Issue 43

MINUTES OF PROCEEDINGS

TUESDAY, OCTOBER 24, 1995
(Meeting No. 70)

[Text]

The Standing Committee on Transport met at 9:34 o'clock a.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Fontana, Jim Gouk, Charles Hubbard and Stan Keyes.

Acting Members present: Georgette Sheridan for Raymond Lavigne; Bernie Collins for Anna Terrana.

Associate Members present: Vic Althouse, Leon E. Benoit, Marlene Cowling, Jake E. Hoeppner, Ovid L. Jackson and Elsie Wayne.

Other Member present: Elwin Hermanson.

In attendance: From the Research Branch of the Library of Parliament: David Cuthbertson, Research Officer.

Witnesses: From the Canadian Inland Terminal Association: Dwayne Anderson, President, North East Terminal Ltd.; Roy Levee, Chief Executive Officer, Weyburn Inland Terminal Ltd. From the Canadian Fertilizer Institute: Roger Larson, Managing Director; Dave DeBiasio, General Manager, Supply & Distribution, Agrium Inc. (Chairman, CFI Transportation Economics Sub-Committee); Mike Chorlton, President & Chief Executive Officer, Saskferco Products Limited, (Chairman, CFI Transportation Committee); Ron Kryviak, Manager of Transportation, Sherritt Inc.; Walter Rozum, Manager of Transportation, Nutrite Inc.; Bud Foley, Vice-President, Planning and Distribution, Potash Company of Canada Ltd. From the Canadian Oilseed Processors Association: Robert Broeska, President; Murray Davis, Vice-President of Canamara Foods; Brendon Turner, Manager of Transportation, Canamara Foods. From the Western Canadian Wheat Growers Association: Larry Maguire, President. From the Canadian Pulp and Paper Association: W.H. (Bill) McNally, President and Chief Executive Officer, QUNO Corporation; E. Russell Lewis, Director - Transportation, Stone-Consolidated Corporation; David W. Church, Director, Transportation, Recycling and Purchasing; James E. Foran, Aikins, MacAulay and Thorvaldson; Melvert S. Nunweiler, General Distribution Manager, Canfor Pulp and Paper Marketing. From the United Grain Growers: T.M. Allen, President and Chairman of the Board.

The Committee resumed consideration of Bill C-101, An Act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts. (See Minutes of Proceedings dated Wednesday, October 4, 1995, Issue No. 42)

Dwayne Anderson made an opening statement and with Roy Levee answered questions.

Roger Larson, Mike Chorlton and Dave DeBiasio made opening statements and with Bud Foley answered questions.

Robert Broeska made an opening statement and with Murray Davis answerd questions.

Larry Maguire made an opening statement and answered questions.

W.H. McNally made an opening statement and with E. Russell Lewis, James E. Foran and David W. Church answered questions.

At 11:50 o'clock a.m., Charles Hubbard assumed the Chair.

T.M. Allen made an opening statement and answered questions.

At 1:00 o'clock p.m., the Committee adjourned to the call of the Chair.

Luc Fortin

Committee Clerk

TUESDAY, OCTOBER 24, 1995
(Meeting No. 71)

The Standing Committee on Transport met at 3:32 o'clock p.m. this day, in Room 371, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Joe Fontana, Michel Guimond, Charles Hubbard, and Stan Keyes.

Acting Members present: Dale Johnston for Jim Gouk; Bob Nault for Jim Jordan; Georgette Sheridan for Raymond Lavigne and Glen McKinnon for Anna Terrana.

Associate Members present: Jake E. Hoeppner and Elsie Wayne.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From the United Transportation Union: Ron Bennett, Legislative Director. From Repap Enterprises Inc.: John R. Edgar, Vice-President. Transportation; Howard Hart, Director. From the Canadian Chamber of Commerce: Gary Campbell, Chairman of the Board; Sharon Glover, Vice-President, Government Relations. From the Ontario Grains and Oilseeds Group: Brian Doidge, Marketing Analyst; Cecil Bradley, Senior Manager, Ontario Federation of Agriculture; C. Bradley Gus Sonneveld, Director of Research, Ontario Wheat Producers. From James Richardson & Sons Limited--Grain Division: Jim Weir, Vice-President, Corporate Affairs. From Transportation--Communications International Union: Herbert Daniher, Executive Vice-President, Grain Division; Maureen Prebinski, Director, Education.

Ron Bennett made an opening statement and answered questions.

At 3:55 o'clock p.m. Charles Hubbard took the Chair.

John Edgar and Howard Hart made opening statements and answered questions.

Sharon Glover and Garry Campbell made opening statements and answered questions.

Brian Doidge and Cecil Bradley made opening statements and with Gus Sonneveld answered questions.

Jim Weir made an opening statement and answered questions.

Herbert Daniher made an opening statement.

At 6:40 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, OCTOBER 25, 1995
(Meeting No. 72)

The Standing Committee on Transport met at 3:32 o'clock p.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Joe Fontana, Jim Gouk, Michel Guimond, Charles Hubbard, Stan Keyes, Paul Mercier and Anna Terrana.

Acting Members present: Bob Nault for Jim Jordan and Georgette Sheridan for Raymond Lavigne.

Associate Members present: Vic Althouse and Ovid L. Jackson.

Other Members present: Elwin Hermanson and Myron Thompson.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From the Canadian Wheat Board: Lorne Helm, Chief Commissioner; Tami Reynolds, Advisor. From the Canadian Shipowners Association: T. Norman Hall, President; Ed Weinberg, Consultant; Captain Rejean Lanteigne, Manager. From Railtex: Bruce Flohr, President and Chief Executive Officer. From the Western Producer Car Group: Murray Christensen, Vice-Chairman, Alberta; Ralph Bowditch, Vice-Chairman, Saskatchewan; From A.Z.P.A.A. Rural Development Corporation: Peggy Reavie From the Zenon Park Economic Development Committee: Celine Favreau, Economic Development Officer.

Lorne Helm made an opening statement and with Tami Reynolds answered questions.

Norman Hall made an opening statement and with the witnesses answered questions.

At 5:05 o'clock p.m. the sitting was suspended.

At 5:35 o'clock p.m. the sitting resumed.

Bruce Flohr made an opening statement and answered questions.

Murray Christensen and Ralph Bowditch made opening statements and answered questions.

Peggy Reavie and Celine Favreau made opening statements and answered questions.

At 7:10 o'clock p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee

THURSDAY, OCTOBER 26, 1995
(Meeting No. 73)

The Standing Committee on Transport met at 9:35 o'clock a.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Fontana, Charles Hubbard and Stan Keyes.

Acting Members present: Marlene Cowling for Joe Comuzzi; Bob Nault for Jim Jordan; Georgette Sheridan for Raymond Lavigne; Bernie Collins for Anna Terrana and Dale Johnston for David Chatters.

Associate Members present: Vic Althouse, Jake E. Hoeppner and Elsie Wayne.

Other Member present: Réginald Bélair.

In attendance: From the Research Branch of the Library of Parliament: David Cuthbertson, Research Officer.

Witnesses: From New Brunswick Southern Railway Limited: E. Scott Smith, General Manager; Robert Youden, General Manager, Irving Forest Services; Joseph Day, In-house Legal Counsel. From the Central Western Railway Corporation: Thomas Payne, President. From the Chamber of Maritime Commerce: Doug Smith, President; Jim Campbell, General Manager. From the Quebec North Shore & Labrador Railway: Derek Rance, President; Jean Bazin, Counsel; Marc Duclos, Manager. From the Canadian American Railroad Company; Bangor & Aroostook Railroad Company; Windsor & Hantsport Railway Company; and Iron Road Railways: George T.H. Cooper, Queen Counsel. Ontario Northland Transportation Commission: Matt Rukavina, Chairman; G.A. Payne, Director, Corporate Affairs and Planning.

E. Scott Smith, Robert Youden and John Day made opening statements and answered questions.

Thomas Payne made an opening statement and answered questions.

Jim Campbell and Doug Smith made opening statements and answered questions.

Derek Rance made an opening statement and answered questions.

George T.H. Cooper made an opening statement and answered questions.

G.A. Payne and Matt Rukavina made opening statements and answered questions.

At 1:07 o'clock p.m., the Committee adjourned to the call of the Chair.

Luc Fortin

Committee Clerk

TUESDAY, OCTOBER 31, 1995
(Meeting No. 74)

The Standing Committee on Transport met at 3:32 o'clock p.m. this day, in Room 371, West Block, the Chairman, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Jim Gouk, Charles Hubbard, Stan Keyes, Paul Mercier and Anna Terrana.

Acting Members present: Bob Nault for Jim Jordan; Marlene Cowling for Joe Comuzzi and Georgette Sheridan for Raymond Lavigne.

Other Members present: Marlene Cowling, Wayne Easter and Elsie Wayne.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From CP Rail System: Robert J. Ritchie, President and Chief Excutive Officer; Rick A. Sallee, Vice-President, Marketing & Sales; David W. Flicker, Vice-President, Government and Public Affairs.

Robert J. Ritchie made an opening statement and with the other witnesses answered questions.

At 5:14 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, NOVEMBER 1, 1995
(Meeting No. 75)

The Standing Committee on Transport met at 3:32 o'clock p.m. this day, in Room 209, West Block, the Vice-Chair, Joe Comuzzi presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Joe Fontana, Charles Hubbard, Stan Keyes, Raymond Lavigne, Paul Mercier and Anna Terrana.

