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MINUTES OF PROCEEDINGS

Meeting No. 12

Tuesday, February 11, 2014

The Standing Committee on Natural Resources met at 8:45 a.m. this day, in Room C-110, 1 Wellington Street, the Chair, Leon Benoit, presiding.

Members of the Committee present: Leon Benoit, Kelly Block, Joan Crockatt, Linda Duncan, Peter Julian, Ryan Leef, Hon. Geoff Regan and Brad Trost.

Acting Members present: John Carmichael for Blaine Calkins and Claude Gravelle for Christine Moore.

Other Members present: Jean-François Fortin.

In attendance: House of Commons: David-Andrés Novoa, Legislative Clerk ; Justin Vaive, Legislative Clerk . Library of Parliament: Jean-Luc Bourdages, Analyst ; Milana Simikian, Analyst.

Witnesses: Department of Natural Resources: Jeff Labonté, Director General, Energy Safety and Security Branch, Energy Sector; Samuel Millar, Senior Director, Frontier Lands Management Division, Petroleum Resources Branch; Anne-Marie Fortin, Senior Counsel, Legal Services; Tyler Cummings, Deputy Director, Frontier Lands Management Division, Petroleum Resources Branch. Department of Employment and Social Development: Brenda Baxter, Acting Director General, Workplace Directorate, Labour Program.

Pursuant to the Order of Reference of Tuesday, November 26, 2013, the Committee resumed consideration of Bill C-5, An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures.

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

Jeff Labonté, Samuel Millar, Brenda Baxter and Anne-Marie Fortin answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

By unanimous consent, Clauses 2 to 44 inclusive carried on division severally.

On Clause 45,

Geoff Regan moved, — That Bill C-5, in Clause 45, be amended by replacing line 25 on page 30 with the following:

“(a) defining “danger” in consultation with the provinces and other interested parties, “dive site”, “diving”

After debate, the question was put on the amendment of Geoff Regan and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 45 carried by a show of hands: YEAS: 5; NAYS: 4.

By unanimous consent, Clauses 46 to 52 inclusive carried on division severally.

On Clause 53,

Brad Trost moved, — That Bill C-5, in Clause 53, be amended by

(a) replacing line 12 on page 125 with the following:

“tabling in those Houses during the 2nd session”

(b) replacing line 21 on page 125 with the following:

“(a) a document entitled Canada–Newfoundland and”

“(b) a document entitled Canada–Newfoundland and”

(d) replacing lines 28 to 31 on page 125 with the following:

“(2) If a document entitled Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations is transmitted by”

(e) replacing line 35 on page 125 with the following:

“Houses during the 2nd session of the 41st”

(f) replacing lines 15 to 18 on page 126 with the following:

“case of a document entitled Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, that provincial”

(g) replacing line 38 on page 126 with the following:

“Canada–Newfoundland and Labrador Offshore Marine”

(h) replacing line 41 on page 126 with the following:

“the Canada–Newfoundland and Labrador Offshore”

(i) replacing line 43 on page 126 to line 1 on page 127 with the following:

“tional Regulations and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations are repealed on”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 53, as amended, carried.

On Clause 54,

Brad Trost moved, — That Bill C-5, in Clause 54, be amended by

(a) replacing line 13 on page 127 with the following:

“the Canada–Newfoundland and Labrador Offshore”

(b) replacing line 16 on page 127 with the following:

“tions, the Canada–Newfoundland and Labrador”

“Transitional Regulations or the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, if he or she is”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 54, as amended, carried.

By unanimous consent, Clauses 55 to 71 inclusive carried on division severally.

On Clause 72,

Brad Trost moved, — That Bill C-5, in Clause 72, be amended by

(a) replacing, in the English version, line 1 on page 138 with the following:

“(5) The warrant may also authorize a”

(b) replacing, in the English version, line 15 on page 138 with the following:

“(6) The officer who executes a warrant”

“(7) A warrant may be issued under this”

(d) replacing, in the English version, line 27 on page 138 with the following:

“(8) In this section, “living quarters” means”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 72, as amended, carried.

By unanimous consent, Clauses 73 to 83 inclusive carried on division severally.

