HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION
JOURNALS
No. 155
Monday, April 14, 1997
11:00 a.m.
The Clerk informed the House of the unavoidable absence
of the Speaker.
Whereupon, Mr. Milliken (Kingston and the Islands),
Deputy Chairman of Committees of the Whole, took the Chair,
pursuant to Standing Order 8.
PRAYERS
PRIVATE MEMBERS' BUSINESS
At 11:00 a.m., pursuant to Standing Order 30(6), the
House proceeded to the consideration of Private Members'
Business.
The Order was read for the second reading and reference
to a Legislative Committee of Bill S-15, An Act to amend An
Act to incorporate the Bishop of the Arctic of the Church of
England in Canada.
Mr. Peterson (Willowdale), seconded by Mr. English
(Kitchener), moved, -- That the Bill be now read a second time
and, by unanimous consent, referred to a Committee of the
Whole.
Debate arose thereon.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was read the second time and
referred to a Committee of the Whole.
The Committee considered the Bill and reported it
without amendment.
Pursuant to Standing Order 76.1(12), Mr. Peterson
(Willowdale), seconded by Mr. English (Kitchener), moved, -- That
Bill S-15, An Act to amend An Act to incorporate the
Bishop of the Arctic of the Church of England in Canada, be
concurred in at report stage.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was concurred in at report stage.
By unanimous consent, Mr. Peterson (Willowdale),
seconded by Mr. English (Kitchener), moved, -- That the Bill be
now read a third time and do pass.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was read the third time and passed.
INTERRUPTION
At 11:18 a.m., the sitting was suspended.
At 12:00 p.m., the sitting resumed.
GOVERNMENT ORDERS
The House resumed consideration of the motion of Mr.
Martin (Minister of Finance), seconded by Mr. Manley
(Minister of Industry), -- That Bill C-93, An Act to implement
certain provisions of the budget tabled in Parliament on
February 18, 1997, be referred forthwith to the Standing
Committee on Finance.
The debate continued.
Pursuant to Standing Order 73(1), the Acting Speaker
interrupted the proceedings.
The question was put on the motion and, pursuant to
Order made Thursday, April 10, 1997, the recorded division
was deferred until Tuesday, April 15, 1997, at 12:30 p.m.
The Order was read for the third reading of Bill C-27,
An Act to amend the Criminal Code (child prostitution, child
sex tourism, criminal harassment and female genital
mutilation).
Ms. Marleau (Minister of Public Works and Government
Services) for Mr. Rock (Minister of Justice), seconded by
Mr. Marchi (Minister of the Environment), moved, -- That the
Bill be now read a third time and do pass.
Debate arose thereon.
STATEMENTS BY MEMBERS
Pursuant to Standing Order 31, Members made statements.
ORAL QUESTIONS
Pursuant to Standing Order 30(5), the House proceeded
to Oral Questions.
DAILY ROUTINE OF BUSINESS
Presenting Reports from Committees
Mr. Guimond (Beauport -- Montmorency -- Orléans), from the
Standing Committee on Public Accounts, presented the 6th
Report of the Committee (Canada Infrastructure Works Program -- Lessons
Learned). -- Sessional Paper No. 8510-352-96.
Pursuant to Standing Order 109, the government was
requested by the Committee to table a comprehensive
response.
A copy of the relevant Minutes of Proceedings (Issue
No. 3, which includes this Report) was tabled.
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion
of Mr. de Savoye (Portneuf), seconded by Mr. Bernier
(Mégantic -- Compton -- Stanstead), Bill C-402, An Act to
provide for the limitation of interest rates in relation to
credit cards issued by financial institutions, companies
engaged in retail trade and petroleum companies, was
introduced, read the first time, ordered to be printed and
ordered for a second reading at the next sitting of the
House.
