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Transport committee  I'm not sure if we had any direct input from Dalhousie, specifically, but I'm sure we always send them copies of our discussion papers.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  The guild and the merchant guild, yes, we worked with them.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  In terms of the oil pollution conventions, which are already in our law, as I said, Canada became a party in 1989. In fact, Canada has ratified these two conventions. On the convention dealing with limitation of liability, where I talked about the provision dealing with wrecks and wreck removal, I think you have a point.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  There was never any hardship, but perhaps as a supplement to your question about the timing, international conventions that are contributory in nature, that involve money and payments of claim are a matter, of course, of entering or joining the convention at the right time. I think it is the case that it serves very little purpose to be the first party to ratify a convention if the rest of the world hasn't done it yet.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  If you would be good enough to look at slide 9, it makes it easier. The current convention to which we are a party is the pink layer. This is the international fund that is established under a convention. It's located in London, U.K., and Canada contributes to the fund whenever the fund needs money to pay oil pollution claims around the world.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  No, they will not be required to sign any waivers.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  We are now talking, of course, about adventure tourism, not sail trainees, because of the adventure tourism we're bringing back. The sail trainees issue has a different history. I think the legal aspect, or the concern of the legal community, with respect to this change, is that they feel the protection--I understand that's the way they see if--of the public, or those who engage in adventure tourism activities, is taking on a different quality.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  Yes. We have a very long list of associations involved in maritime transport—more than 20 of them. If I look at the five key points of the bill, on oil pollution, we would consult the ship owners, we would consult oil companies that are potentially involved in the legislation, the legal community, and both domestic and international insurers.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  Thank you very much for the question. I am aware of the case and the circumstances involved. I think what we are trying to do here is to provide clarity for any future cases of the same nature. At the moment, it could be argued that a sail trainee who paid to get on board a passenger ship or a sail ship with passenger capacity could be a passenger, and they could be treated as a passenger, as compared with any other commercial operation, and attract the liability of the shipowner at the limit of $350,000 per person.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  That's right. It's a per incident--

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  Yes. I was getting to your point where you asked about the increase for a shipowner. Because there are two parties, we have to look at which party actually is taking the increase. On slide number 9, when I look at the international convention we would be ratifying, that blue section represents only one party.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  The legal aspect of your question I would leave to Mr. Gauthier.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  Thank you for both of your questions. First, if I may deal with the polluter pays principle, in this legislation the polluter is not one party but two parties. They are the shipowner and the owner of the cargo, the company that is importing the oil. That is established under international conventions, to which we are a party.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  I appreciate the comments of my colleague. This is a harmonization of Canadian and U.S. law, and I should say that this is not necessarily a contribution to international law. There is no similar legislation that would be widely adopted in other countries. It is quite the opposite.

April 21st, 2009Committee meeting

Jerry Rysanek

Transport committee  Thank you very much. Thank you, Mr. Chairman, and good afternoon, ladies and gentlemen. Chairman, I noticed your emphasis on brief, so I shall be as brief as I can. I'll take you through this deck to present to you Bill C-7. At slide number 2 we set out the five objectives of the bill.

April 21st, 2009Committee meeting

Jerry Rysanek