Mr. Speaker, in response to (a), section 41 of the Canada Marine Act requires that Canada port authorities undergo a special examination every five years, to allow an examiner to report on the port authority’s practices and protocols, including those related to financial management and control. The Toronto Port Authority has indicated that it will soon undertake its second special examination under this provision, and it should be completed prior to the end of this fiscal year. These reviews are conducted by a qualified, independent auditor.
In response to (b), the legal advice provided to the board of directors of the Toronto Port Authority belongs to the authority, and the decision to disclose the advice provided rests with the board.
In response to (c), paragraph 7(2)(b) of the Port Authorities Management Regulations requires any port authority to “prepare and maintain … at its registered office or at such other place in Canada as the board of directors thinks fit, a record of the minutes of meetings and resolutions of the board of directors and committees of directors.” This requirement to keep minutes of board meetings is consistent with good governance practices. This provision does not require Canada port authorities to make minutes of meetings public. Furthermore, the minister does not hold copies of the minutes.
In response to (d), the member of Parliament for Trinity--Spadina has been provided with a listing of travel and hospitality expenses incurred by the former chief executive officer of the Toronto Port Authority in 2007 and 2008, Question No. 61, February 19, 2009.
In response to (e), section 8 of the Canada Marine Act stipulates that the board of directors of a Canada port authority shall consist of between seven and eleven members. In December 2008, the Toronto Port Authority’s supplementary letters patent were amended, as permitted under the act, to increase membership on the board of directors from seven directors to nine.
A significant increase in airport operations and the need to ensure adequate representation of all port stakeholders led the government to increase membership on the board of directors at the Toronto Port Authority. The operation of an airport, in addition to a working port, requires additional governance oversight. The increase in membership was taken in the interests of strengthening the authority’s governance structure and the board’s ability to deal with complex issues facing the Toronto Port Authority. The individuals added to the board need to be people that know local issues and have valuable experience to bring to the table.
In response to (f), members of the board of directors at the Toronto Port Authority have a fiduciary responsibility to act in the best interests of the port. The Minister of Transport, Infrastructure and Communities takes allegations of conflict of interest on the board very seriously, and will consider the findings of any reviews or investigations related to the Toronto Port Authority.
In April 2006, the then minister of transport requested that a review of the Toronto Port Authority be undertaken to ensure that the principles of accountability and good governance had been upheld in decisions and actions taken by the Toronto Port Authority. The review of the Toronto Port Authority resulted in a comprehensive report on the Toronto Port Authority and satisfied the former minister that the board and management of the Toronto Port Authority had upheld the principles of accountability and good governance.