Pursuant to Standing Orders 68(2) and 69(1), on motion
of Mr. White (Fraser Valley West), seconded by Mr. Hill
(Macleod), Bill C-403, An Act to amend the Criminal Code
(prohibiting certain offenders from changing their name),
was introduced, read the first time, ordered to be printed
and ordered for a second reading at the next sitting of the
House.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk
of Petitions were presented as follows:
-- by Mr. Scott (Fredericton -- York -- Sunbury), one concerning the Criminal Code
of Canada (No. 352-2063);
-- by Mr. Mills (Red Deer), one concerning crimes of violence (No. 352-2064);
-- by Mr. Fillion (Chicoutimi), one concerning banks (No. 352-2065);
-- by Ms. McLaughlin (Yukon), three concerning crimes of violence (Nos.
352-2066 to 352-2068);
-- by Mr. Culbert (Carleton -- Charlotte), one concerning police and
firefighters' death benefits (No. 352-2069);
-- by Mr. White (Fraser Valley West), one concerning sentences in the Criminal
Code (No. 352-2070);
-- by Mr. Riis (Kamloops), one concerning the tax system (No. 352-2071), one
concerning taxes on books (No. 352-2072), one concerning the tax on gasoline
(No. 352-2073), one concerning the highway system (No. 352-2074) and one
concerning the nuclear industry (No. 352-2075);
-- by Mr. Frazer (Saanich -- Gulf Islands), two concerning the highway system
(Nos. 352-2076 and 352-2077);
-- by Mr. Graham (Rosedale), one concerning nuclear weapons (No. 352-2078).
GOVERNMENT ORDERS
The House resumed consideration of the motion of Mr.
Rock (Minister of Justice), seconded by Mr. Marchi (Minister
of the Environment), -- That Bill C-27, An Act to amend the
Criminal Code (child prostitution, child sex tourism,
criminal harassment and female genital mutilation), be now
read a third time and do pass.
The debate continued.
The question was put on the motion and it was agreed to.
Accordingly, the Bill was read the third time and passed.
The Order was read for the consideration at report stage and second
reading of Bill C-44, An Act for making the system of Canadian ports
competitive, efficient and commercially oriented, providing for the
establishing of port authorities and the divesting of certain harbours and
ports, for the commercialization of the St. Lawrence Seaway and ferry services
and other matters related to maritime trade and transport and amending the
Pilotage Act and amending and repealing other Acts as a consequence, as
reported by the Standing Committee on Transport with amendments.
Pursuant to Standing Order 76(5), the Acting Speaker
selected and grouped for debate
the following motions:
Group No. 1 -- Motions Nos. 1, 30, 50 to 57, 60, 63, 82 and
113.
Group No. 2 -- Motions Nos. 2, 65 to 81, 83 to 96, 102 and 115.
Group No. 3 -- Motions Nos. 3 to 7 and 9.
Group No. 4 -- Motions Nos. 8, 10 to 17, 26 to 29, 32 and 118
to 122.
Group No. 5 -- Motions Nos. 18 to 25, 31, 33 to 49, 58, 112,
114, 117 and 125 to 127.
Group No. 6 -- Motions Nos. 59, 61, 62, 64, 97 to 101, 104 to
111 and 116.
Group No. 7 -- Motions Nos. 103, 123 and 124.