Acting Members present: Marlene Cowling for Stan Keyes and Bernie Collins for Jim Jordan.

Associate Member present: Vic Althouse.

Other Member present: Len Taylor.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From the Saskatchewan Department of Highways and Transportation: Honourable Andy Renaud, Minister. From the Manitoba Department of Highways and Transportation: Honourable Glen Finlay, Minister. From the Alberta Department of Transportation and Utilities: Honourable Stephen West, Minister. As individual: Bill Blaikie, M.P. From Transport 2000 Canada: Robert Evans, Past President; David Glastonberry, President and J. Bakker, Vice-President. From the Saskatchewan Association of Rural Municipalities: Ron Gleim, Director, Jim Hallick. From Halifax-Dartmouth Port Development: John Gatwick, Chairman; Donald Jeans, Research Analyst.

Honourable Andy Renaud, Honourable Glen Finlay and Honourable Stephen West made opening statements and answered questions.

Bill Blaikie made an opening statement and answered questions.

David Glastonberry and Robert Evans made opening statements and with J. Bakker answered questions.

Ron Gleim and Jim Hallick made opening statements and answered questions.

John Gatwick made an opening statement and answered questions.

At 8:00 o'clock p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee

THURSDAY, NOVEMBER 2, 1995
(Meeting No. 76)

The Standing Committee on Transport met at 9:31 o'clock a.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Fontana, Jim Gouk, Michel Guimond, Charles Hubbard, Stan Keyes and Raymond Lavigne.

Acting Member present: Marlene Cowling for Jim Jordan.

Other Members present: Réginald Bélair and Robert Nault.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From Algoma Central Railway Inc./Wisconsin: Edward A. Burkhardt, President; Susan Norton, Treasurer. From the Federation of Canadian Municipalities: Grant Hopcroft, Chairman, Transportation Committee; Daniel McGregor, Senior Policy Analyst; James W. Knight, Executive Director. From Air Travel Services Distributors: José Leroux, President and Chief Executive Officer, V.I.P. Inter-Transit Inc.; Dan Fiorita, Legal Counsel. From "Conseil québécois sur le transport ferroviaire": Janvier Cliche, President; Réjean Laliberté, Vice-President. From Halifax Port Corporation: David Bellfontaine, President and Chief Executive Officer; Merve Russell, Chairman; Patricia McDermott, Vice-President, Marketing.

Edward A. Burkhardt made an opening statement and with Susan Norton answered questions.

At 10:08 o'clock a.m. the meeting was suspended.

At 10:39 o'clock a.m. the meeting resumed.

James W. Knight and Grant Hopcroft made opening statements and answered questions.

Dan Fiorita made an opening statement and answered questions.

Janvier Cliche and Réjean Laliberté made opening statements and answered questions.

Merve Russell, Patricia McDermott and David Bellfontaine made opening statements and answered questions.

At 1:15 o'clock p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee

Luc Fortin

Committee Clerk

MONDAY, NOVEMBER 6, 1995
(Meeting No. 77)

The Standing Committee on Transport met at 3:31 o'clock p.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Fontana, Jim Gouk, Michel Guimond, Charles Hubbard and Stan Keyes.

Acting Members present: Glen McKinnon for Anna Terrana; Bob Nault for Jim Jordan and Georgette Sheridan for Raymond Lavigne.

Associate Member present: Marlene Cowling.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From the Western Canadian Shippers' Coalition: Robert Renwick, Chairman; Richard Whittington, Vice-President, Sales and Marketing, Luscar Coal; Kevin Doyle, President, Sultran; Tom Culham, Assistant Director, Transportation and Purchasing, Wildwood of Canada; Jim Foran, Counsel. From Sultran: Kevin Doyle, President; Jim Foran, Counsel. From the Council of Forest Industries: Jim Black, Vice-President, Logistics, MPS Sales; Tom Culham, Assistant Director, Transportation and Purchasing, Wildwood of Canada; Robert Renwick, Consultant Logistics. From the Canadian Rails to Greenways Network: Doug Franklin, Heritage Canada Foundation; Anne Robinson, Executive Director. From Nova Scotia Power: Ross Miller, Manager, Structures and Rights of Way; John K. Poirier, Counsel.

Robert Renwick made an opening statement and with the other witnesses answered questions.

Kevin Doyle made an opening statement and with Jim Foran answered questions.

Robert Renwick made an opening statement and with the other witnesses answered questions.

Anne Robinson and Doug Franklin made opening statements and answered questions.

John K. Poirier made an opening statement and with Ross Miller answered questions.

At 6:07 o'clock p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee

TUESDAY, NOVEMBER 7, 1995
(Meeting No. 78)

The Standing Committee on Transport met at 9:36 o'clock a.m. this day, in Room 269, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Comuzzi, Joe Fontana, Jim Gouk, Michel Guimond, Charles Hubbard, Stan Keyes, Raymond Lavigne and Anna Terrana.

Acting Member present: Bob Nault for Jim Jordan.

Associate Member present: Elsie Wayne.

Other Member present: Georgette Sheridan.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From Manalta: Forrest Hume, Counsel; George Chapel, President and Chief Executive Officer; John Morgan, Vice-President and General Manager; David Wilson, Manager, Marketing and Transportation. From Novacor Chemicals Ltd.: Terry Park, Manager, Logistics, Strategy and Development; Dennis McConaghy, Chief Executive Officer. From the Saskatchewan Association of Health Organizations: Russ McPherson, Board Chair; Arlis Wright, Chief Executive Officer. From the Great West Rural Development: William J. Matlock, Chairman. From the Atlantic Provinces Transportation Commission: Ramsay Armitage, General Manager. From the Union of Ontario Indians: Vernon Roote, Deputy Grand Chief; Ray Rogers, Elder.

George Chapel made an opening statement and with Forrest Hume answered questions.

Terry Park and Dennis McConaghy made opening statements and answered questions.

Russ McPherson made an opening statement and answered questions.

William J. Matlock made an opening statement and answered questions.

Ramsay Armitage made an opening statement and answered questions.

Vernon Roote made an opening statement and with Ray Rogers answered questions.

At 12:23 o'clock p.m., the Committee adjourned to the call of the Chair.

Luc Fortin

Committee Clerk

TUESDAY, NOVEMBER 7, 1995
(Meeting No. 79)

The Standing Committee on Transport met at 3:34 o'clock p.m. this day, in Room 269, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Comuzzi, Joe Fontana, Jim Gouk, Michel Guimond, Charles Hubbard, Stan Keyes and Paul Mercier.

Acting Member present: Bob Nault for Jim Jordan.

Associate Member present: Elsie Wayne.

Other Member present: Georgette Sheridan.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From Lande & Roussel: Richard Lande, Transportation Consultant. From the Canadian Gas Association: John Klenavic, Vice-President, Policy; Robert Waldon, Supervisor, Lands Administration, Union Gas Ltd. From the Grain Services Union: Hugh J. Wagner, General Secretary. From Transport 2000 Québec: Luc Côté, Chairman of the Board; Normand Parisien, Coordinating Director. From the National Transportation Agency of Canada: Ron Ashley, Counsel.

Richard Lande made an opening statement and answered questions.

Robert Waldon made an opening statement and with John Klenavic answered questions.

Hugh J. Wagner made an opening statement and answered questions.

Normand Parisien made an opening statement and answered questions.

Ron Ashley made an opening statement and answered questions.

At 7:00 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, NOVEMBER 8, 1995
(Meeting No. 80)

The Standing Committee on Transport met at 3:31 o'clock p.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Fontana, Jim Gouk, Charles Hubbard, Stan Keyes, Paul Mercier and Anna Terrana.

Associate Member present: Marlene Cowling.

Other Member present: Bob Nault.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From the Canadian Auto Workers: Dennis Cross, President, Local 101, CP Rail; Bob Hanlan, National Representative; Kevin Collins, National Representative; Bob Chernecki, Assistant to the President. From Wabush Mines: Damien Lebel, Acting General Manager; J.F. Howard, Counsel. From Cargill Limited: Barbara Isman, Assistant Vice-President, Corporate Affairs; Tom Cascica, Senior Manager, Land Transportation.

Bob Chernecki made an opening statement and with Dennis Cross answered questions.

Damien Lebel made an opening statement and with J.F. Howard answered questions.

Barbara Isman and Tom Cascica made opening statements and answered questions.

At 5:00 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, NOVEMBER 9, 1995
(Meeting No. 81)

The Standing Committee on Transport met at 9:33 o'clock a.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Charles Hubbard, Stan Keyes, Paul Mercier and Anna Terrana.

Acting Member present: Bob Nault for Jim Jordan.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From the B.C. Federation of Agriculture: Jake Janzen, President; Judy Thompson, Vice-President. From the Canadian Cable Television Association: Ian Scott, Vice-President, Telecommunications; Peter Neilson, Director of Government and Industry Communications, Shaw Communications. From KPGM Peat Marwick: Frank Collins, Partner.

Jake Janzen made an opening statement and with Judy Thompson answered questions.

Ian Scott and Peter Neilson made opening statements and answered questions.

Frank Collins made an opening statement and answered questions.

