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MINUTES OF PROCEEDINGS
 
Meeting No. 57
 
Monday, June 11, 2007
 

The Standing Committee on Transport, Infrastructure and Communities met at 3:32 p.m. this day, in Room 308, West Block, the Vice-Chair, Don H.Bell, presiding.

 

Members of the Committee present: Hon. Mauril Bélanger, Don H. Bell, Robert Carrier, Ed Fast, Brian Jean, Peter Julian, Mario Laframboise, Brian Storseth, Mervin Tweed, Hon. Joseph Volpe and Jeff Watson.

 

Acting Members present: Larry Miller for Mervin Tweed and Glen Douglas Pearson for Paul Zed.

 

In attendance: Library of Parliament: John Christopher, Analyst; Allison Padova, Analyst. House of Commons: Joann Garbig, Legislative Clerk.

 

Witnesses: Department of Transport: Franz Reinhardt, Director, Regulatory Services, Civil Aviation; Susan Stanfield, Legal Counsel; Merlin Preuss, Director General, Civil Aviation. Department of National Defence: Jacques Laplante, Director, Flight Safety 2; Alex Weatherston, Counsel, Legal Services.

 
Pursuant to the Order of Reference of Tuesday, November 7, 2006, the Committee resumed consideration of Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.
 

The witnesses answered questions.

 

The Committee resumed its clause-by-clause study of the Bill.

 

The Committee resumed clause-by-clause consideration on Clause 12 of the Bill.

 
Peter Julian moved, — That Bill C-6, in Clause 12, be amended by adding before line 27 on page 16 the following:

“5.3941 In sections 5.395 to 5.397, “person” does not include a holder of a Canadian aviation document or an operator of aircraft.”

Debate arose thereon.

 

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

 

Joseph Volpe moved, — That the amendments be grouped by theme and debated but voted on separately.

 

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 9; NAYS: 2.

 
Mario Laframboise moved, — That Bill C-6, in Clause 12, be amended by adding after line 31 on page 18 the following:

“(5) Subsections (2) and (4) do not apply to proceedings under the Canada Labour Code.”

 

By unanimous consent, the amendment was allowed to stand.

 
Mario Laframboise moved, — That Bill C-6, in Clause 12, be amended by replacing lines 9 and 10 on page 17 with the following:

“(2) No person shall take any of the following actions in respect of an employee by reason only that the employee has reported a contravention under the program referred to in subsection 5.395(1) or has participated in good faith in an investigation conducted under this Act:

(a) disciplinary action;

(b) demotion;

(c) dismissal, discharge, or termination of employment;

(d) any action adversely affecting the employee's employment or terms and conditions of employment; or

(e) threat of any of the actions referred to in paragraphs (a) to (d).

(3) A person does not have the protection of subsections (1) and (2) if”

Debate arose thereon.

 

By unanimous consent, the amendment was withdrawn.

 
Mario Laframboise moved, — That Bill C-6, in Clause 12, be amended by replacing line 31 on page 18 with the following:

“legal, disciplinary or other proceedings against an employee, including any measures that adversely affect the employee’s employment or working conditions.”

Debate arose thereon.

 

At 4:36 p.m., the sitting was suspended.

At 4:41 p.m., the sitting resumed.

 

By unanimous consent, the amendment was withdrawn.

 
On motion of Mario Laframboise, it was agreed, — That Bill C-6, in Clause 12, be amended by adding after line 31 on page 18 the following:

“(5) Information reported under the program referred to in subsection 5.395(1) may not be used against an employee to take any reprisals, including any measure that adversely affects the employee's employment or working conditions.”

 
Peter Julian moved, — That Bill C-6, in Clause 12, be amended by adding after line 24 on page 15 the following:

“(5) An employee — or a person that the employee designates for the purpose — who alleges that a person has taken an action referred to in subsection (1) against the employee may make a complaint in writing in respect of the action to the Canada Industrial Relations Board, established by section 9 of the Canada Labour Code, within 90 days after the day on which the employee knew, or in the Board’s opinion ought to have known, that the action had been taken.

(6) Sections 133 and 134 of the Canada Labour Code apply with respect to a complaint made under subsection (2).”

Debate arose thereon.

 

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Peter Julian previously stood which read as follows: That Bill C-6, in Clause 12, be amended by replacing line 29 on page 11 with the following:

“prescribed by regulation, subject to the Canada Labour Code, the Transportation of Dangerous Goods Act, 1992 and the Canadian Transportation Accident Investigation and Safety Board Act. ”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

 

By unanimous consent, Clause 12 was allowed to stand.

 

By unanimous consent, the Committee reverted to Clause 2 previously stood.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Mario Laframboise previously stood which read as follows: That Bill C-6, in Clause 2, be amended by adding after line 30 on page 3 the following:

“3.2 In the event of any inconsistency between the provisions of this Act or anything issued, made or established under this Act, and the provisions of the Canada Labour Code, the Transportation of Dangerous Goods Act, 1992 or the Canadian Transportation Accident Investigation and Safety Board Act, the provisions of that Act prevail to the extent of the inconsistency.”

 

By unanimous consent, the amendment was allowed to stand.

 
Mauril Bélanger moved, — That Bill C-6, in Clause 2, be amended by adding after line 30 on page 3 the following:

“3.2 In the event of any inconsistency between the provisions of this Act or anything issued, made or established under this Act, and the provisions of the Canada Labour Code, the provisions of that Act prevail to the extent of the inconsistency.”