Group No. 1
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
1, -- That Bill C-44, in Clause 2, be amended by replacing
lines 14 to 16 on page 1 with the following:
````fees" includes harbour dues, berthage and wharfage, as
well as duties, tolls, rates and other charges.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
30, -- That Bill C-44, in Clause 10, be amended by replacing
lines 23 to 25 on page 8 with the following:
"authority referred to in subsection (1) that was one or
more harbour commissions immediately before the coming into
force of this subsection are"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
50, -- That Bill C-44, in Clause 36, be amended by replacing
lines 36 and 37 on page 22 with the following:
"other than sections 12 to 14 and paragraphs 16(1)(a), (g)
and (i) and (2)(g),"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
51, -- That Bill C-44, in Clause 36, be amended by replacing,
in the French version, lines 3 and 4 on page 23 with the
following:
``certains immeubles ne sont plus nécessaires à l'exploita-``
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
52, -- That Bill C-44, in Clause 37, be amended by replacing
lines 28 to 32 on page 23 with the following:
"(3) A port authority may, for the purpose of operating
the port, lease or license any federal real property that it
manages, subject to the limits in the port authority's
letters patent on its authority to contract as agent for Her
Majesty in right of Canada. The term of the lease or licence
may not be more than the maximum term that the letters
patent set out for such a lease or licence."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
53, -- That Bill C-44, in Clause 38, be amended by replacing
line 39 on page 23 with the following:
"38. (1) Subject to subsection 37(3), a port authority
may not dispose of"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
54, -- That Bill C-44, in Clause 40, be amended by
(a) replacing lines 35 to 37 on page 24 with the following:
"(b) prohibit the erecting of structures or works or certain
types of structures or works; and
(c) subject to any regulations made under section 52,
regulate the type of structures or works that may"
(b) replacing line 8 on page 25 with the following:
"(b) the erecting or alteration of a structure or work"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
55, -- That Bill C-44, in Clause 43, be amended by replacing,
in the English version, lines 1 to 3 on page 28 with the
following:
"(4) The notice required by this section does not apply
to any fees accepted in a contract under section 44."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
56, -- That Bill C-44, in Clause 49, be amended by replacing,
in the English version, lines 24 to 26 on page 31 with the
following:
"(c) direct a ship to use specified radio frequencies in
communications with the port station or other ships; and"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
57, -- That Bill C-44, in Clause 49, be amended by replacing
line 25 on page 32 with the following:
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
60, -- That Bill C-44, in Clause 61, be amended by replacing
line 27 on page 38 with the following:
"(b) the transfer of the administration and control of
all"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
63, -- That Bill C-44, in Clause 63, be amended by
(a) replacing line 13 on page 40 with the following:
"(b) the regulation and prohibition of uses, structures,"
(b) replacing line 18 on page 40 with the following:
"any structure or work that interferes with navigation"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
82, -- That Bill C-44, in Clause 69, be amended by replacing,
in the French version, line 41 on page 44 with the
following:
"d'une entente et la protection des intérêts de"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
113, -- That Bill C-44, in Clause 157, be amended by replacing
lines 28 to 36 on page 83 with the following:
"157. Paragraph 3(1)(a) of the Fishing and Recreational
Harbours Act is replaced by the following:
(a) any port, as defined in section 4 of the Canada Marine
Act, or any harbour, works or property under the
jurisdiction of a harbour commission established under an
Act of Parliament; or"
Debate arose on the motions in Group No. 1 (Motions
Nos. 1, 30, 50 to 57, 60, 63, 82 and 113).
The question was put on Motion No. 1 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 30, 50 to 57, 60, 63, 82 and 113,
was deferred.
By unanimous consent, it was agreed, -- That all motions
be deemed moved and seconded and all questions necessary to
dispose of the report stage and second reading of Bill C-44
be deemed put, recorded divisions deemed demanded and
deferred to Tuesday, April 15, 1997, at the expiry of the time provided for
Government Orders.
