authority Administration portuaire de Toronto Trois Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Port Authority Administration portuaire de Vancouver Windsor Port Authority Administration portuaire de Windsor"

Motion No. 125

That Bill C-44 be amended by replacing the schedule on page 88 with the following:

"SCHEDULE (Section 5)

PORT AUTHORITIES Fraser River Port Authority Administration portuaire du fleuve Fraser Halifax Port Authority Administration portuaire de Halifax Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo Port Alberni Port Authority Administration portuaire de Port-Alberni Prince Rupert Port Authority Administration portuaire de Prince-Rupert Quebec Port Authority Administration portuaire de Québec Saguenay Port Authority Administration portuaire du Saguenay Saint John Port Authority Administration portuaire de Saint-Jean Sept-Îles Port Authority Administration portuaire de Sept-Îles St. John's Port Authority Administration portuaire de St. John's Thunder Bay Port Authority Administration portuaire de Thunder Bay Toronto Port Authority Administration portuaire de Toronto Trois Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Port Authority Administration portuaire de Vancouver Windsor Port Authority Administration portuaire de Windsor"

[Paul Crête, Bloc, Kamouraska—Rivière-Du-Loup, QC]

moved:

Motion No. 33

That Bill C-44, in Clause 13, be amended by replacing lines 20 to 24 on page 12 with the following:

"in their field and relevant knowledge and extensive experience related to the management of a business and staff relations."

Motion No. 37

That Bill C-44, in Clause 14, be amended by replacing line 44 on page 12 with the following:

"individual user who has such a contract and refuses to comply with a code of ethics approved by the Minister;"

Motion No. 43

That Bill C-44, in Clause 24, be amended by replacing lines 40 to 44 on page 15 with the following:

"a port is limited to the power to engage directly or indirectly in the port activities of shipping, navigation and the handling and storage of goods as well as activities necessary to support port operations and a port authority may, in particular, by itself, or with other bodies, construct, maintain and operate highways, railways, ships, factories and equipment and may generally undertake activities and exercise the powers it considers necessary for the effective administration, management and control of the port, the works and other properties placed under its authority."

Motion No. 44

That Bill C-44, in Clause 24, be amended by deleting lines 9 to 18 on page 16.

Motion No. 45

That Bill C-44, in Clause 24, be amended by replacing line 34 on page 16 with the following:

"authorized in the letters patent, and a port authority may, subject to the approval of the Minister, establish a subsidiary, whether or not the subsidiary is wholly-owneed, if it considers this necessary for its operation."

Motion No. 46

That Bill C-44, in Clause 25, be amended by replacing lines 35 to 43 on page 16 and lines 1 to 11 on page 17 with the following:

"25. A railway that is constructed, purchased, leased, operated or maintained on lands managed, held or occupied by a port authority is subject to the Railway Safety Act but is not subject to Part III of the Canada Transportation Act."

Motion No. 127

That Bill C-44, in the Schedule, be amended by adding in alphabetical order the following:

"Trois-Rivières Port Authority Administration portuaire de Trois-Rivières"

[Dennis Mills, Liberal, Broadview—Greenwood, ON]

moved:

Motion No. 126

That Bill C-44, in the Schedule, be amended by adding in alphabetical order the following:

"Toronto Port Authority Administration portuaire de Toronto"

[David Anderson, Liberal, Minister of Transport]

moved:

Motion No. 59

That Bill C-44, in Clause 54, be amended by adding after line 18 on page 36 the following:

"(6) The Governor in Council may, by regulation, repeal the designation of a public port or public port facility made or deemed to have been made under this section."

Motion No. 64

That Bill C-44, in Clause 65, be amended by replacing line 22 on page 41 with the following:

"modifications as the circumstances require, except that, in making those modifications to section 49, the references in that section to a person or member of a class of persons designated under subsection 49(1) shall be taken to be references to a person or member of a class of persons designated under this section."

Motion No. 97

That Bill C-44, in Clause 87, be amended by replacing line 13 on page 53 with the following:

"cations as the circumstances require, except that, in making those modifications to section 49, the references in that section to a person or member of a class of persons designated under subsection 49(1) shall be taken to be references to a person or member of a class of persons designated under this section."

Motion No. 98

That Bill C-44, in Clause 94, be amended by replacing line 9 on page 55 with the following:

"require, except that, in making those modifications to section 49, the references in that section to a person or member of a class of persons designated under subsection 49(1) shall be taken to be references to a person or member of a class of persons designated under this section."

Motion No. 107

That Bill C-44, in Clause 135, be amended by replacing lines 28 to 32 on page 75 with the following:

"36.01 No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies."

Motion No. 111

That Bill C-44, in Clause 138, be amended by replacing lines 28 to 31 on page 76 with the following:

"138. The Act is amended by replacing the name "Great Lakes Pilotage Authority, Ltd." with the name "Great Lakes Pilotage Authority" in the following provisions: a ) subsections 46(1) and (2); and b ) the schedule.''

