[Recorded by Electronic Apparatus]
Monday, December 9, 1996
.1546 
[English]
The Chairman: Order. Let us begin.
Mr. Hubbard, it's always a pleasure to have you at committee. I appreciate your willingness to return here, as required. You'll see some high-quality, high-velocity chairing.
We are here at the 47th meeting of this committee to consider Bill C-58, an act to amend the Canada Shipping Act. I believe all members of the committee have a package of five government amendments.
In our well-established process in this committee, we will move expeditiously through the various clauses, stopping where amendments are indicated.
If along the way, Mr. Crête, you wish to stop at any other point, please indicate.
It's ordered that Bill C-58, an act to amend the Canada Shipping Act, relative to maritime liability, be referred forthwith.
In terms of order of consideration, don't I have to put clause 1 off?
The Clerk of the Committee: No, not on this one.
Clause 1 agreed to
On clause 2
The Chairman: Against clause 2 I have government amendment 1. Mr. Keyes.
Mr. Keyes (Hamilton West): Thank you, Mr. Chairman.
The clause replaces line 11 on page 3 and can be considered as read. It's in the folder of information.
What it attempts to do, Mr. Chairman, is establish the maximum liability of a shipowner in respect of persons other than crew carried on a ship without a contract of carriage - for example, where passenger ships are hired by individuals or organizations for special-occasion use by their clients, guests, employees, etc., or where carriage of passengers by water is provided as part of land tour or hotel packages.
Amendment agreed to [See Minutes of Proceedings]
Clause 2 as amended agreed to
Clauses 3 and 4 agreed to
On clause 5
The Chairman: Against clause 5 we have government amendment 2. Mr. Keyes.
Mr. Keyes: This is an amendment that modifies the definition of the owner of a ship other than a convention ship so as to maintain the liability regime for registered owners and bare-boat charters. It avoids the extension of the liability provisions to certain other parties not currently covered by part XVI of the Canada Shipping Act, Mr. Chairman.
.1550
Amendment agreed to [See Minutes of Proceedings]
Clause 5 as amended agreed to
Clauses 6 to 9 inclusive agreed to
On clause 10
The Chairman: On clause 10 we have amendment G-3, which is found on page 6 of your package for the English and page 7 for the French.
Mr. Keyes: It's a consequential amendment to the first motion, which seeks to avoid two different definitions of ``owner''.
Amendment agreed to [See Minutes of Proceedings]
Clause 10 as amended agreed to
Clauses 11 to 24 inclusive agreed to
On clause 25
The Chairman: On clause 25 we have new clause 25.1, amendment G-4, which is found on page 8 in the English and page 9 in the French.
Mr. Keyes: I defer to Mr. Cullen, Mr. Chairman.
The Chairman: Mr. Cullen.
Mr. Cullen (Etobicoke North): Mr. Chairman, this amendment provides that the former part XVI of the Canada Shipping Act applies in respect of matters referred to in former -
Mr. Keyes: No, no.
Mr. Cullen: Wrong one? I'm sorry.
Excuse me, Mr. Chairman. I had the clauses mixed up.
This particular amendment provides that incidents and damages that occurred before the coming into force of this act would continue to be dealt with by the former part IX of the Canada Shipping Act.
The Chairman: I'm sorry, I don't see that here.
Mr. Cullen: The first one I did was right.
Mr. Keyes: You were right.
The Chairman: You were right, Mr. Cullen.
Mr. Cullen: I hadn't actually finished the whole rationale, but I'm sure if I can defer -
The Chairman: I'm sure either rationale will apply, Mr. Cullen.
Let us look this over again.
Mr. Cullen, before we start over again, I have also added to the confusion in that I did not pass clause 25. So let us first deal with clause 25, which is not amended.
Clause 25 agreed to
The Chairman: Now we can move to new clause 25.1, which is contained in government amendment G-4, found on pages 8 and 9.
Mr. Fontana (London East): Mr. Chairman, the problem is that you've got a different -
Mr. Cullen: Mr. Chairman, this amendment provides that incidents and damages that occurred before the coming into force of this act would continue to be dealt with by the former part IX of the Canada Shipping Act.
The Chairman: Okay.
Mr. Crête, did you have any question on that one?
Mr. Crête (Kamouraska - Rivière-du-Loup): It's okay.
Amendment agreed to
On clause 26 - Application of former Part XVI
The Chairman: On clause 26 I have government amendment G-5.
Mr. Keyes: The amendment to clause 26 provides that former part XVI of the Canada Shipping Act applies in respect of matters referred to in former subsection 677.(1), as opposed to new subsection 677.(1) of the Canada Shipping Act, which took place before the coming into force of sections 4 to 24.
.1555
We have a lot of lawyers in the room, Mr. Chairman.
The Chairman: And they're all exceptionally competitive about this.
Amendment agreed to
Clause 26 as amended agreed to
Clauses 27 to 29 inclusive agreed to
On clause 30 - Coming into force
The Chairman: We have government amendment G-6.
Mr. Cullen: Mr. Chairman, I would like to speak to this.
This amendment provides that new part IX of the Canada Shipping Act in clauses 1 to 3 of Bill C-58 will come into force 90 days after the day on which the act is assented to. This will allow the shipowners and the insurance industry to have sufficient time to react to the new limitation provisions. I think it's a very fair provision.
Amendment agreed to on division
Clause 30 as amended agreed to on division
Schedule agreed to
The Chairman: Shall the title carry?
Some hon. members: Agreed.
The Chairman: Shall Bill C-58 carry?
Some hon. members: Agreed.
The Chairman: The recommendation is that we not order a reprint of the bill because there were such minor changes. Is that acceptable?
Some hon. members: Agreed.
The Chairman: Shall I report the bill to the House as amended?
Mr. Crête: No.
The Chairman: You want to vote on this?
[Translation]
Mr. Crête: We might have amendments at report stage.
[English]
The Chairman: I will report it as amended.
Some hon. members: Agreed.
The Chairman: That ends the meeting on Bill C-58. It seems I've hardly gotten to know you.
Thank you very much, gentlemen. I appreciate your time.
[Proceedings continue in camera]