Group No. 2
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 2, -- That Bill C-44,
in Clause 2, be amended by replacing line 23 on page 2 with
the following:
``the port of Montreal and Lake Erie and Lake Ontario''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 65, -- That Bill C-44,
in Clause 67, be amended by adding after line 27 on page 41
the following:
``(a) ensure that all operational costs and short and long
term maintenance costs are paid from operating fees or
Seaway Investment Funds and not from the Consolidated
Revenue Fund;''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 66, -- That Bill C-44,
in Clause 67, be amended by adding after line 29 on page 41
the following:
``(a.1) establish an independent Seaway financial agency that
encourages users, shippers, the business community and
communities adjacent to the Seaway to participate in the
long term investments required by the Seaway to become more
competitive;''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 67, -- That Bill C-44,
in Clause 67, be amended by replacing lines 31 and 32 on
page 41 with the following:
``(b.1) equitably and fairly protect the rights and interests
of citizens in communities adjacent to the Seaway or
directly affected by the Seaway;''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 68, -- That Bill C-44,
in Clause 67, be amended by replacing lines 12 to 16 on page
42 with the following:
``(g) to form a bi-national operating agency to operate the
Canadian U.S. Seaway on terms agreeable to both countries.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 69, -- That Bill C-44
be amended by adding after line 16, on page 42, the
following:
``67.1 For the purpose of paragraph 67(f), ``user'' has
the meaning as in section 4.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 70, -- That Bill C-44,
in Clause 69, be amended by replacing line 10 on page 43
with the following:
``69. (1) The Governor in Council may direct the Author-''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 71, -- That Bill C-44,
in Clause 69, be amended by replacing, in the English
version, line 12 on page 43 with the following:
``specify by the Governor in Council, all or part of its''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 72, -- That Bill C-44,
in Clause 69, be amended by replacing line 19 on page 43
with the following:
``transferred to the Governor in Council under subsection''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 73, -- That Bill C-44,
in Clause 69, be amended by replacing, in the English
version, line 20 on page 43 with the following:
``(1), the Governor in Council may transfer it to any other''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 74, -- That Bill C-44,
in Clause 69, be amended by replacing line 27 on page 43
with the following:
``body other than the Governor in Council or any''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 75, -- That Bill C-44,
in Clause 69, be amended by replacing line 33 on page 43
with the following:
``(2) The Governor in Council may enter into agreements''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 76, -- That Bill C-44,
in Clause 69, be amended by replacing line 37 on page 43
with the following:
``with but not exclusive to a not-for-profit corporation that
accords''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 77, -- That Bill C-44,
in Clause 69, be amended by replacing line 38 on page 43
with the following:
``a major role to Seaway users, as defined in section 4, in
particular in''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 78, -- That Bill C-44,
in Clause 69, be amended by replacing, in the English
version, line 2 on page 44 with the following:
``the Governor in Council considers it appropriate, with any''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 79, -- That Bill C-44,
in Clause 69, be amended by replacing line 6 on page 44 with
the following:
``and conditions that the Governor in Council considers''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
80, -- That Bill C-44, in Clause 69, be amended by
(a) replacing line 9 on page 44 with the following:
``or undertakings referred to in subsection (1) or (1.1);''
(b) replacing line 12 on page 44 with the following:
``undertakings referred to in subsection (1) or (1.1);''
(c) replacing line 19 on page 44 with the following:
(d) adding after line 22 on page 44 the following:
``(h) the imposition of additional obligations of financial
management; and
(i) where the agreement is with a body referred to in
subsection (2), the application of any of the provisions of
this Part relating to an agreement with a not-for-profit
corporation or other person referred to in that subsection.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 81, -- That Bill C-44,
in Clause 69, be amended by replacing line 35 on page 44
with the following:
``(4) The Governor in Council may take any measures''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 83, -- That Bill C-44,
in Clause 69, be amended by replacing line 1 on page 45 with
the following:
``(5) The Governor in Council may''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 84, -- That Bill C-44
be amended by deleting Clause 70.
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 85, -- That Bill C-44,
in Clause 71, be amended by replacing line 20 on page 45
with the following:
``provides and the Governor in Council has published a''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 86, -- That Bill C-44,
in Clause 72, be amended by replacing line 1 on page 46 with
the following:
``72. (1) A corporation referred''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 87, -- That Bill C-44,
in Clause 72, be amended by replacing, in the English
version, line 8 on page 46 with the following:
``(2) The corporation shall, at ''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 88, -- That Bill C-44,
in Clause 72, be amended by replacing, in the English
version, line 17 on page 46 with the following:
``(3) The corporation shall''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 89, -- That Bill C-44,
in Clause 73, be amended by replacing line 28 on page 46
with the following:
``73. (1) A corporation referred''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 90, -- That Bill C-44,
in Clause 74, be amended by replacing line 15 on page 47
with the following:
``74. (1) A corporation referred''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 91, -- That Bill C-44,
in Clause 76, be amended by replacing line 1 on page 48 with
the following:
``76. (1) A corporation referred''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 92, -- That Bill C-44,
in Clause 77, be amended by replacing, in the English
version, line 1 on page 49 with the following:
``(3) A corporation referred to''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 93, -- That Bill C-44,
in Clause 79, be amended by replacing line 21 on page 49
with the following:
``Property Act, the Governor in Council has the administra-''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
94, -- That Bill C-44, in Clause 79, be amended by replacing
lines 21 to 23 on page 49 with the following:
"Property Act, the Minister or other member of the Queen's
Privy Council for Canada to whom federal real property is
transferred under subsection 69(1) or (1.1) has the
administration of the property."