Motion No. 116

That Bill C-44 be amended by adding after line 35 on page 84 the following:

"160.1 Schedule IV to the Act is amended by adding the following in alphabetical order:

Great Lakes Pilotage Authority Administration de pilotage des Grands Lacs"

[Gerry Byrne, Liberal, Humber—St. Barbe—Baie Verte, NL]

moved:

Motion No. 61

That Bill C-44, in Clause 61, be amended by adding after line 31 on page 38 the following:

"(2) A person or body who wishes to enter into an agreement under paragraph (1)( a ) shall submit a proposal for the sale, management and operation of a public port or port facility to the Minister at least 60 days before an agreement would take affect.''

(3) The proposal may include, but is not limited to the following: a ) the objectives; b ) capital and operating plans; c ) fee and tariff schedules; d ) management and ownership structures; and e ) any other information and related documents the Minister considers appropriate.

(4) A person or body shall take all reasonable steps to bring notice of the proposal to the attention of persons likely to be affected by it at least 60 days before an agreement would take affect.

(5) An interested person may at any time within the notice period file an objection with the Agency that it is not in the public interest to dispose of all or part of the federal real property that formed part of a public port or public port facility, and the Agency shall consider the objection without delay and report its findings to the Minister who shall be governed accordingly.

(6) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, to every report of the Agency made under subsection (5) as if the report were a decision made pursuant to that Act."

Motion No. 62

That Bill C-44, in Clause 61, be amended by replacing line 32 on page 38 with the following:

"(2) The agreements shall include "

[Elsie Wayne, Progressive Conservative, Saint John, NB]

moved:

Motion No. 99

That Bill C-44, in Clause 96, be amended by adding after line 7 on page 56 the following:

"(4) The Minister shall ensure that, within one month from the day on which a port authority begins to operate a port, the port authority will provide officers for the enforcement of the laws of Canada or any province in so far as the enforcement of those laws relates to the protection under the administration of the port authority or to the protection of persons present on, or property situated on, premise under the administration of the port authority.

(5) In hiring police officers for the purpose mentioned in subsection (4), a port authority shall give preference to persons who have previously performed policing duties at the port.

(6) The Minister shall not issue letters patent to a port authority unless the Minister is of the opinion that the port authority will, within one month from the day on which the port authority begins to operate the port, make suitable arrangements with the local municipal police force to provide police officers for the purpose mentioned in subsection (4)."

[Art Hanger, Reform, Calgary Northeast, AB]

moved:

Motion No. 100

That Bill C-44 be amended by adding after line 7 on page 56 the following:

96.1(1) The Minister may designate any person as a peace officer for the purposes of law enforcement at a port authority, public port or any other location specified in this Act.

(2) Any person so designated shall enjoy all of the authority granted to members of the Canada Ports Police as defined under the Canada Ports Corporation Act, including the enforcement of this Act.

(3) All members of the Canada Ports Corporation Act are continued as member of the Canada Port Police pursuant to this Act.

(4) The Minister shall assess the costs associated with the deployment of the Canada Ports Police at a Port Authority and include them, or any portion of them, as a charge against the Port Corporation pursuant to section 6( h ) of this Act.''

Motion No. 101

That Bill C-44 be amended by adding after line 9 on page 69 the following:

"119.1(1) Peace officers appointed and continued pursuant to Section 96.1 of this Act shall be subject to the provisions of the Public Service Staff Relations Act, the Financial Administration Act and are deemed to be employees of the Crown in Right of Canada.

(2) All collective agreements in force, and any grievances thereto, in relation to peace officers continued pursuant to section 96 of this Act are continued as if the Crown in Right of Canada was the original employer in the agreement."

[Joe Comuzzi, Liberal, Thunder Bay—Nipigon, ON]

moved:

Motion No. 104

That Bill C-44 be amended by adding after line 7, on page 74, the following:

"131.2 Section 18 of the Act is renumbered as subsection 18(1) and is amended by adding the following:

(2) An authority shall take measures to permit masters and officers to obtain pilotage certificates, to perform pilotage duties on the ship on which they are a regular member of the complement.

131.3 The portion of the English version of subsection 22(1) of the Act after paragraph ( b ) is replaced by the following:

issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area comparable to that required of an applicant for a licence for that compulsory pilotage area.

131.4 Section 22 of the Act is amended by adding the following after subsection (1):

(1.1) Determination of whether an applicant for a pilotage certificate has comparable skill and knowledge to an applicant for a licence, may be made through a ship simulator testing program or other mutually agreeable practical testing method."