It was agreed,--That this Committee submit a supplementary budget of $18,000 to cover witnesses expenses of representatives who have asked that they be reimbursed reasonable travelling expenses on Bill C-101.

At 11:15 o'clock a.m., the Committee adjourned to the call of the Chair.

TUESDAY, NOVEMBER 21, 1995
(Meeting No. 82)

The Standing Committee on Transport met at 3:34 o'clock p.m. this day, in Room 371, West Block, the Chairman, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Joe Fontana, Charles Hubbard, Stan Keyes, Paul Mercier and Anna Terrana.

Acting Members present: Georgette Sheridan for Raymond Lavigne and Leon E. Benoit for Jim Gouk.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers.

Witnesses: From Transport Canada: Moya Greene, Assistant Deputy Minister Policy & Coordination; Jean Patenaude, Special Advisor; Kristine Burr, Director General, Surface Policy and Program.

Moya Greene made an opening statement and answered questions.

At 4:45 o'clock p.m., the Committee adjourned to the call of the Chair.

WEDNESDAY, NOVEMBER 22, 1995
(Meeting No. 83)

The Standing Committee on Transport met at 3:35 o'clock p.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: David Chatters, Joe Comuzzi, Joe Fontana, Jim Gouk, Charles Hubbard, Stan Keyes, Raymond Lavigne, Paul Mercier and Anna Terrana.

Acting Members present: Bob Nault for Jim Jordan, Philippe Paré for Michel Guimond.

Associate Member present: Marlene Cowling.

In attendance: From the Research Branch of the Library of Parliament: John Christopher and David Cuthbertson, Research Officers. From the Legislative Counsel Office: Charles Bellemare, Procedural Clerk.

Witnesses: From Transport Canada: Moya Greene, Assistant Deputy Minister, Policy and Coordination; Jean Patenaude, Special Advisor.

The Chair called for Clause-by-Clause.

Clause 1 was allowed to stand pursuant to Standing Order 75(1).

Clause 2 carried.

Clause 3 carried.

On Clause 4

Joe Fontana, moved,--That Clause 4 be amended in the French version by striking out lines 16 to 18, at page 1, and substituting the following therefor:

''(2) La présente loi et les actes accomplis sous son régime ne portent pas atteinte à la Loi sur la concurrence.''

The question being put on the amendment, it was agreed to.

The question being put on Clause 4, as amended, it was carried.

On Clause 5

Joe Fontana moved,--That Clause 5 be amended by striking out line 16, at page 2, and substituting the following therefor:

``icy, to the advantages of harmonized federal and provincial regulatory approaches and to legal and constitutional''

After debate thereon, the question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 5 be amended in the French version by striking out line 23, at page 2, and substituting the following therefor:

``soient, chaque fois que la chose est possible, les princi-''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 5 be amended by

(a) striking out line 3, at page 3, and substituting the following therefor:

``provide as an imposed public duty,''

(b) by striking out line 24, at page 3, and substituting the following therefor:

``commodities through Canadian ports, and

(h) each mode of transportation is economically viable,''

The question being put on the amendment, it was agreed to.

Clause 5, as amended, carried.

On Clause 6

Jim Gouk, moved,--That Clause 6 be amended in the English version by striking out line 8, at page 4, and substituting the following therefor:

``designated for movement on its wheels on the''

The question being put on the amendment, it was agreed to.

Clause 6 as amended carried.

On Clause 7

Joe Fontana moved,--That Clause 7 be amended by striking out line 5 at page 5 and substituting the following:

``(a) not more than five members appointed''

By unanimous consent, the amendment of Joe Fontana was withdrawn.

Paul Mercier moved,--That Clause 7 be amended by replacing line 5, at page 5, with the following:

``(a) not more than four members appointed''

After debate the question being put on the amendment it was negatived.

Paul Mercier moved,--That Clause 7 be amended by replacing lines 13 to 18, at page 5, with the following:

``(3) Every year, the Agency shall elect one of its members to serve as Chairperson and another member to serve as Vice-Chairperson.''

After debate thereon, the question being put on the amendment, it was negatived.

After further debate, the question being put on Clause 7, it was carried on division.

Clause 8 carried.

On Clause 9

Joe Fontana moved,--That Clause 9 be amended by striking out lines 5 and 6, at page 6, and substituting the following therefor:

``purpose of subsection (1).''

After debate, the question being put on the amendment, it was agreed to.

The question being put on Clause 9, as amended, it was carried.

On Clause 10

Paul Mercier moved,--That Clause 10 be amended by replacing lines 19 to 40, at page 6, with the following:

``10. Each member of the Agency is subject to the same rules respecting conflicts of interest that apply to ministers of the Crown.''

By unanimous consent, the amendment of Paul Mercier was withdrawn.

After further debate, the question being put on Clause 10, it was carried.

By unanimous consent, Clauses 11 to 25 inclusive carried.

On New Clause 25.1

Joe Fontana moved,--That new Clause 25.1 be added immediately after line 11 at page 10.

``25.1 (1) Subject to subsections (2) to (4), the Agency has all the powers that the Federal Court has to award costs in any proceeding before it.

(2) Costs may be fixed in any case at a sum certain or may be taxed.

(3) The Agency may direct by whom and to whom costs are to be paid and by whom they are to be taxed and allowed.

(4) The Agency may make rules specifying a scale under which costs are to be taxed.''

After debate, the question being put on the amendment, it was agreed to

New Clause 25.1 carried.

On Clause 26

Jim Gouk moved,--That Clause 26 be amended by adding after line 11, at page 10, the following new Clause:

``26. At any proceeding of the Agency for the purpose of making any order or giving any direction, leave, sanction or approval in respect of any matter under the jurisdiction of the Agency, the Agency may, notwithstanding any provision of the Railway Act, the National Energy Board Act or this Act, permit the representative or agent of any provincial or municipal government or any association or other body representing the interests of shippers, carriers or passengers in Canada to appear and be heard before the Agency subject to any rules made by the Agency under section 17.''

After debate, the question being put on the amendment, it was negatived.

The question being put on Clause 26, it was carried.

On Clause 27

Joe Fontana moved,--That Clause 27 be amended by striking out lines 26 to 33, at page 10, and substituting the following therefor:

``the relief sought, in whole or in part, but in making its decision the Agency must be satisfied, after considering the circumstances of the particular case, that the applicant would suffer substantial commercial harm if the relief were not granted.

(3) The circumstances to be considered by the Agency in making its decision under subsection (2) must include, but are not limited to, the following:

(a) the market or market conditions relating to the goods involved;

(b) the location and volume of traffic of the goods;

(d) the type of traffic or service involved;

(e) the availability to the applicant of alternative means of transporting the goods; and

(f) any other matters that appear to the Agency to be relevant.

(4) The Agency may, on terms or otherwise, make or allow any amendments in any proceedings before it.

(5) This section does not apply in respect of final offer arbitration under Part IV.''

After debate, the question being put on the amendment, it was agreed to.

Jim Gouk moved,--That Clause 27 be amended

(a) by adding after line 30, at page 10, the following:

``(3) The restriction under subsection (2) shall not apply in a case where there is recourse to arbitration.''

(b) by adding after line 30, at page 10, the following:

``(3) before making a decision under subsection (2), the Agency shall hear any shipper who wishes to make representations.''

``(3) Notwithstanding any provision in this or any other Act, subsection (2) does not apply to captive shippers.

(4) In this Act, ``captive shipper'' means a shipper that has commercially viable access to only transport operator for the carriage of its products, whether this carriage be by railway, truck, ship or any other mode of transportation.''

By unanimous consent, the amendment of Jim Gouk was withdrawn.

After further debate, the question being put on Clause 27, as amended, it was carried on division.

On Clause 28

Jim Gouk moved,--That Clause 28 be amended by adding after line 5, at page 11, the following:

``(3) The Agency may, if the special circumstances of any case so require, make an interim ex parte order authorizing, requiring o forbidding anything to be done that the Agency would be empowered on application, notice and hearing, to authorize, require or forbid, but no such interim order shall be made for any longer time than the Agency may deem necessary to enable the matter to be heard and determined.''

After debate, the question being put on the amendment, it was negatived.

The question being put on Clause 28, it was carried.

On Clause 29

Joe Fontana moved,--That Clause 29 be amended

(a) by striking out lines 7 to 9, at page 11, and substituting the following therefor:

``in any proceedings before it as expeditiously as possible, but no later than one hundred and twenty days after the originating documents are received, unless''

(b) by striking out line 17, at page 11, and substituting the following therefor:

``such classes of proceedings as''

After debate the question being put on the amendment, it was agreed to.

Paul Mercier moved,--That Clause 29 be amended by adding after line 18, at page 11, the following:

(3) Notwithstanding subsection (2), the House of Commons may, at the request of the committee of Parliament that normally considers matters relating to transportation, pass a resolution prescribing periods of less than one hundred and twenty days within which the Agency shall make its decision in respect of such classes of complaints or applications as are specified in the resolution.''

After debate, the quesion being put on the amendment, it was negatived.

Clause 29, as amended, carried.

By unanimous consent, Clauses 30 to 33 inclusive carried.

Clause 34 was negatived.

Clause 35 carried.

Clause 36 carried.