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 95, -- That Bill C-44
be amended by deleting Clause 82.
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 96, -- That Bill C-44,
in Clause 85, be amended by replacing line 12 on page 52
with the following:
``tration of the Governor in Council.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
102, -- That Bill C-44 be amended by adding after line 39 on
page 71 the following:
"127.1 The Governor in Council may, by regulation,
provide that any provision of the St. Lawrence Seaway
Authority Act and the regulations made under that Act,
including provisions imposing punishment, apply to The
Jacques-Cartier and Champlain Bridges Inc., with any
modifications that the Governor in Council considers
appropriate.
127.2 The Governor in Council may, by regulation,
provide that any provision of the St. Lawrence Seaway
Authority Act and the regulations made under that Act,
including provisions imposing punishment, apply to The
Seaway International Bridge Corporation, Ltd., with any
modifications that the Governor in Council considers
appropriate."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
115, -- That Bill C-44 be amended by adding after line 30 on
page 84 the following:
``159.2 Schedule III to the Act is amended by adding the
following in alphabetical order:
The Jacques-Cartier and Champlain Bridges Inc.
Les Ponts Jacques-Cartier et Champlain Inc.
159.3 Schedule III to the Act is amended by adding the
following in alphabetical order:
The Seaway International Bridge Corporation, Ltd.
La Corporation du Pont international de la voie maritime,
Ltée''
The question was put on Motion No. 2 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 65 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 84, was deferred.
The question was put on Motion No. 66 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 67 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 69 and 77, was deferred.
The question was put on Motion No. 68 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 70 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 71 to 75, 78, 79, 81, 83, 85, 93,
and 96, was deferred.
The question was put on Motion No. 76 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 86 to 92, was deferred.
The question was put on Motion No. 80 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 95 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 102 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 115, was deferred.
Group No. 3
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved Motion No.
3, -- That Bill C-44 be amended by adding after line 4 on page
3 the following:
``2.1 For greater certainty, nothing in this Act shall
be construed so as to abrogate or derogate from the
application of section 35 of the Constitution Act, 1982 to
existing aboriginal or treaty rights of the aboriginal
peoples of Canada."
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 4, -- That Bill C-44,
in Clause 3, be amended by replacing line 8 on page 3 with
the following:
``that provides equal treatment for all ports and harbours
within Canada that meet the criteria set out in subsection
6(1) and that provides Canada with the marine''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved Motion No. 5, -- That
Bill C-44, in Clause 3, be amended by replacing line 9 on
page 3 with the following:
``infrastructure that it needs and that offers effective support for the
achievement of local, regional and national social and economic objectives and
will''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 6, -- That Bill C-44,
in Clause 3, be amended by replacing lines 19 and 20 on
page 3 with the following:
``vices are organized to satisfy the needs of users and the
needs of the community in which a port or harbour is located
and are available at reasonable cost''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 7, -- That Bill C-44,
in Clause 3, be amended by replacing line 32 on page 3 with
the following:
``from users and the community in which a port or harbour is
located;''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 9, -- That Bill C-44
be amended by adding after line 37, on page 3, the
following:
``3.1 For the purpose of paragraph 3(g), ``disposition''
means the offering of a port or harbour, first, to the
province in which the port or harbour is located, second, to
the municipality in which the port or harbour is located
and, third, to any other bona fide purchaser who meets the
criteria set out by the Minister.''