On Clause 84,

Brad Trost moved, — That Bill C-5, in Clause 84, be amended by replacing lines 3 and 4 on page 224 with the following:

“immunities granted under the Labour Board Act, S.N.S. 2010, c. 37, as amended from time to time.”

After debate, by unanimous consent, Clause 84 was allowed to stand.

By unanimous consent, Clauses 85 to 87 inclusive carried on division severally.

On Clause 88,

Brad Trost moved, — That Bill C-5, in Clause 88, be amended

(a) by replacing line 42 on page 243 with the following:

“income earned by, and the taxable capital of, a corporation in a taxation”

(b) replacing line 4 on page 244 with the following:

“in respect of that taxable income and that taxable capital if the offshore”

“du paragraphe (1) sur le capital imposable, ou sur le revenu imposable gagné, au cours d’une année d’imposition dans”

(d) replacing line 11 on page 245 with the following:

“Income Tax Act, and “taxable capital” means taxable capital employed in Canada determined in accordance with Part I.3 of that Act.”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 88, as amended, carried.

By unanimous consent, Clauses 89 to 91 inclusive carried on division severally.

On Clause 92,

Brad Trost moved, — That Bill C-5, in Clause 92, be amended by

(a) replacing line 17 on page 246 with the following:

“tabling in those Houses during the 2nd session”

(b) replacing line 26 on page 246 with the following:

“(a) a document entitled Canada–Nova Scotia Off-”

“(b) a document entitled Canada–Nova Scotia Off-”

(d) replacing lines 33 to 36 on page 246 with the following:

“(2) If a document entitled Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations is transmitted by the Minister”

(e) replacing line 40 on page 246 with the following:

“the 2nd session of the 41st Parliament, then on”

(f) replacing lines 20 to 22 on page 247 with the following:

document entitled “Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations,”

(g) replacing line 41 on page 247 with the following:

“Canada–Nova Scotia Offshore Marine Installations and”

(h) replacing line 43 on page 247 with the following:

“Transitional Regulations, the Canada–Nova Scotia”

(i) replacing lines 1 to 4 on page 248 with the following:

“Transitional Regulations and the Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 92, as amended, carried.

On Clause 93,

Brad Trost moved, — That Bill C-5, in Clause 93, be amended by

(a) replacing line 16 on page 248 with the following:

“the Canada–Nova Scotia Offshore Marine Installations”

(b) replacing line 18 on page 248 with the following:

“Safety Transitional Regulations, the Canada–Nova”

“Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, if he or she is satisfied”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 93, as amended, carried.

On Clause 94,

Brad Trost moved, — That Bill C-5, in Clause 94, be amended by replacing lines 35 and 36 on page 250 with the following:

“Part 4 of the Department of Employment and Social Development Act, the disclosure of”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 94, as amended, carried.

By unanimous consent, Clauses 95 to 114 inclusive carried on division severally.

On Clause 115,

Brad Trost moved, — That Bill C-5, in Clause 115, be amended by deleting lines 3 to 11 on page 258.

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 115, as amended, carried.

By unanimous consent, Clauses 116 to 119 inclusive carried on division severally.

On Clause 119.1,

Peter Julian moved, — That Bill C-5 be amended by adding after the table following line 5 on page 261 the following new clause:

“REPORT TO PARLIAMENT

119.1 (1) The Minister of Natural Resources must cause to be laid before each House of Parliament, not later than five years after this Act comes into force, a report on the operation and implementation of this Act, including whether an independent offshore area regulator is desirable.

(2) Forthwith after the report of the Minister is tabled under subsection (1), such committee of Parliament as may be designated or established for the purposes of this subsection

(a) must review that report; and

(b) may undertake a review of any aspect of the operation or of any provision of this Act.”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Linda Duncan, Claude Gravelle, Peter Julian, Geoff Regan — 4; NAYS: Kelly Block, John Carmichael, Joan Crockatt, Ryan Leef, Brad Trost — 5.