On Clause 37

Paul Mercier moved,--That Clause 37 be amended by replacing line 45, at page 12, with the following:

``approval of the Governor in Council and the committee of Parliament that normally considers matters relating to transportation.''

After debate, the question being put on the amendment, it was negatived.

The question being put on Clause 37, it was carried.

Clause 38 carried.

Clause 39 carried.

Clause 40 carried.

On Clause 41

Paul Mercier moved,--That Clause 41 be amended by replacing lines 30 to 41, at page 13, with the following:

``41. The Governor in Council or, after a report has been laid before the House of Commons, the committee of Parliament that normally considers matters relating to transportation may, at any time, at the discretion of the Governor in Council or the committee, either on petition of a party or an interested person or of the Governor in Council's or the committee's own motion, vary or rescind any decision, order, rule or regulation of the Agency, whether the decision or order is made inter partes or otherwise, and whether the rule or regulation is general or limited in its scope and application, and any order that the Governor in Council or the committee may make to do so is binding on the Agency and on all parties.''

After debate, the question being put on the amendment, it was negatived.

The question being put on Clause 41, it was carried.

Clause 42 carried.

Clause 43 carried.

On Clause 44

Paul Mercier moved,--That Clause 44 be amended by replacing line 3, at page 15, with the following:

``in Council's own motion, after consultation with the committee of parliament that normally considers matters relating to transportation, issue policy direc-''

After debate, the question being put on the amendment, it was negatived.

The question being put on Clause 44, it was carried.

By unanimous consent, Clauses 45 to 47 inclusive, carried.

On Clause 48

Jim Gouk moved,--That Clause 48 be amended by replacing line 40, on page 15, with the following:

``48. (1) When Parliament is not sitting and where the Governor in Council is''

After debate, the question being put on the amended, it was negatived.

Jim Gouk moved,--That Clause 48 be amended by deleting line 45, on page 15.

After debate, the question being put on the amendment, it was negatived.

Jim Gouk moved,--That Clause 48 be amended by replacing lines 25 to 28, at page 16, with the following:

``(4) The Minister shall cause any order made under this section to be laid before both Houses of Parliament within two sitting days after the order is made.''

It was agreed,--That the amendment be further amended by changing the words ``two sitting days'' to ``seven sitting days''.

The question being put on the amendment, it was agreed to.

Paul Mercier moved,--That Clause 48 be amended by replacing lines 26 and 27, at page 16, with the following:

``under this section laid before the House of Commons as soon as possible after it is''

After debate, the question being put on the amendment, it was negatived.

Jim Gouk moved,--That Clause 48 be amended by replacing lines 31 to 34, at page 16, with the following:

``view to the committee of Parliament that normally considers matters relating to transportation.''

Jim Jordan moved,--That the amendment be further amended by replacing the words after view and substituting the following therefor:

``To the standing committee designated by Parliament for the purpose.''

The question being put on the amendment to the amendment, it was agreed to.

The question being put on the amendment, it was agreed to.

Clause 48, as amended, carried.

Clause 49 carried.

Clause 50 carried.

On Clause 51

Paul Mercier moved,--That Clause 51 be amended by replacing lines 23 and 24, at page 17, with the following.

``51. (1) The Minister shall, with the approval of the Governor in Council and the committee of Parliament that normally considers matters relating to transportation, make regula-''

and

That Clause 51 be amended by replacing line 36, at page 17, with the following:

``Under subsection (1) shall include the follow-''

By unanimous consent, the amendments of Paul Mercier were withdrawn.

Jim Gouk moved,--That Clause 51 be amended by replacing line 6, on page 18, with the following:

``tered into under subsection 127(1) or with any information otherwise available from the Agency or Statistics Canada.''

After debate, the question being put on the amendment, it was negatived.

Joe Fontana moved,--That Clause 51 be amended

(a) by striking out line 26, at page 17, and substituting the following therefor:

``or grain handling undertakings to which the legislative authori-''

(b) by striking out lines 30 to 34, at page 17, and substituting the following therefor:

``the purposes of

(a) national transportation policy development;

(b) annual reporting under section 53;

(d) any safety or subsidy program;

(e) any infrastructure requirement; or

(f) the administration of this Act.''

After debate, the question being put on the amendment, it was agreed to.

Clause 51, as amended, carried.

On Clause 52

Joe Fontana moved,--That Clause 52 be amended by striking out line 35, at page 18, and substituting the following therefor:

``the administration of this Act or any other Act of Parliament; or''

After debate, the question being put on the amendment, it was agreed to.

Paul Mercier moved,--That Clause 52 be amended by replacing lines 35 to 39, at page 18, with the following:

``the administration of this Act;

(b) the reporting of information in an aggregated form that prevents information obtained from an identifiable person from being related to that person; or

(c) the reporting of information to the committee of Parliament that normally considers matters relating to transportation, at the written request of a member of the committee who is a member of a recognized political party in the House of Commons.''

After debate, the question being put on the amendment, it was negatived.

Clause 52, as amended, carried.

On Clause 53

Jim Gouk moved,--That Clause 53 be amended by replacing lines 2 and 3, at page 19, with the following:

``the end of May, lay before the House of Commons a report briefly reviewing, in respect''

It was agreed,--That the amendment be further amended by striking out the words ``House of Commons'' and replacing it with ``Parliament''.

The question being put on the amendment, it was agreed to.

By unanimous consent, Clause 53, as amended, was allowed to stand.

On Clause 54

Jim Gouk moved,--That Clause 54 be amended by replacing line 22, on page 19, with the following:

``force, request the Auditor General to carry''

After debate, the question being put on the amendment, it was negatived.

Jim Gouk moved,--That Clause 54 be amended

(a) by replacing lines 29 to 33, at page 19, with the following:

``(2) The Auditor General shall assess whether the legislation referred to in subsection (1) provides Canadians with an efficient, effective flexible, affordable and revenue adequate transportation system and, where''

(b) by replacing lines 3 and 4, at page 20, with the following:

``(4) The Auditor General has, for the purposes of the review, the''

``within one year after the request referred''

By unanimous consent, the amendment of Jim Gouk was withdrawn.

Clause 54 carried.

By unanimous consent, clauses 55 to 59 carried.

On Clause 60

Joe Fontana moved,--That Clause 60 be amended in the English version by striking out lines 20 to 22, at page 23, and substituting the following therefor:

``unless, where required under this Part, the person holds a licence issued under this Part in respect of that service.''

The question being put on the amendment, it was agreed to.

Clause 60, as amended, carried.

By unanimous consent, clauses 61 to 66 carried.

By unanimous consent Clause 67 was allowed to stand.

Clause 68 carried.

Clause 69 carried.

Clause 70 carried on division.

By unanimous consent clauses 71 to 81 carried.

On Clause 82

Joe Fontana moved,--That Clause 82 be amended by striking out line 3, at page 34, and substituting the following therefor:

``into any matter for which a licence, permit or other document''

The question being put on the amendment, it was agreed to.

Clause 82, as amended, carried.

Clauses 83 to 86 carried.

On Clause 87

Joe Fontana moved,--That Clause 87 be amended by striking out line 43 at page 34 and substituting the following:

``requirements'' for air services or ``aircraft;''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 87 be amended in the French version by striking out lines 5 and 6 at page 35 and substituting the following:

``l'annulation des permis d'affrètements internationaux;''

The question being put on the amendment, it was agreed to.

Clause 87, as amended, carried.

On Clause 88

Joe Fontana moved,--That Clause 88 be amended

(a) by adding, immediately after line 19, at page 36, the following:

`` ``point of destination'' means, with respect to traffic on a railway line that is subject to a transfer described in subsection 129(4) or 130(2), the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply;

``point of origin'' means, with respect to traffic on a railway line that is subject to a transfer described in subsection 129(4) or 130(2), the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply;''

(b) by striking out lines 20 to 32, at page 36, and substituting the following therefor:

`` ``railway'' means a railway within the legislative authority of Parliament and includes

(a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores, or other things connected with the railway, and

(b) communications or signalling systems and related facilities and equipment used for railway purposes;

``93, a partnership of such persons or a person who is mentioned in subsection 91(2);''

The question being put on the amendment, it was agreed to.

Clause 88, as amended, carried.

On Clause 89

Joe Fontana moved,--That Clause 89 be amended by striking out line 36, at page 37, and substituting the following therefor:

``person who operates a railway within the legis-''

The question being put on the amendment, it was agreed to.

Clause 89, as amended, carried.

Clause 90 carried.

On Clause 91

Joe Fontana moved,--That Clause 91 be amended by striking out lines 24 and 25, at page 38, and substituting the following therefor:

``ate a railway without a certificate of fitness.''

The question being put on the amendment, it was agreed to.

Clause 91, as amended, carried.

Clause 92 carried.

Clause 93 carried.

On Clause 94

Joe Fontana moved,--That Clause 94 be amended by striking out lines 22 to 26, at page 39, and substituting the following therefor:

``94. (1) The Agency may, on application, vary a certificate of fitness

(a) to change the termini or route of a line specified in the certificate;

(b) to add a line to the certificate; or

(2) The Agency may vary a certificate of fitness when it grants a right under section 138 to the holder of the certificate.''

The question being put on the amendment, it was agreed to.

Clause 94, as amended, carried.

On Clause 95

Joe Fontana moved,--That Clause 95 be amended in the French version by striking out line 30, at page 39, and substituting the following therefor:

``bilité ou de toute modification--''

The question being put on the amendment, it was agreed to.