The question was put on Motion No. 3 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 4 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 5 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 6 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 7 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 9 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 4
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 8, -- That Bill C-44,
in Clause 3, be amended by replacing lines 34 and 35 on page
3 with the following:
``or otherwise, of certain ports and harbours and port and
harbour facilities; and''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 10, -- That Bill C-44,
in Clause 4, be amended by replacing line 6 to 8, on page 4
with the following:
````port'' or ``harbour'' means the navigable waters under the
jurisdiction of a port or harbour authority and the real
property that the port or harbour authority manages,''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 11, -- That Bill C-44,
in Clause 4, be amended by replacing line 11 on page 4 with
the following:
````user'', in respect of a port or harbour means a person''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 12, -- That Bill C-44,
in Clause 5, be amended by replacing line 14 to 16, on page
4 with the following:
``5. (1) This part applies to every port or harbour
authority set out in the schedule and to every port or
harbour authority for which letters patent of''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 13, -- That Bill C-44,
in Clause 5, be amended by replacing line 21 to 23, on page
4 with the following:
``schedule by adding to it the names of port or harbour
authorities to which letters patent are issued or by
removing from it the names of port or harbour''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 14, -- That Bill C-44,
in Clause 5.1, be amended by replacing line 25 on page 4
with the following:
``5.1 (1) A port or harbour authority is an agent of
Her''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), 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."
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 16, -- That Bill C-44,
in Clause 5.1, be amended by replacing line 28 on page 4
with the following:
``(2) A wholly-owned subsidiary of a port or harbour''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 17, -- That Bill C-44,
in Clause 6, be amended by replacing line 3 to 5, on page 5
with the following:
``stated in them for a port or harbour authority without
share capital for the purpose of operating a particular port
or harbour in Canada if the minister is''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 26, -- That Bill C-44
be amended by adding after line 23, on page 6, the
following:
``7.1 Notwithstanding any other provision of this Act
and subject to subsection (2), a harbour commission
established pursuant to the Harbour Commissions Act, The
Hamilton Harbour Commissioners' Act or The Toronto Harbour
Commissioners' Act, 1911 may continue to be governed by the
statute pursuant to which it was established if
(a) it submits an application in writing to the Minister to
that effect; and
(b) the Minister is satisfied that the port operated by the
harbour commission meets the conditions set out in
subsection 6(1).
(2) For greater certainty, a harbour commission that
continues, under subsection (1), to be governed by the
statute under which it was established may, at any time,
apply for a continuance under subsection 8(1).''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 27, -- That Bill C-44,
in Clause 8, be amended by replacing line 24 on page 6 with
the following:
``8. (1) If the Minister receives a request in writing
from a harbour commission and is satisfied that the''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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"
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 29, -- That Bill C-44,
in Clause 8, be amended by replacing line 6 on page 7 with
the following:
``1911, as the case may be, ceases to apply only if the
harbour commissions, as referred to, make application to the
Minister to change their status from a harbour commission to
a port authority.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 32, -- That Bill C-44,
in Clause 12, be amended by replacing line 33 on page 11
with the following:
``Minister in consultation with users, as defined in section
4, selected''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 118, -- That Bill C-44
be amended by deleting Clause 169.
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 119, -- That Bill C-44
be amended by deleting Clause 170.
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 120, -- That Bill C-44
be amended by deleting Clause 171.
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved Motion No. 121, -- That
Bill C-44 be amended by deleting Clause 172.
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved Motion No. 122, -- That Bill C-44
be amended by deleting Clause 175.
The question was put on Motion No. 8 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 10, 12 to 14, 16 and 17, was
deferred.
The question was put on Motion No. 11 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 32, was deferred.
The question was put on Motion No. 26 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 27, 29 and 118 to 122, was deferred.
Group No. 5
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), 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''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved 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.''
