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MINUTES OF PROCEEDINGS

Meeting No. 56

Wednesday, June 6, 2007

The Standing Committee on Transport, Infrastructure and Communities met at 3:31 p.m. this day, in Room 269, West Block, the Chair, Mervin Tweed, presiding.

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

Acting Members present: Ken Epp for Ed Fast.

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

Witnesses: Department of National Defence: Jacques Laplante, Director, Flight Safety 2. Department of Transport: Merlin Preuss, Director General, Civil Aviation; Franz Reinhardt, Director, Regulatory Services, Civil Aviation; Susan Stanfield, Legal Counsel. Department of National Defence: 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 Committee resumed its clause-by-clause study of the Bill.

The witnesses answered questions.

The Committee resumed consideration of the amendment of Brian Jean, — That Bill C-6, in Clause 12, be amended by adding after line 24 on page 15 the following:

(3) The holder of a Canadian aviation document shall not use information disclosed under a process referred to in subsection (1) in the taking of any disciplinary proceedings against the employee who disclosed the information, except in accordance with any conditions that are established under the management system of the document holder and that relate to the disclosure of any thing or circumstance that could present a risk to the safety of aeronautical activities.

(4) The holder of a Canadian aviation document shall not take any reprisal, including any measure that adversely affects the employee’s employment or working conditions, against any employee of the holder for the reason only that the employee disclosed in good faith under a process referred to in subsection (1) information regarding alleged actions or omissions of another person.

The debate continued.

It was agreed, - That the amendment be replaced with the following:

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

(4) The holder of a Canadian aviation document shall not take any reprisal, including any measure that adversely affects the employee’s employment or working conditions, against any employee of the holder for the reason only that the employee disclosed to any person information regarding alleged actions or omissions of another person, provided that the information has first been disclosed in good faith under a process referred to in subsection (1).

After debate, the question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by adding after line 38 on page 10 the following:

“(1.01) Despite subsection (1), the Minister of Transport shall not designate a commercial air service, an aerodrome, an air navigation service or a manufacturer of aeronautical products relating to commercial air services to exercise or perform any of the powers, duties and functions set out in 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: 2; NAYS: 9.

The Committee resumed consideration of the amendment of Peter Julian, — That Bill C-6, in Clause 12, be amended by adding after line 17 on page 15 the following:

“(d) the information is required to be disclosed under an Act of Parliament.”

The debate continued.

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by replacing line 21 on page 15 with the following:

“ings, against the”

Debate arose thereon.

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by adding after line 42 on page 15 the following:

“(d) the information is required to be disclosed under an Act of Parliament.”

Debate arose thereon.

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by replacing line 1 on page 16 with the following:

“ings, against the operator's crew”

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

Brian Jean moved, — That Bill C-6, in Clause 12, be amended by adding after line 4 on page 16 the following:

(3) An operator of aircraft may not use information collected under a process referred to in subsection (1) in the taking of any disciplinary proceedings against any of its employees, except in accordance with any conditions that are established in relation to that process.

After debate, the question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Brian Jean moved, — That Bill C-6, in Clause 12, be amended by replacing line 10 on page 16 with the following:

recorder. However, before entering into the agreement, the Minister shall consult with the operator’s employees who would be affected by the agreement.

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

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by replacing lines 15 to 18 on page 16 with the following:

“ance with the agreement or any Act of Parliament or a province.”

Debate arose thereon.

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Peter Julian moved, — That Bill C-6, in Clause 12, be amended by replacing line 23 on page 16 with the following:

“operator's crew members or other”

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

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

Brian Jean moved, — That the Committee extend its sitting hours by 60 minutes on Mondays and Wednesdays until the completion of Bill C-6 Clause-by-Clause.

Debate arose thereon.

Peter Julian moved, — That the motion be amended by adding after the words “clause-by-clause” the following: “starting Monday, June 11”.

The question was put on the motion and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

After debate, the question was put on the motion and the result of the vote was announced: YEAS: 5; NAYS: 5.

The Chair not having exercised a casting vote, the motion was negatived.

Peter Julian moved, — That the Committee do now adjourn.

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

At 5:32 p.m., the Committee adjourned to the call of the Chair.

Mark D'Amore
Clerk of the Committee

2007/06/08 1:12 p.m.