Transport committee  I can read to you the opening caption from the Competition Act in section 93. This is how it starts: In determining, for the purpose of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may have regard to the following factors: So the tribunal “may” have regard to the following factors, and then it has a list of the factors that may be considered as part of the review of the merger.

Transport committee  Okay. We have looked at the Competition Act. Section 93 spells out not criteria but in fact “factors” that the Competition Bureau takes into account in its assessment. I think the words “criteria” and “factors” are being mixed and interplayed in that way, that they mean one and the same thing.

Transport committee  If I was hearing correctly the last time we were here, there was some concern from some of the members about whether we had consulted with the Competition Bureau on this provision. I can assure you that this whole provision was done in very close consultation with the Competition Bureau.

Transport committee  There is no difference. The commissioner says that we must prepare guidelines which must not be redundant with the Competition Bureau's guidelines. We agree on that. We will prepare guidelines in consultation with the commissioner. There are two aspects, two things to be examined: competition is covered by the Competition Bureau, and public interest involves the minister or someone designated by the minister.

Transport committee  Yes, that is it. Both organizations are involved in the process, namely, the Department of Transport and the Competition Bureau. We have to work together. The minister must personally consult the Commissioner of Competition before making a final decision.

Transport committee  I would support Mr. Julian's proposal, but I'd like to remind the committee that the last time we delayed two clauses. One of them was clause 13, which deals with mergers and acquisitions, and the other one was clause 17, which was also part of the air section. If the committee is amenable, maybe we could dispose of those two options today and deal with the noise option on Thursday.

Transport committee  Not necessarily. The same thresholds that apply under the Competition Act will apply under this. A transaction under the Competition Act is notifiable above $400 million worth of assets. Basically, this notification applies to the same level. Ottawa Central is a small entity. It wouldn't fit under that threshold.

Transport committee  We haven't, no.

Transport committee  Well, yes, but it applies generally to the air mode. Any carrier that fits under the thresholds would be considered

Transport committee  There is one for banks, and the Minister of Transport, for air transportation.

Transport committee  Well, in Transport, in air issues.

Transport committee  That's correct. We want applicants to know what information the minister requires. It is our intention to make these guidelines public.

Transport committee  Yes.

Transport committee  The difference is that here, we're talking about guidelines, while in his motion, Mr. McGuinty talks about criteria. There is a big difference between “criteria” and “guidelines”. We don't have a problem with using “shall” or “may”, but it's not the same in the case of “criteria” versus “guidelines”.

Transport committee  Yes.