Mr. Bryden (Hamilton -- Wentworth), seconded by Mr. McKinnon
(Brandon -- Souris), 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''
Mr. Robinson (Burnaby -- Kingsway), seconded by Mr. Althouse
(Mackenzie), 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,''
Mr. Robinson (Burnaby -- Kingsway), seconded by Mr. Althouse
(Mackenzie), moved 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,''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), 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''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), 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:
(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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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,"
Mr. Bryden (Hamilton -- Wentworth), seconded by Mr. McKinnon
(Brandon -- Souris), moved 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,''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), 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.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved 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.''
Mr. Robinson (Burnaby -- Kingsway), seconded by Mr. Althouse
(Mackenzie), moved Motion No. 35, -- That Bill C-44, in Clause
14, be amended by deleting lines 27 to 29 on page 12.
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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;''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved 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;''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved 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.''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved Motion No. 44, -- That
Bill C-44, in Clause 24, be amended by deleting lines 9 to
18 on page 16.
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved 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.''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved 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.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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)."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor"
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor''
Mr. Mills (Broadview -- Greenwood), seconded by Mr. Crawford
(Kent), moved Motion No. 126, -- That Bill C-44, in the
Schedule, be amended by adding in alphabetical order the
following:
Administration portuaire de Toronto''
Mr. Crête (Kamouraska -- Rivière-du-Loup), seconded by Mrs.
Tremblay (Rimouski -- Témiscouata), moved 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''
The question was put on Motion No. 18 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 19 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 20 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 31, was deferred.
The question was put on Motion No. 23 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 24 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 25 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 33 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 35 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 36 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 38 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 39 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 40 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 41, was deferred.
The question was put on Motion No. 42 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 44 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 45 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 46 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 47 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 48 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 49 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 58 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 112 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 114, 117 and 125, was deferred.
Group No. 6
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), 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."
Mr. Byrne (Humber -- St. Barbe -- Baie Verte), seconded by Mr.
Mills (Broadview -- Greenwood), 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:
(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.''
Mr. Byrne (Humber -- St. Barbe -- Baie Verte), seconded by Mr.
Mills (Broadview -- Greenwood), moved 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 ''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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.''
Mrs. Wayne (Saint John), seconded by Mr. Charest
(Sherbrooke), 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).''
Mr. Hanger (Calgary Northeast), seconded by Mr. Duncan
(North Island -- Powell River), 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.''
Mr. Hanger (Calgary Northeast), seconded by Mr. Duncan
(North Island -- Powell River), moved 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.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), 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.''
Mr. Gouk (Kootenay West -- Revelstoke), seconded by Mr. Duncan
(North Island -- Powell River), 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.''
Mr. Gouk (Kootenay West -- Revelstoke), seconded by Mr. Duncan
(North Island -- Powell River), moved 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.''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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.''
Mr. Comuzzi (Thunder Bay -- Nipigon), seconded by Mr. Mills
(Broadview -- Greenwood), moved 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;''
Mr. Gouk (Kootenay West -- Revelstoke), seconded by Mr. Duncan
(North Island -- Powell River), moved 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;''
Mr. Gouk (Kootenay West -- Revelstoke), seconded by Mr. Duncan
(North Island -- Powell River), moved 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-''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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"
The question was put on Motion No. 59 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 61 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 62 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 64 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 97 and 98, was deferred.
The question was put on Motion No. 99 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 100 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 101, was deferred.
The question was put on Motion No. 104 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 108, was deferred.
The question was put on Motion No. 107 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 110 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 11 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 116, was deferred.
Group No. 7
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), 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."
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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''
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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."
The question was put on Motion No. 103 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 123 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 124 and, pursuant to Standing Order
76(8), the recorded division was deferred.
By unanimous consent, it was ordered, -- That Motions
Nos 112, 114, 117 and 125 be amended to include the words
``Toronto Port Authority'', and that Motion No. 126 be
withdrawn.
Accordingly, Motion No. 126 was withdrawn.
