REPORT TO THE HOUSE
Tuesday, December 3, 1996
The Standing Committee on Transport has the honour to present its
FOURTH REPORT
In accordance with its Order of Reference of Tuesday, June 18, 1996, your Committee has considered Bill C-43, An Act to amend the Railway Safety Act and to make a consequential amendment to another Act, and has agreed to report it with the following amendments:
Clause 13
In the English version only, strike out line 40, on page 5, and substitute the following therefor:
``their implementation an opportunity to``
Clause 16
Strike out line 36, on page 7, and substitute the following therefor:
``to conduct testing or requires an immediate exemption of short duration is exempt from the applica-''
Strike out line 40 and 41, on page 7, and substitute the following therefor:
``19 or 20 during a period that the company'`
Strike out line 1, on page 8, and substitute the following therefor:
``a notice of the exemption with the Minister and''
Strike out line 12, on page 8, and substitute the following therefor:
``organizations may object to the exemption on the''
Strike out line 15, on page 8, and substitute the following therefor:
``within four days after the notice of exemption is''
Strike out line 18, on page 8, and substitute the following therefor:
``exemption is filed, the Minister may''
Strike out lines 21 to 23, on page 8, and substitute the following therefor:
``exemption poses a threat to safety, or
(b) object to the exemption, if the Minister is of the opinion that the exemption is not in the''
Clause 17
Strike out lines 36 to 40, on page 8, and substitute the following therefor:
``has, before passing the resolution,
(i) consulted the railway company that operates the relevant line of railway,
(ii) notified each relevant association or organization that is likely to be affected by the resolution, and
(iii) has given public notice of its intention to pass the resolution.''
Strike out line 9, on page 9, and substitute the following therefor:
``(c) a railway safety inspector orders its use''
New Clause 19.1
Add immediately after line 33, on page 10, the following new clause:
``19.1 The Act is amended by adding the following after section 26.1:
26.2 The users of a road shall give way to railway equipment at a road crossing when warning of its approach is given.''
Clause 21
Strike out lines 41 to 44, on page 10, and lines 1 and 2, on page 11, and substitute the following therefor:
``as a railway safety inspector or a screening officer for the purposes of this Act and, in the case of a railway safety inspector, the Minister shall designate the matters in respect of which the person may exercise the powers of a railway safety inspector.''
Clause 22
Strike out line 5, on page 11, and substitute the following therefor:
``(2) Where a railway safety inspector is of the''
Strike out line 8, on page 11, and substitute the following therefor:
``to safe railway operations, the inspector, by''
Strike out line 14, on page 11, and substitute the following therefor:
``(b) may, if the inspector is satisfied that the''
Strike out line 19 and 20, on page 11, and substitute the following therefor:
``is removed to the inspector's satisfaction.''
``(2.1) Where a railway safety inspector is of the''
Strike out line 23, on page 11, and substitute the following therefor:
``railway operations, the inspector, by notice sent''
Strike out line 27, on page 11, and substitute the following therefor:
``(b) may, if the inspector is satisfied that the''
Strike out lines 32 and 33, on page 11, and substitute the following therefor:
``inspector's satisfaction.
(3) Where a railway safety inspector is of the''
Strike out line 37, on page 11, and substitute the following therefor:
``operations, the inspector''
Strike out line 43, on page 11, and substitute the following therefor:
``(b) may, in that notice, if the inspector is''
Strike out line 4, on page 12, and substitute the following therefor:
``inspector's satisfaction.''
Strike out line 8, on page 12, and substitute the following therefor:
``contains an order, the railway safety inspector''
Strike out line 13, on page 12, and substitute the following therefor:
``railway safety inspector shall send a copy of the''
Strike out lines 32 to 35, on page 12, and substitute the following therefor:
``inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act. The reasons for the inspector''s inability to''
Clause 24
In the English version only, strike out lines 37 and 38, on page 13, and substitute the following therefor:
````position'', shall undergo a company- organized medical examination, including audio-''
Clause 27
Strike out line 36, on page 16, and substitute the following therefor:
``railway safety inspector under subsection 7(2)''
Clause 32
Delete clause 32.
Your Committee has ordered a reprint of Bill C-43, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the Minutes of Proceedings relating to this bill (Issue No. 4, which includes this Report) is tabled.
Respectfully submitted,
Le président,
REG ALCOCK,
Chair.
REPORT TO THE HOUSE
Wednesday, December 11, 1996
The Standing Committee on Transport has the honour to present its
FIFTH REPORT
In accordance with its Order of Reference of Tuesday, October 8, 1996, your Committee has considered Bill C-58, an Act to amend the Canada Shipping Act (maritime liability), and has agreed to report it with the following amendments:
Clause 2
Strike out line 11, on page 3, and substitute the following therefor:
``(2) The maximum liability of a shipowner for claims arising on any distinct occasion for loss of life or personal injury to persons on a ship for which a certificate is required under Part V, where those persons are not carried under a contract of passenger carriage, is 175,000 units of account multiplied by the number of passengers the ship is authorized to carry according to the ship's certificate.
(3) Subsection (2) does not apply in respect of liability to a person who is the master of the ship, a member of the crew of the ship or any other person employed or engaged in any capacity on board the ship on the business of the ship.
(4) In subsection (1), ``passenger'' means a''
Strike out line 15, on page 3, and substitute the following therefor:
``(5) In subsections (1) and (2), ``unit of''''
Strike out line 18, on page 3, and substitute the following therefor:
``(6) For the purposes of subsections (1) and (2), the''
Strike out line 25, on page 3, and substitute the following therefor:
``less than 300 tons, other than claims mentioned in section 577, is''
Clause 5
Strike out lines 16 and 17, on page 8, and substitute the following therefor:
``person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to the possession and use of the ship;''
Clause 10
Strike out line 36, on page 13, and substitute the following therefor:
``(2) Sections 574, 575 and 577 to 582 apply for the''
New Clause 25.1
Add immediately before line 3, on page 21, the following:
``25.1 Sections 574 to 584 of the Canada Shipping Act>, as they read immediately before the coming into force of section 2, apply in respect of events referred to in subsection 575(1) of that Act, as that subsection read immediately before the coming into force of that section, that occurred before the coming into force of that section.''
Clause 26
Strike out line 8, on page 21, and substitute the following therefor:
``677(1) of that Act, as that subsection read immediately before the coming into force of those sections, that took place before the''
Clause 30
Strike out line 25, on page 24, and substitute the following therefor:
``30. (1) Sections 1 to 3 come into force ninety days after the day on which this Act is assented to.
(2) Sections 4 to 24 come into force on a''
Your Committee has ordered a reprint of Bill C-58, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the Minutes of Proceedings relating to this bill (Issue No. 4, which includes this Report) is tabled.
Respectfully submitted,
REG ALCOCK,
Chair.