 

Peter Julian moved, — That the amendment be amended by adding the words “the Transportation of Dangerous Goods Act, 1992 or the Canadian Transportation Accident Investigation and Safety Board Act,” following the words “Canada Labour Code,”.

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived, by a show of hands: YEAS: 3; NAYS: 7.

 

After debate, the question was put on the amendment of Mauril Bélanger and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Mario Laframboise previously stood which read as follows: That Bill C-6, in Clause 2, be amended by adding after line 30 on page 3 the following:

“3.2 In the event of any inconsistency between the provisions of this Act or anything issued, made or established under this Act, and the provisions of the Canada Labour Code, the Transportation of Dangerous Goods Act, 1992 or the Canadian Transportation Accident Investigation and Safety Board Act, the provisions of that Act prevail to the extent of the inconsistency.”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 2, as amended, carried by a show of hands: YEAS: 10; NAYS: 1.

 

By unanimous consent, the Committee reverted to Clause 12 previously stood.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Mario Laframboise previously stood which read as follows: That Bill C-6, in Clause 12, be amended by adding after line 31 on page 18 the following:

“(5) Subsections (2) and (4) do not apply to proceedings under the Canada Labour Code.”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 12, as amended, carried by a show of hands: YEAS: 10; NAYS: 1.

 

Clauses 13 to 34 inclusive carried severally.

 

On Clause 35,

Peter Julian moved, — That Bill C-6, in Clause 35, be amended

(a) by replacing line 28 on page 39 to line 36 on page 40 with the following:

7.6 If the Minister has reasonnable grounds to believe that a person has committed a violation, the Minister may serve on the person a notice of monetary penalty that identifies the violation and sets out

(a) the amount that the Minister determines in accordance with the regulations that the person must pay as the penalty for the violation;

(b) the date, which shall be 30 days after the day on which the notice is served, on or before which the penalty must be paid or a review requested, and

(c) particulars of how the penalty is to be paid or the review requested,”

(b) by deleting line 37 on page 40 to line 14 on page 43;

(c) by replacing line 16 on page 43 with the following:

“monetary penalty under section 7.6”

(d) by deleting lines 29 on page 43 to line 31 on page 44.

 

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following four (4) amendments which are therefore also negatived:

That Bill C-6, in Clause 35, be amended

(a) by replacing line 31 on page 39 to line 24 on page 40 with the following:

“serve on the person a notice of monetary penalty that identifies the violation and sets out

(a) the amount that the Minister determines in accordance with the regulations that the person must pay as the penalty for the violation,

(b) the date, which shall be 30 days after the day on which the notice is served, on or before which the penalty must be paid or a review requested, and

(c) particulars of how the penalty is to be paid or the review requested.”

(b) by deleting line 37 on page 40 to line 14 on page 43;

(c) by deleting line 29 on page 43 to line 31 on page 44.

That Bill C-6, in Clause 35, be amended by deleting lines 6 to 15 on page 45.

That Bill C-6, in Clause 35, be amended by replacing lines 3 to 6 on page 46 with the following:

“Canadian aviation document under section 6.9 and notations of violation that the Minister keeps respecting a person.”

That Bill C-6, in Clause 36, be amended

(a) by replacing lines 12 and 13 on page 46 with the following:

“section 6.9 or notation of a violation”

(b) by replacing lines 38 and 39 on page 46 with the following:

“ment or of a violation, as the case may be, in”

(c) by replacing lines 3 and 4 on page 47 with the following:

“review under subsection 6.9(8) with regard to whether the”

(d) by deleting lines 7 to 11 on page 47;

(e) by replacing lines 15 to 17 on page 47 with the following:

“committed;”

 

Clause 35 carried.

 

Clause 36 carried.

 

Clauses 37 to 41 inclusive carried severally.

 

On Clause 42,

Brian Jean moved, — That Bill C-6, in Clause 42, be amended by adding after line 30 on page 72 the following:

“29. The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.”

Debate arose thereon.

 

At 4:37 p.m., the sitting was suspended.

At 4:42 p.m., the sitting resumed.

 

After debate, the question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

 

Clause 42, as amended, carried.

 

On Clause 43,

Peter Julian moved, — That Bill C-6, in Clause 43, be amended by replacing lines 35 to 37 on page 72 with the following:

“Act” with a reference to subsections 4.79(1), 5.394(2), 6.5(5), 22(2) and 24.1(4)”

 

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

 

Clause 43 carried by a show of hands: YEAS: 10; NAYS: 1.

 

Clauses 44 to 48 inclusive carried severally.

 

On Clause 49,

Brian Jean moved, — That Bill C-6, in Clause 49, be amended by adding after line 39 on page 74 the following:

“(2) Sections 5.31 to 5.38 shall not have effect until three years after this Act receives royal assent.”

 

The question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

 

Clause 49, as amended, carried.

 

By unanimous consent, the Committee reverted to Clause 8 previously stood.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Mario Laframboise previously stood which read as follows: That Bill C-6, in Clause 8, be amended by replacing lines 19 to 21 on page 8 with the following:

“and on the part of providers of services relating to aeronautics, and the”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 8, as amended, carried.

 

The Title carried by a show of hands: YEAS: 10; NAYS: 1.

 

The Bill, as amended, carried by a show of hands: YEAS: 10; NAYS: 1.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-6, as amended, be reprinted for the use of the House at report stage.

 

At 6:01 p.m., the Committee adjourned to the call of the Chair.

 



Mark D'Amore
Clerk of the Committee

 
 
2007/06/13 4:05 p.m.