Accordingly, Motion No. 112 was amended to read as
follows:
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor''
Accordingly, Motion No. 114 was amended to read as
follows:
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor''
Accordingly, Motion No. 117 was amended to read as
follows:
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor"
Accordingly, Motion No. 125 was amended to read as
follows:
Mr. Anderson (Minister of Transport), seconded by Mr.
Mifflin (Minister of Fisheries and Oceans), moved 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
Administration portuaire de Halifax
Administration portuaire de Montréal
Administration portuaire de Nanaïmo
Port Alberni Port Authority
Administration portuaire de Port-Alberni
Prince Rupert Port Authority
Administration portuaire de Prince-Rupert
Administration portuaire de Québec
Administration portuaire du Saguenay
Saint John Port Authority
Administration portuaire de Saint-Jean
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
Administration portuaire de Toronto
Trois Rivières Port Authority
Administration portuaire de Trois-Rivières
Administration portuaire de Vancouver
Administration portuaire de Windsor''
Group No. 8
By unanimous consent, Mr. Kilger (Stormont -- Dundas),
seconded by Mr. Keyes (Parliamentary Secretary to the
Minister of Transport), moved new Motion No. 128, -- That
Bill C-44 be amended by adding after line 33 on page 52 the
following:
``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, Maintenance
Services and Tolls and Statistics offered in respect of the
operations of the St. Lawrence Seaway shall be located in
Cornwall, Ontario.''
The question was put on new Motion No. 128 and, pursuant to Standing
Order 76(8), the recorded division was deferred.
Pursuant to Standing Order 76(8), the House proceeded to the taking of
the deferred recorded divisions at report stage and second reading of Bill C-
44, An Act for making the system of Canadian ports competitive, efficient and
commercially oriented, providing for the establishing of port authorities and
the divesting of certain harbours and ports, for the commercialization of the
St. Lawrence Seaway and ferry services and other matters related to maritime
trade and transport and amending the Pilotage Act and amending and repealing
other Acts as a consequence, as reported by the Standing Committee on
Transport with amendments.
Pursuant to Order made earlier today, the recorded
divisions were further deferred until Tuesday, April 15,
1997, at the expiry of the time provided for Government Orders.
RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 32(1), papers deposited with
the Clerk of the House were laid upon the Table as follows:
-- by Mr. Gagliano (Minister of Labour) -- Report of the Canada Labour Relations
Board for the fiscal year ended March 31, 1996, pursuant to the Canada
Labour Code, R.S. 1985, c. L-2, sbs. 121(1). -- Sessional Paper No.
8560-352-111A. (Pursuant to Standing Order 32(5), permanently referred to the Standing
Committee on Human Resources Development)
-- by Mr. Irwin (Minister of Indian Affairs and Northern
Development) -- Statutes of the Northwest Territories for the
year 1996, pursuant to the Northwest Territories Act, R. S.
1985, c. N-27, sbs. 21(1). -- Sessional Paper No. 8560-352-388E.
(Pursuant to Standing Order 32(5), permanently
referred to the Standing Committee on Aboriginal Affairs and
Northern Development)
-- by Mr. Irwin (Minister of Indian Affairs and Northern
Development) -- Statutes of the Yukon for the year 1996,
pursuant to the Yukon Act, R. S. 1985, c. Y-2, sbs. 22(1). -- Sessional
Paper No. 8560-352-387B. (Pursuant to Standing
Order 32(5), permanently referred to the Standing Committee
on Aboriginal Affairs and Northern Development)
PETITIONS FILED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 36, petitions certified
correct by the Clerk of Petitions were filed as follows:
-- by Mr. Riis (Kamloops), one concerning the Canada Post Corporation (No.
352-2079);
-- by Mr. Pickard (Essex -- Kent), one concerning the highway system (No.
352-2080) and one concerning the tax on gasoline (No. 352-2081).
ADJOURNMENT
At 7:23 p.m., the Acting Speaker
adjourned the House until tomorrow at 10:00 a.m.,
pursuant to Standing Order 24(1).