Clause 95, as amended, carried.

Clause 96 carried.

On Clause 97

Joe Fontana moved,--That Clause 97 be amended:

(a) by striking out line 37, at page 40, and substituting the following therefor:

``97. (1) Where a railway company took posses-''

(b) by striking out line 42, at page 40, and substituting the following therefor:

``to a railway company for the purpose of continuing railway operations or to the Crown.''

(2) The land may be transferred to any other person for the purpose of continuing railway operations if

(a) in the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; or

(b) in the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land.

(3) If land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section.

(4) A transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.''

The question being put on the amendment, it was agreed to.

Jim Gouk moved,--That Clause 97 be amended

(a) by replacing line 37, at page 40, with the following:

``97. (1) Where a railway company took posses''

(b) by adding after line 42 at page 40, the following:

``(2) Subsection (1) does not apply in the case of a sale, lease or other transfer for continued operation of a railway line or a sale lease or other transfer pursuant to Division V, provided that the purchaser, lessee or transferee (other than the Government of Canada) shall be deemed to hold the interest as if it had acquired it by virtue of section 134 of the Railway Act.''

Jim Gouk moved,--That Clause 97 be amended

(a) by replacing line 37, at page 40, with the following:

``97. (1) Where a railway company took possess''

(b) by adding after line 42 at page 40, the following:

``(2) A railway company may not alinate any land, including a right-of-way, that may be necessary for its undertaking untill all outstanding native land claims in respect of the land have been finally settled''

Jim Gouk moved,--That Clause 97 be amended

(a) by replacing line 37, at page 40, with the following:

``97. (1) Where a railway company took posses''

(b) by adding after line 42 at page 40, the following:

By unanimous consent, the amendments of Jim Gouk were withdrawn.

Clause 97, as amended, carried.

On Clause 98

Joe Fontana moved,--That Clause 98 be amended in the French version by striking out line 8, at page 41, and substituting the following therefor:

``(2) La compagnie qui acquiert ces terres de la''

The question being put on the amendment, it was agreed to.

Clause 98, as amended, carried.

On Clause 99

Joe Fontana moved,--That Clause 99 be amended by striking out lines 24 to 26, at page 41, and substituting the following therefor:

``tion of a railway line

(a) within the right of way of an existing railway line; or

(b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.''

The question being put on the amendment, it was agreed to.

Clause 99, as amended, carried.

On Clause 100

Joe Fontana moved,--That Clause 100 be amended by striking out line 29, at page 41, and substituting the following therefor:

``of a railway line across another rail-''

The question, being put on the amendment, it was agreed to.

Clause 100, as amended, carried.

Clause 101 carried.

On Clause 102

Joe Fontana moved,--That Clause 102 be amended by adding, immediately after line 36, at page 42, the following:

``(5) This section does not apply in any circumstances where section 103 or 104 applies.''

The question being put on the amendment, it was agreed to.

Clause 102, as amended, carried.

Clause 103 carried.

On Clause 104

Paul Mercier moved,--That Clause 104 be amended

(a) by replacing line 2, at page 43, with the following:

``to construct and maintain a suitable crossing if the Agency''

(b) by replacing line 8, at page 43, with the following:

``(3) The railway company shall pay the''

After debate, the question being put on the amendment, it was negatived.

Clause 104 carried on division.

On Clause 105

Joe Fontana moved,--That Clause 105 be amended in the English version

(a) by striking out line 11, at page 43, and the heading immediately before it and substituting the following therefor:

``Mortgages and Hypothecs

105. (1) A mortgage or hypothec issued''

(b) by striking out lines 18 to 22, at page 43, and substituting the following therefor:

``(2) The mortgage or hypothec, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property if it has been deposited and a notice has been published in accordance with subsection (1).''

The question being put on the amendment, it was agreed to.

Clause 105, as amended, carried.

On Clause 106

Jim Gouk moved,--That Clause 106 be amended by striking out lines 28 and 29, at page 43, and substituting the following therefor:

``hypothec, bailment or security agreement relating to rolling stock or any accessories or appurtenances relating thereto; and''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 106 be amended in the English version by striking out line 37, at page 43, and substituting the following therefor:

``under any other law or statute respecting real or person-''

The question being put on the amendment, it was agreed to.

Clause 106, as amended, carried.

On Clause 107

Joe Fontana moved,--That Clause 107 be amended in the French version by striking out line 6, at page 44, and substituting the following therefor:

``celle-ci et ses créanciers, et le déposer à la''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 107 be amended by striking out lines 25 to 30, at page 44, and substituting the following therefor:

``(5) No order of the Federal Court or any other court restraining action against the railway company affects the right of any person to take possession of the rolling stock of the company as a creditor under a security agreement, mortgage or hypothec or as a lessor or conditional vendor, whether as trustee or otherwise, unless

(a) within 60 days after filing the scheme of arrangement, or any extended period to which the person may agree, the railway company agrees to perform all its obligations under the security agreement, mortgage, hypothec, lease or conditional sale agreement; and (b) any event that occurred before the scheme was filed and that constitutes a default under the security agreement, mortgage, hypothec, lease or conditional sale agreement is cured before the later of

(i) 30 days after the event, and

(ii) the end of the period mentioned in paragraph (a).

(6) An extension of the 60-day period under paragraph (5)(a) does not prejudice the right to take possession of the rolling stock.''

The question being put on the amendment, it was agreed to.

Clause 107, as amended, carried.

On Clause 108

Joe Fontana moved,--That Clause 108 be amended in the English version by striking out line 37, at page 44, and substituting the following therefor:

``(a) mortgages, hypothecs, bonds and de-''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 108 be amended in the French version

(a) by striking out lines 38 to 40, at page 44, and substituting the following therefor:

``pagnie et les détenteurs d'obligations émises par elle;''

(b) by striking out line 11, at page 45, and substituting the following therefor:

``d'obligations''

``s'il ne porte préjudice à aucun de leurs droits ou intérêts.''

The question being put on the amendment, it was agreed to.

Clause 108, as amended, carried.

Clause 109 carried.

Clause 110 carried.

On Clause 111

Joe Fontana moved,--That Clause 111 be amended in the English version by striking out line 6, at page 46, and substituting the following therefor:

``111. The railway company shall keep at its princi-''

The question being put on the amendment, it was agreed to.

Clause 111, as amended, carried.

On Clause 112

Jim Gouk moved,--That Clause 112 be amended by replacing lines 25 to 27, at page 46, with the following:

`` ``interchange'' means a place where the line operated by one railway company connects with the line operated by another railway company and where''

The question being put on the amendment, it was negatived.

Clause 112 carried on division.

Clause 113 carried on division

On Clause 114

Paul Mercier moved,--That Clause 114 be amended by replacing line 5, at page 48, with the following:

``be fulfilled by the company, in which case the company shall submit forthwith a copy of the confidential contract or agreement to the Agency.

(5) The Agency shall examine the confidential contract or the agreement and if, in its opinion, the contract or the agreement does not serve the interests of consumers, it may make recommendations to the parties to the contract.''

The question being put on the amendment, it was negatived.

Clause 114 carried on division.

Clause 115 carried on division.

Clause 116 carried on division.

Clause 117 carried on division.

On Clause 118

Joe Fontana moved,--That Clause 118 be amended in the French version by striking out line 19, at page 51, and substituting the following therefor:

``une période minimale de trois ans après son''

The question being put on the amendment, it was agreed to.

Clause 118, as amended, carried.

Clause 119 carried.

On Clause 120

Jim Gouk moved,--That Clause 120 be amended by replacing line 25, at page 51, with the following:

``not less than thirty days before its effective date''

After debate, the question being put on the amendment, it was negatived.

Joe Fontana moved,--That Clause 120 be amended

(a) by striking out lines 28 to 31, at page 51, and substituting the following therefor:

``traffic in accordance with this Division and Division VI,

(a) the rates are the lawful rates of the railway company and, subject to sub-''

(b) by striking out line 40, at page 51, and line 1, at page 52, and substituting the following therefor:

``tariff until they expire or until the tariff is superseded by a new tariff.''

After debate, the question being put on the amendment, it was agreed to.

Clause 120, as amended, carried.

Clauses 121 to 126 carried.

Clause 127 carried on division.

Clause 128 carried on division.

On Clause 129

Joe Fontana moved,--That Clause 129 be amended by striking out lines 41 to 43, at page 55, and lines 1 to 9, at page 56, and substituting the following therefor:

``(3) In determining an interswitching rate, the Agency shall consider the average variable costs of all movements of traffic that are subject to the rate and the rate must not be less than the variable costs of moving the traffic, as determined by the Agency.

(4) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect any entitlement to an interswitching rate.''

The question being put on the amendment, it was agreed to.

Clause 129, as amended, carried.

On Clause 130

Joe Fontana moved,--That Clause 130 be amended by striking out lines 21 to 28, at page 56, and substituting the following therefor:

``(2) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect the right of a shipper to obtain a competitive line rate under sections 131 to 137.''

The question being put on the amendment, it was agreed to.

Jim Gouk moved,--That Clause 130 be amended by replacing lines 22 to 25, at page 56, with the following:

``operating interest in it, under Division V does not affect the right of a shipper on that line to obtain a competitive line rate''

By unanimous consent, the amendment of Jim Gouk was withdrawn.