Motion No. 108

That Bill C-44 be amended by adding after line 11, on page 76, the following:

"136.4 Section 52 of the Act is amended by adding the following after paragraph ( a ):

(a.1) prescribing requirements for the approval of simulator training course or other mutually agreable practical testing method for issuance of pilotage certificates;"

[Jim Gouk, Reform, Kootenay West—Revelstoke, BC]

moved:

Motion No. 105

That Bill C-44 be amended by adding after line 7, on page 74, the following:

"131.2 Section 18 of the Act is renumbered as subsection 18(1) and is amended by adding the following:

(2) An authority shall take measures to permit masters and officers to obtain pilotage certificates, to perform pilotage duties on the ship on which they are a regular member of the complement.

131.3 The portion of the English version of subsection 22(1) of the Act after paragraph ( b ) is replaced by the following:

issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area comparable to that required of an applicant for a licence for that compulsory pilotage area."

Motion No. 106

That Bill C-44 be amended by adding after line 7, on page 74, the following:

131.4 Section 22 of the Act is amended by adding the following after subsection (1):

(1.1) Determination of whether an applicant for a pilotage certificate has comparable skill and knowledge to an applicant for a licence, may be made through a ship simulator testing program or other mutually agreeable practical testing method."

Motion No. 109

That Bill C-44 be amended by adding after line 11, on page 76, the following:

"136.4 Section 52 of the Act is amended by adding the following after paragraph ( a ):

(a.1) prescribing requirements for the approval of simulator training courses or other mutually agreable practical testing method for issuance of pilotage certificates;"

Motion No. 110

That Bill C-44, in Clause 137, be amended by replacing line 20 on page 76 with the following:

"area designations, ships or classes of ships subject to compulsory pilotage, dispute resolution mecha-"

[David Anderson, Liberal, Minister of Transport]

moved:

Motion No. 103

That Bill C-44 be amended by adding after line 3 on page 72 the following:

"128.1 A review of the provisions and operation of this Act shall be completed by the Minister during the fifth year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed."

Motion No. 123

That Bill C-44, in Clause 176, be amended by replacing lines 14 to 17 on page 87 with the following:

"this section comes into force, a ) subsection 6(3) of this Act is replaced by the following:

(3) Letters patent are not regulations within the meaning of the Regulations Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication. b ) subsection 40(9) of this Act is replaced by the following:

(9) Land use plans are not regulations"

Motion No. 124

That Bill C-44, in Clause 177, be amended by replacing lines 19 to 28 on page 87 with the following:

"177. (1) Subject to this section, this Act comes into force 150 days after the day on which it receives Royal Assent unless, before that day, the Governor in Council, by order, declares that this Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.

(2) Subject to subsection (3), Part III, or any of its provisions, and sections 127.1, 127.2, 130, 138, 139.1, 140, 141, 147.1, 148, 150, 151, 152, 154, 155, 159.2, 159.3, 160, 160.1, 163, 164, 165, 169 to 172, 174 and 175 come into force on a day or days to be fixed by order of the Governor in Council.

(3) Sections 169 to 171 may not come into force before letters patent of continuance are issued under section 8 in respect of The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act."

[Bob Kilger, Liberal, Stormont—Dundas, ON]

Mr. Speaker, I believe indicated at the beginning of the debate that I would be seeking unanimous consent to table an amendment to to Bill C-44. I wonder if you would seek the consent of the House so that I might table an amendment.

[The Acting Speaker (Mr. Milliken)]

The chief government whip has made a proposal that he be permitted to table an amendment to the legislation. Is there unanimous consent that he proceed?

[Some hon. members]

Agreed.

[Bob Kilger, Liberal, Stormont—Dundas, ON]

Mr. Speaker, I need only mention to the House that a predecessor of many years ago, the late Hon. Lionel Chevrier, former Minister of Transport, was known as Mr. Seaway back home in the seat of Cornwall, my home town that proudly took the title of the Seaway City. I have a great deal of interest in the matter before the House, particularly as Bill C-44 pertains to the St. Lawrence Seaway Authority. Therefore I move:

That Bill C-44 be amended by adding after line 33 on page 52 the following under the title of "corporate services":

85.1(1) Until the dissolution of the authority by virtue of section 85, the Corporate Services of the authority shall be located in Cornwall, Ontario.

(2) Upon the dissolution of the authority, the administrative services; audit services; finance and accounting; human resources services; information technology services; marine services; operation services and maintenance services; and, tolls and statistics offered in respect of the operations of the St. Lawrence Seaway shall be offered in Cornwall, Ontario.

[The Acting Speaker (Mr. Milliken)]

Is it agreed that Motion No. 128 will be added to the list of those on which divisions have been demanded and deferred and that it will be deferred with the others until tomorrow at 5.30 p.m.?

[Some hon. members]

Agreed.

(Divisions deemed demanded and deemed deferred.)

[The Acting Speaker (Mr. Milliken)]

It being 7.23 p.m., the House stands adjourned until 10 a.m. tomorrow, pursuant to Standing Order 24(1).

(The House adjourned at 7.23 p.m.)