On Clause 120,

Brad Trost moved, — That Bill C-5, in Clause 120, be amended by replacing line 7 on page 261 to line 38 on page 262 with the following:

“120. (1) Subsections (2) and (3) apply if Bill C-4, introduced in the 2nd session of the 41st Parliament and entitled the Economic Action Plan 2013 Act, No. 2 (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 194(1) of the other Act and subsection 94(1) of this Act are in force, subsections 144(1) and (1.1) of the Canada Labour Code are replaced by the following:

144. (1) No person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), and no person who has accompanied or assisted that person in exercising those powers or performing those duties or functions may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in exercising those powers or performing those duties or functions, except with the written permission of the Minister, in which case subsection (5) does not apply to restrict the disclosure of the information.

(1.1) The Minister shall not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the exercise of powers or the performance of duties or functions the Minister is authorized to exercise or perform under this Part, except for those powers, duties or functions that shall not be the subject of an agreement entered into under subsection 140(2).

(3) On the first day on which both subsection 194(2) of the other Act and subsection 94(2) of this Act are in force, subsection 144(5) of the Canada Labour Code is replaced by the following:

(5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part or unless the Minister is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out under section 141.”

After debate, by unanimous consent, Clause 120 was allowed to stand.

After debate, Clause 121 was negatived by a show of hands: YEAS: 0; NAYS: 6.

On Clause 122,

Pursuant to the order adopted by the Committee on Monday, November 4, 2013, the following amendment, submitted by Jean-François Fortin for the consideration of the Committee, was deemed moved:

That Bill C-5, in Clause 122, be amended by replacing lines 10 to 12 on page 263 with the following:

“122. This Act comes into force on the day that the Accord between the Government of Canada and the Government of Quebec for the shared management of petroleum resources in the Gulf of St. Lawrence comes into force.”

Debate arose thereon.

RULING BY THE CHAIR

Bill C-5, in clause 122, provides for the coming into force of certain sections by order of the Governor in Council. The amendment seeks to make the coming into force of the bill conditional to the coming into force of the Accord between the Government of Canada and the Government of Quebec for the shared management of petroleum resources in the Gulf of St. Lawrence.

As House of Commons Procedure and Practice, second edition, states on page 769:

“An amendment intended to alter the coming into force clause of a bill, making it conditional, is out of order since it exceeds the scope of the bill and attempts to introduce a new question into it.”

In the opinion of the Chair, the introduction of this condition to the coming into force is a new concept that is beyond the scope of the bill. Therefore, I rule the amendment inadmissible.

Brad Trost moved, — That Bill C-5, in Clause 122, be amended by replacing line 10 on page 263 with the following:

“122. Sections 2 to 93, or any provision enacted by section 45 or 84, and sections 96 to 119,”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 122, as amended, carried.

The Committee reverted to Clause 84 previously stood.

The Committee resumed consideration of the amendment of Brad Trost, — That Bill C-5, in Clause 84, be amended by replacing lines 3 and 4 on page 224 with the following:

“immunities granted under the Labour Board Act, S.N.S. 2010, c. 37, as amended from time to time.”

After debate, the question was put on the amendment of Brad Trost and it was agreed to.

Clause 84, as amended, carried.

The Committee reverted to Clause 120 previously stood.

The Committee resumed consideration of the amendment of Brad Trost, — That Bill C-5, in Clause 120, be amended by replacing line 7 on page 261 to line 38 on page 262 with the following:

(3) On the first day on which both subsection 194(2) of the other Act and subsection 94(2) of this Act are in force, subsection 144(5) of the Canada Labour Code is replaced by the following:

After debate, the question was put on the amendment of Brad Trost and it was agreed to on division.

Clause 120, as amended, carried on division.

Clause 1, Short Title, carried on division.

The Title carried.

The Bill, as amended, carried on division.

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

ORDERED, — That Bill C-5, as amended, be reprinted for the use of the House at report stage.

At 10:08 a.m., the sitting was suspended.

At 10:10 a.m., the sitting resumed in camera.

The Committee proceeded to the consideration of matters related to Committee business.

At 10:45 a.m., the Committee adjourned to the call of the Chair.

Rémi Bourgault
Clerk of the Committee

2014-03-05 4:09 p.m.