Clause 130, as amended, carried.

Clause 131 carried.

On Clause 132

Joe Fontana moved,--That Clause 132 be amended

(a) by striking out lines 31 to 37, at page 57, and substituting the following therefor:

``132. (1) A competitive line rate must not be established unless the shipper agrees with the connecting carrier, and with any other company, other than the local carrier, that moves traffic over a portion of the continuous route, on the terms and conditions governing their movement of the traffic, including the applicable rate.''

(b) by striking out lines 38 and 39, at page 57, and substituting the following therefor:

``(2) If an interswitching rate determined under paragraph 129(1)(b) is available for a portion of the''

The question being put on the amendment, it was agreed to.

Jim Gouk moved,--That Clause 132 be amended by adding after line 19, at page 58, the following:

``(7) Notwithstanding any provision of this or any other Act, the failure of a connecting carrier to quote a competitive rate for the movement of traffic over its portion of the continuous route within ten days after having received a request from a shipper to do so, shall be subject to the provisions of the Competition Act''

By unanimous consent, the amendment of Jim Gouk was withdrawn.

Clause 132, as amended, carried.

Clause 133 carried.

On Clause 134.

Jim Gouk moved,--That Clause 134 be amended

(a) by striking out lines 4 and 5, at page 59, and substituting the following therefor:

``(a) of traffic that

(i) is the same as or substantially similar to, the traffic moved, and

(ii) is moved over similar distances, unless no such traffic is moved over similar distances.''

(b) by striking out line 12, at page 59, and substitute the following therefor:

``C is the total number of tonne kilometres of the''

``(4) A competitive line rate determined under this section must not be less than the variable costs of moving the traffic, as determined by the Agency.''

After debate, by unanimous consent, Clause 134 was allowed to stand.

Clause 135 carried.

Clause 136 carried.

On Clause 137

Joe Fontana moved,--That Clause 137 be amended in the French version by striking out line 2, at page 60, and substituting the following therefor:

``est établi, la compagnie de chemin de fer, autre''

The question being put on the amendment, it was agreed to.

Clause 137, as amended, carried.

On New Clause 137.1

Joe Fontana moved,--That New Clause 137.1 be added, immediately after line 34, at page 60, the following:

``Limiting Carriers' Liability

137.1 (1) A railway company shall not limit or restrict its liability to a shipper for the movement of traffic except by means of a written agreement signed by the shipper or by an association or other body representing shippers.

(2) If there is no agreement, the railway company's liability is limited or restricted to the extent provided in any terms and conditions that the Agency may

(a) on the application of the company, specify for the traffic; or

(b) prescribe by regulation, if none are specified for the traffic.''

The question being put on the amendment, it was agreed to.

New Clause 137.1 carried.

On Clause 138

Joe Fontana moved,--That Clause 138 be amended in the French version

(a) by striking out line 41, at page 60, and substituting the following therefor:

``fer, les utiliser ou les occuper''

(b) by striking out lines 13 to 16, at page 61, and substituting the following therefor:

``(3) La compagnie de chemin de fer verse une indemnité à l'autre compagnie pour l'exercice de ces droits. Si elles ne s'entendent pas sur le montant de l'indemnité, l'Office peut le fixer par arrêté.''

The question being put on the amendment, it was agreed to.

Clause 138, as amended, carried.

On Clause 139

Joe Fontana moved,--That Clause 139 be amended in the French version by striking out line 38, at page 61, and substituting the following therefor:

``tant de l'indemnité à payer pour l'usage de cette emprise et de tout ouvrage connexe, si''

The question being put on the amendment, it was agreed to.

Clause 139, as amended, carried.

On Clause 140

Joe Fontana moved,--That Clause 140 be amended in the English version by striking out lines 7 to 9, at page 62, and substituting the following therefor:

``tion of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.''

The question being put on the amendment, it was agreed to.

Clause 140, as amended, carried.

On Clause 141

Joe Fontana moved,--That Clause 141 be amended in the French version by striking out line 17, at page 62, and substituting the following therefor:

``transférer, notamment par vente ou bail,''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 141 be amended by striking out lines 27 to 30 at page 62.

The question being put on the amendment, it was agreed to.

Jim Gouk moved,--That Clause 141 be amended

(a) by replacing lines 29 and 30, at page 62, with the following:

``an interest in a railway line acquired by virtue of section 134 of the Railway Act before the coming into force of section 185, except in the case of a sale, lease or other transfer for continued operation of the Railway line or a sale, lease or other transfer pursuant to this Division, provided that the purchaser, lessee or transferee (other than the Government of Canada) shall be deemed to hold the interest as if it had acquired it by virtue of section 134 of the Railway Act.''

(b) by adding after line 30, at page 62, the following:

``(5) Notwithstanding anything to the contrary contained in a Special Act, there shall be no requirement pursuant to any such Act or this Act for a Railway company to obtain the approval of the Agency, the Governor in Council or its shareholders with respect to

(a) the purchase, sale, lease or other transfer of a railway; or

(b) the purchase or sale of the shares, bonds or other securities of another railway company.

By unanimous consent, the amendment of Jim Gouk was withdrawn.

Clause 141, as amended, carried on division.

On Clause 142

Joe Fontana moved,--That Clause 142 be amended by striking out line 34, at page 62, and substituting the following therefor:

``the operation of the line, but no steps shall be taken until the company's intention to discontinue the line has been indicated in its plan for at least sixty days.''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 142 be amended by striking out lines 35 to 39, at page 62, and substituting the following therefor;

``(2) A railway company that operates a railway line listed in Schedule IV shall discontinue its operation of the line no later than March 31, 1996 or 10 days after this section comes into force, whichever is the later.

The question being put on the amendment, it was agreed to.

Clause 142, as amended, carried.

On Clause 143

Joe Fontana moved,--That Clause 143 be amended in the English version by striking out lines 2 and 3, at page 63, and substituting the following therefor:

``tise the availability of the railway line, or any operating interest that the company has in it, for sale,''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 143 be amended by striking out line 8, at page 63, and substituting the following therefor:

``description of the railway line and how it or the operating interest is to be transferred, whether by sale, lease or otherwise, and an outline''

The question being put on the amendment, it was agreed to.

Clause 143, as amended, carried.

On Clause 144

Joe Fontana moved,--That Clause 144 be amended by striking out line 7, at page 64, and substituting the following therefor:

``(4) The railway company has four months''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 144 be amended by adding, immediatelty after line 11, at page 64, the following:

``(5) If an agreement is not reached within the four months, the railway company may decide to continue the operation of the railway line, in which case it is not required to comply with section 145, but shall amend its plan to reflect its decision.''

The question being put on the amendment, it was agreed to.

Clause 144, as amended, carried.

On Clause 145

Anna Terrana moved,--That Clause 145 be amended

(a) by striking out lines 12 to 15, at page 64, and substituting the following therefor:

``145. (1) The railway company shall offer to transfer all of its interest in the railway line to the governments mentioned in this section for not more than its net''

(b) by striking out lines 24 to 28, at page 64, and substituting the following therefor:

``(2) After the requirement to make the offer arises, the railway company shall send it simultaneously

(a) to the Minister if the railway line passes through

(i) more than one province or outside Canada, or

(ii) land that is or was a reserve, as defined in subsection 2(1) of the Indian Act;''

``Canada may accept it within thirty days;

(b) by a provincial minister, the government of the province may accept it within thirty days, unless the offer is received by the Minister, in which case the government of each province may accept it within an additional thirty days after the end of the period mentioned in paragraph (a) if it is not accepted under that paragraph; and (c) by a municipal or district government, it may accept it within an additional thirty days after the end of the period or periods for acceptance under paragraph (a) and (b), if it is not accepted under those paragraphs.''

The question being put on the amendment, it was agreed to.

Clause 145 was allowed to stand.

Clause 146 was allowed to stand.

New Clause 146.1 was allowed to stand.

Clauses 147 to 151 carried on division.

On Clause 152

Joe Fontana moved,--That Clause 152 be amended in the French version striking out line 1, at page 68, and substituting the following therefor:

``152. (1) Une compagnie de chemin de fer régie''

The question being put on the amendment, it was agreed to.

Clause 152, as amended, carried on division.

On Clause 153

Joe Fontana moved,--That Clause 153 be amended in the French version by striking out line 19, at page 68, and substituting the following therefor:

``153. (1) Une compagnie de chemin de fer régie''

The question being put on the amendment, it was agreed to.

Clause 153, as amended, carried on division.

On Clause 154

Paul Mercier moved,--That Clause 154 be amended by replacing line 32, at page 68, with the following:

``154. The Governor in Council may, after consultation with the committee of Parliament that normally considers matters relating to transportation, make''

After debate the question being put on the amendment, it was negatived.

Clause 154 carried on division.

On Clause 155

Jim Gouk moved,--That Clause 155 be amended by replacing line 35, at page 68, with the following:

``155. (1) On or before December 31, 1997, the Minister shall, in"

The question being put on the amendment, it was negatived.

Clause 155 carried on division.

On Clause 156

Joe Fontana moved,--That Clause 156 be amended

(a) by striking out lines 13 to 15, at page 69, and substituting the following therefor:

``cation and system of accounts of their assets, liabilities, revenues, working expenditures, capitalization, traffic and operating statistics relating to railway operations.''

