I am now prepared to rule on the question of privilege raised by the hon. member for Port Moody--Coquitlam--Port Coquitlam on March 1 concerning the responsibility of the hon. Minister of Transport to table a report under the Canada Transportation Act.
I would like to thank the hon. member for drawing this matter to the attention of the Chair, as well as the hon. Minister of Transport for his contribution on the subject.
The hon. member for Port Moody--Coquitlam--Port Coquitlam submits that the Minister of Transport is obliged to table a report in the House on the monitoring of the grain transportation and handling system in Canada as set out in subsection 50(3.2) of the Canada Transportation Act.
Subsection 50(3.2) requires the Minister of Transport to table a report, provided in part that regulations for purposes of monitoring the grain transportation and handling system have been made under paragraph (e.1) of section 50(1) of the same act.
The hon. minister indicated to this House, in his response on March 11, to the question of privilege of the hon. member for Port Moody—Coquitlam—Port Coquitlam, that regulations have not been made under paragraph 50(1)(e.1) as required by the act. Therefore, according to the hon. minister, there is no legal obligation on the minister to table a report.
The hon. member for Port Moody--Coquitlam--Port Coquitlam then further argued that inclusion of subsection 50(3.2) in the act was brought about because the minister was gathering information on the grain transportation and handling system under regulations that were in effect before the adoption of the act. He added that the minister has been providing this information to a corporation hired by the government to prepare a report on the grain transportation and handling system as contemplated by subsection 50(3.2) of the act.
He concluded that for these two reasons the minister was obliged to table a report in accordance with the subsection, namely within 15 days of the six months following the end of the 2000-01 crop year. This year, he argued, that date fell on February 28, the day before the hon. member first raised the question of privilege.
The Chair has carefully reviewed the reply by the Minister of Transport to the original question raised by the hon. member for Port Moody--Coquitlam--Port Coquitlam and the hon. member's comments subsequent to the minister's intervention. The Chair must take into account all the terms of subsection 50(3.2) of the act, as it is this provision that imposes on the minister the statutory duty of tabling a report in the House.
As I have already point out, the obligation on the Minister of Transport to table a report requires that regulations for such purposes have actually been made under paragraph 50(1)(e.1). The Chair invited the hon. member for Port Moody--Coquitlam--Port Coquitlam to provide to the Chair a copy of these regulations if he has reason to believe they have been made. The Chair has not received copies of any such regulations from the hon. member, and meanwhile the hon. minister has advised the House that no regulations under paragraph 50(1)(e.1) have been made.
In the absence of such regulations and given the rather clear language of the act on that very precise point, I must find that the minister is not obliged to table the report as has been argued by the hon. member for Port Moody--Coquitlam--Port Coquitlam, however ably. I wish nevertheless to commend the hon. member for his vigilance in regarding this very tightly worded section of the Canada Transportation Act and thank him for bringing his concerns forward, and of course the minister for his generous reply.