(b) by striking out lines 21 and 22, at page 69, and substituting the following therefor:

``to be classed as items relating to railway operations in the accounts.''

``ciation to be charged with respect to each of the classes of property.

(5) A railway company for which a classification and system of accounts is prescribed shall''

The question being put on the amendment, it was agreed to.

Clause 156, as amended, carried.

On Clause 157

Joe Fontana moved,--That Clause 157 be amended in the French version

(a) by striking out line 38, at page 69, and substituting the following therefor:

``157. (1) L'Office peut, par règlement, prévoir les''

(b) striking out lines 40 and 41, at page 69, and substituting the following therefor:

``dépréciation et de coût du capital, dont il tient compte dans le calcul des frais sous le régime de la pré-''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 157 be amended by striking out line 13, at page 70, and substituting the following therefor:

``(a) for a particular period, the Agency must''

The question being put on the amendment, it was agreed to.

Clause 157, as amended, carried.

On New Clause 157.1

Joe Fontana moved,--That New Clause 157.1 be amended by adding, immediately after line 28, at page 70:

``157.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting railway safety, accident investigation and railway crossings.

(2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the public service of Canada, to administer the law in accordance with the agreement.

(3) The designated body, person or class of persons may perform any function or duty and exercise any powers necessary for the enforcement of the law, to the extent specified in the agreement.''

The question being put on the amendment, it was agreed to.

New Clause 157.1 carried.

Clause 158 carried.

Clause 159 carried on division.

On Clause 160

Jim Gouk moved,--That Clause 160 be amended by replacing lines 28 to 37 at page 72, with the following:

``160. (1) Where a railway company operating a passenger rail service or a commuter rail authority designated by the government of a province has been involved in negotiations with a railway company for a period of no less than 180 days in respect of terms relating to the provision by the railway company of services in connection with commuter or passenger rail operations, without the parties having reached agreement, either party may apply to the Agency in writing to have all outstanding differences referred for mediation/arbitration.

(2) Within ten days of the receipt of an application under subsection (1), the Agency shall, if the parties are unable to agree on a mediator-arbitrator, appoint a mediator-arbitrator from the list of arbitrators maintained by the Agency pursuant to section 169, and refer to the mediator-arbitrator those matters set out in the application made under subsection (1) that remain outstanding.

(3) The mediator-arbitrator shall forthwith endeavour to mediate all matters referred by the Agency and to bring about an agreement between the parties.

(4) If the mediator-arbitrator concludes that the parties are unable to reach timely agreement through mediation, the mediator-arbitrator shall hear the parties on all outstanding differences and shall, within ninety days of the referral by the Agency, render an award on the outstanding differences and issue a full and final written decision thereon.

(5) The award shall not impose any terms that are not commercially fair and reasonable or that would impair the ability of the railway company over whose railway line the passenger o commuter rail service is, or is sought to be, established to continue to provide suitable and adequate service for the carriage of traffic.

(6) Information submitted to the mediator-arbitrator by any party to the mediation/arbitration that is identified by the party as confidential shall not be disclosed to any other party except with the consent of the part, submitting the information.

(7) No party may in connection with any proceeding before the mediator-arbitrator disclose anything contained in a confidential contract, other than to the mediator-arbitrator, except with the consent of the parties to the contract, and the mediator-arbitrator shall keep any such information confidential."

The question being put on the amendment, it was negatived.

Clause 160 carried.

At 7:02 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, NOVEMBER 23, 1995
(Meeting No. 84)

The Standing Committee on Transport met at 9:00 o'clock a.m. this day, in Room 209, West Block, the Chair, Stan Keyes, presiding.

Members of the Committee present: Joe Fontana, Jim Gouk, Charles Hubbard, Jim Jordan and Paul Mercier.

Acting Members present: Bob Nault for Joe Comuzzi, Georgette Sheridan for Raymond Lavigne and Glen McKinnon for Anna Terrana.

Witnesses: From Transport Canada: Moya Greene, Assistant Deputy Minister, Policy and Coordination; Jean Patenaude, Special Advisor.

The Committee resumed Clause-by-Clause consideration of Bill C-101.

On Clause 161

Joe Fontana moved,--That Clause 161 be amended in the French version by striking out lines 2 and 3, at page 73, and substituting the following therefor:

``mêmes la question, la soumettre par écrit à l'Office pour arbitrage.''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 161 be amended

(a) by striking out lines 25 and 26, at page 73, and substituting the following therefor:

``çant son intention de soumettre la question à l'Office pour arbitrage.''

(b) by adding immediately after line 31, at page 73, the following:

``(4) A final offer arbitration is not a proceeding before the Agency.''

The question being put on the amendment, it was agreed to.

Jim Gouk moved,--That Clause 161 be amended by replacing lines 6 to 8, at page 73, with the following:

``(2) The submission shall contain''

The question being put on the amendment, it was negatived.

Clause 161, as amended, carried.

Clauses 162 to 176 carried.

On Clause 177

Paul Mercier moved,--That Clause 177 be amended by replacing line 36, at page 79, with the following:

``177. The Agency may, by regulation, after consultation with the committee of Parliament that normally considers matters relating to transportation,''

The question being put on the amendment, it was negatived.

Joe Fontana moved,--That Clause 177 be amended by striking out lines 9 to 12, at page 80, and substituting the following therefor:

``(b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

(i) $5,000, in the case of an individual, and

(ii) $25,000, in the case of a corporation.''

The question being put on the amendment, it was agreed to.

Clause 177, as amended, carried on division.

On Clause 178

Joe Fontana moved,--That Clause 178 be amended in the French version by striking out line 22, at page 80, and substituting the following therefor:

``sonne à qui il veut demander des renseigne-''

The question being put on the amendment, it was agreed to.

Clause 178, as amended, carried.

Clauses 179 to 184 carried.

On Clause 185

Joe Fontana moved,--That Clause 185 be amended

(a) by striking out line 18, at page 82, and substituting the following therefor:

``185. (1) Subject to subsection (2), the Railway Act is repealed, except''

(b) by striking out line 21, at page 82, and substituting the following therefor:

``89, 96 to 98 and 109 of that Act continue''

``(2) Sections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council.

(3) For the purpose of applying the provisions mentioned in subsection (2) after this section comes into force,

(a) a reference in those provisions to the ``Agency'' shall be interpreted as a reference to the Canadian Transportation Agency;

(b) a reference in those provisions to a ``railway, telegraph, telephone and express company'', a ``railway or express company'' or a ``carrier by water'' shall be interpreted as a reference to a railway company, as defined in section 88 of this Act; and

(c) the reference to section 64 of the National Transportation Act, 1987 in the definition ``claim period'' in subsection 270(1) of the Railway Act shall be interpreted as a reference to section 41 of this Act.''

The question being put on the amendment, it was agreed to.

Clause 185, as amended, carried.

Clauses 186 to 195 carried.

On Clause 196

Joe Fontana moved,--That Clause 196 be amended

(a) by striking out lines 35 and 36, at page 85, and substituting the following therefor:

``decision, order, licence, permit, rule, regulation and direction made or issued by the National Transportation''

(b) by striking out lines 41 and 42, at page 85, and substituting the following therefor:

``force as if it were a decision, order, license, permit, rule, regulation or direction made or issued by the Canadi-''

The question being put on the amendment, it was agreed to.

Clause 196, as amended, carried.

Clause 197 carried.

On Clause 198

Joe Fontana moved,--That Clause 198 be amended in the French version by striking out line 7, at page 86, and substituting the following therefor:

``l'article 102 de la présente loi.''

The question being put on the amendment, it was agreed to.

Clause 198, as amended, carried.

On Clause 199

Joe Fontana moved,--That Clause 199 be amended in the French version by striking out line 12, at page 86, and substituting the following therefor:

``tu de l'article 104 de la présente loi; si l'Office des transports''

The question being put on the amendment, it was agreed to.

Clause 199, as amended, carried.

Clause 200 carried.

On New Clause 201.1

Joe Fontana moved,--That New Clause 201.1 be amended by adding, immediately after line 39, at page 86:

``201.1 (1) Where information concerning the costs of a railway company or other information that is by its nature confidential was obtained from the company by the Agency in the course of an investigation under the Railway Act or the National Transportation Act, 1987, the information shall not be published or disclosed in such a manner as to be available for the use of any other person, except in accordance with subsection (2) or if, in the opinion of the Agency, the publication is necessary in the public interest.

(2) The Agency shall disclose to the Minister any information in its possession, other than information contained in a confidential contract entered into under subsection 120(1) of the National Transportation Act, 1987 or subsection 127(1) of this Act.''

The question being put on the amendment, it was agreed to.

New Clause 201.1 carried.

Clause 202 carried.

On New Clauses 203.1 to 203.3

Joe Fontana moved,--That New Clauses 203.1 to 203.3, be added, immediately after line 8, at page 87:

``203.1 Schedule II to the Act is amended by striking out the reference to

National Transportation Act, 1987

Loi de 1987 sur les transports nationaux

and the corresponding references to subsection 46(3), section 54 and subsections 120(5), 170(2), 259(2) and 269(1).

203.2 Schedule II to the Act is amended by striking out the reference to

Railway Act

Loi sur les chemins de fer

and the corresponding references to section 353 and subsections 358(3) and (5).

203.3 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Canada Transportation Act

Loi sur les transports au Canada

and a corresponding reference to subsection 52(1) and section 167.''

The question being put on the amendment, it was agreed to.

New Clauses 203.1 to 203.3 carried.

Clauses 204 to 227 carried.

On Clause 228

Joe Fontana moved,--That Clause 228 be amended by striking out line 3, at page 97, and substituting the following therefor:

``(8) Where an interest in land that was vested in the Crown before the expropriation vests''

The question being put on the amendment, it was agreed to.

Clause 228, as amended, carried.

Clause 229 carried.

On New Clauses 229.1 to 229.3

Joe Fontana moved,--That New Clauses 229.1 to 229.3, be added, immediately after line 11, at page 97, the following:

``229.1 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

National Transportation Agency

Office national des transports

and the corresponding reference in column II to the ``Minister of Transport''.

229.2 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

Canadian Transportation Agency

Office des transports du Canada

and a corresponding reference in column II to the ``Minister of Transport''.

Government Employees Compensation Act

229.3 Subsection 4(4) of the Government Employees Compensation Act is repealed.''

The question being put on the amendment, it was agreed to.

New Clauses 229.1 to 229.3 carried.

Clauses 230 to 237 carried.

On New Clause 237.1

Joe Fontana moved,--That New Clause 237.1, be added, immediately after line 36, at page 99:

``237.1 Subsection 47(1) of the Act is replaced by the following:

47. (1) No pipeline and no section of a pipeline shall be opened for the transmission of hydrocarbons or any other commodity by a company until leave to do so has been obtained from the Board.''

The question being put on the amendment, it was agreed to.

New Clause 237.1 carried.

Clauses 238 to 243 carried.

On New Clause 243.1

Joe Fontana moved,--That New Clause 243.1 be added immediately after line 12, at page 101:

''243.1 Subsections 71(2) and (3) of the Act are replaced by the following:

(2) The Board may, by order, on such terms and conditions as it may specify in the order, require the following companies to receive, transport and deliver, according to their powers, a commodity offered for transmission by means of a pipeline:

(a) a company operating a pipeline for the transmission of gas; and

(b) a company that has been issued a certificate under section 52 authorizing the transmission of a commodity other than oil.

(3) The Board may, if it considers it necessary or desirable to do so in the public interest, require a company operating a pipeline for the transmission of hydrocarbons, or for the transmission of any other commodity authorized by a certificate issued under section 52, to provide adequate and suitable facilities for

(a) the receiving, transmission and delivering of the hydrocarbons or other commodity offered for transmission by means of its pipeline,

(b) the storage of the hydrocarbons or other commodity, and

if the Board finds that no undue burden will be placed on the company by requiring the company to do so.''

The question being put on the amendment, it was agreed to.

New Clause 243.1 carried.

Clause 244 carried.

On Clause 245

Joe Fontana moved,--That Clause 245 be amended by striking out lines 28 to 44, at page 101, and lines 1 and 2, at page 102, and substituting the following therefor:

``245. (1) Where, immediately before the coming into force of section 183, there is in force in respect of a major pipeline a permit, within the meaning of Part VI of the National Transportation Act, 1987, as that Act read at that time, subject to the National Energy Board Act, the permit continues in force in respect of the pipeline and is deemed to be a leave to open the pipeline granted under section 47 of the National Energy Board Act and a certificate issued under section 52 of that Act.

(2) Where, immediately before the coming into force of section 183, there is in force in respect of a minor pipeline a permit, within the meaning of Part VI of the National Transportation Act, 1987, as that Act read at that time, subject to the National Energy Board Act, the permit continues in force and is deemed to be an order under subsection 58(1) of the National Energy Board Act exempting the pipeline from the provisions of sections 29 to 33 and 47 of that Act.''

The question being put on the amendment, it was agreed to.

Clause 245, as amended, carried.

Clauses 246 to 271 carried.

On New clause 271.1

Joe Fontana moved,--That New Clause 271.1 be added, immediately after line 14, at page 110:

``271.1 Subsection 7(1) of the Department of Transport Act is replaced by the following:

7. (1) The Minister has the management, charge and direction of

(a*rp) all Government canals and works and property pertaining or incidental to them;

(b) the collection of tolls on the canals and matters incidental to their collection; and

The question being put on the amendment, it was agreed to.

New Clause 271.1 carried.

On Clause 272

Joe Fontana moved,--That Clause 272 be amended by striking out lines 15 and 16, at page 110, and substituting the following therefor:

''272. Section 7.1 of the Act is replaced by the following:''

The question being put on the amendment, it was agreed to.

Clause 272, as amended, carried.

On Schedule III

Joe Fontana moved,--That Schedule III be amended in the English version by striking out the heading ``Rate'' of the second column at pages 126 and 127, and substituting the following therefor:

``Rate per tonne''

The question being put on the amendment, it was agreed to.

Schedule III, as amended, carried.

On New Schedule IV

Joe Fontana moved,--That the New Schedule IV be added, immediately after Schedule III at page 127:

``SCHEDULE IV/ANNEXE IV

(Section 142/article 142)

PART I/PARTIE I

CN BRANCH LINES/EMBRANCHEMENTS DU CN

INSERT SCHEDULE HERE--INSÉRÉ ANNEXE ICI

The question being put on the amendment, it was agreed to.

New Schedule IV carried.

By unanimous consent the Committee reverted to stood Clause 53.

Joe Fontana moved,--That Clause 53 be amended by striking out lines 2 to 5 at page 19 and substituting the following therefor:

''of the preceding year, including

(a) the financial viability of each mode of transportation''

Paul Mercier moved,--That the amendment of Joe Fontana be further amended by adding, immediately following the word ``transportation'', the following:

``and its contribution to the Canadian economy and to the development of the regions''

The question being put on the amendment to the amendment, it was agreed to.

The question being put on the amendment, it was agreed to.

Clause 53, as amended, carried.

By unanimous consent the Committee reverted to stood Clause 67.

Jim Gouk moved,--That Clause 67 be amended

(a) by striking out line 12 at page 26 and substituting the following:

``(a) disallow the basic fare or increase;''

(b) by striking out line 16 at page 26 and substituting the following:

``sonable in the circumstances; or

(c) direct the licensee, where practicable, to refund amounts specified by the Agency, with interest calculated in the manner prescribed, to persons determined by the Agency to have been overcharged by the licensee as a result of the increase in the basic fare.''

The questions being put on the amendment, it was agreed to.

Clause 67, as amended, carried.

By unanimous consent the Committee reverted to stood Clause 134.

Jim Gouk moved,--That Clause 134 be amended by striking out lines 4 and 5 at page 59 and substituting the following:

``(a) of traffic that

(i) is the same as or substantially similar to, the traffic moved, and

(ii) is moved over similar distances, unless no such traffic is moved over similar distances.''

The question being put on the amendment, it was agreed to.

Joe Fontana moved,--That Clause 134 be amended

(a) by striking out line 12 at page 59 and substituting the following:

``C is the total number of tonne kilometres of the''

(b) by striking out line 33 to 36 at page 59 and substituting the following:

``(4) A competitive line rate determined under this section must not be less than the variable costs of moving the traffic, as determined by the Agency.''

The question being put on the amendment, it was agreed to.

Clause 134, as amended, carried.

By unanimous consent the Committee reverted to stood Clause 145.

Jim Gouk moved,--That Clause 145 be amended in the English version

(a) by striking out lines 34 and 35 at page 64 and substituting the following:

``tive officer of each municipal or district government through whose territory the railway line passes.''

(b) by striking out line 1 at page 65 and substituting the following:

``(c) by a municipal or district government, it''

The question being put on the amendment, it was agreed to.

Clause 145, as amended, carried.

By unanimous consent the Committee reverted to stood Clause 146.

Jim Gouk moved,--That Clause 146 be amended by replacing lines 17 to 20, at page 65, with the following:

``146. (1) Where a railway company has complied with the process set out in sections 143 to 145, but an agreement for the sale, lease or other transfer of the railway line or an interest therein is not entered into through that process, the railway company may discontinue operating the line on providing notice thereof to the Agency. Thereafter, the railway company has no obligations under this Act or any other Act of Parliament in respect of the operation of the railway line and has no obligations with respect to any operations by VIA Rail Canada Inc. over the railway line.

(2) If the railway line, or any interest of the railway company therein, is sold, leased or otherwise transferred by an agreement entered into through the process prescribed by sections 143 to 145 or otherwise, the railway company that conveyed the railway line has no obligations under this Act in respect of the operation of the railway line as and from the date the sale, lease or other transfer was completed and has no obligations with respect to any operations by VIA Rail Canada Inc. over the railway line as and from that date.''

It was agreed,--That the amendment be further amended by striking out the words ``or any other Act of Parliament''.

The question being put on the amendment it was agreed to.

Clause 146, as amended, carried.

By unanimous consent, the Committee reverted to stood New Clause 146.1.

By unanimous consent, New Clause 146.1 was withdrawn.

Clause 1 carried.

The Title carried.

The Bill, as amended, carried.

ORDERED,--That the Bill, as amended, be reprinted as a working copy for the use of the House of Commons at the Report Stage.

At 10:18 o'clock a.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee