Bill C-68

1st Session, 38th Parliament,

53-54 Elizabeth II, 2004-2005

house of commons of canada

BILL C-68

An Act to support development of Canada’s Pacific Gateway

Whereas Canada’s prosperity depends on its success in international trade;

Whereas global investment and trade patterns are increasingly driven by the rapid, seamless and secure movement of goods and people around the world in global supply chains;

Whereas the physical and human capital to support those movements are concentrated in key geographic locations, known as gateways, connected to each other and to major markets by corridors;

Whereas the core of the Pacific gateway is a network of strategic transportation links and multimodal transfer points of significance to Canada’s international trade;

Whereas the Pacific gateway provides a unique opportunity to capitalize on Canada’s position at the crossroads between the Asia-Pacific region and North America, building on the close proximity of Canada’s Pacific ports to the Asian market, world-class shipping, highly efficient and effective surface and air connections in Canada and beyond, and a population that enjoys strong connections through its heritage, family ties, businesses and investments with the Asia-Pacific region;

Whereas the Pacific gateway is a major element of the British Columbia economy, but also generates significant benefits across the Prairie provinces and throughout Canada;

Whereas the performance of the Pacific gateway is affected by a range of issues, including labour market pressures, border management, economic policies at all levels of government and land use policies and practices;

Whereas the contribution of the Pacific gateway to Canada’s prosperity also depends on measures taken in areas such as international trade promotion, sectoral cooperation, standards harmonization and innovation;

Whereas the people and Government of British Columbia make significant contributions to the prosperity of Canada through the development of the Pacific gateway;

Whereas the private sector must continue to play a significant role in the development of the Pacific gateway;

Whereas the development of the Pacific gateway must be sustainable, integrating economic, social and environmental considerations;

Whereas maintaining public security is essential;

And whereas the issues affecting the development of the Pacific gateway are interconnected and therefore should be addressed in an integrated manner;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Pacific Gateway Act.

2. It is declared that, in order to strengthen Canada’s position in international trade by taking full advantage of the Pacific gateway, the Government of Canada is committed to implementing a Pacific gateway strategy that

(a) supports the further development of a world-class multimodal network of strategic transportation links and transfer points of national significance that is competitive, efficient, safe, secure and environmentally sound;

(b) advances an integrated and cohesive set of measures in areas that affect the perform­ance of the Pacific gateway and that allow Canada to take full advantage of the opportunities it provides; and

(c) promotes strategic partnerships and collaboration between governments and stakeholders, including by creating a council for consensus building and policy advice for the development of Canada’s Pacific gateway.

3. (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

(2) The Governor in Council may designate other members of the Queen’s Privy Council for Canada to be the other federal Ministers for the purposes of this Act.

4. There is established an advisory council to be known as Canada’s Pacific Gateway Council, in this Act referred to as the “Council”.

5. (1) The Council’s mandate is to

(a) provide policy advice and analysis to the public and private sectors regarding the best application of public and private sector interventions — including policy, regulatory and investment interventions — from the perspective of all levels of government, as well as from a multimodal perspective, for the purpose of maximizing the effectiveness of the Pacific gateway and its contribution to Canada’s prosperity, including advice and analysis respecting the following matters and the interconnections between them:

(i) transportation infrastructure and its governance, marketplace policies, border management, security and emergency preparedness, land use, economic policies and labour market issues, to the extent that those matters impact on the effectiveness of the Pacific gateway, and

(ii) international trade promotion, sectoral cooperation agreements with Asia-Pacific economies, standards harmonization, innovation and the promotion and marketing of the Pacific gateway, to the extent that those matters impact on the Pacific gateway’s contribution to Canada’s prosperity;

(b) promote consensus among interested stakeholders and raise awareness among decision makers regarding solutions to prob­lems identified by the Council; and

(c) promote collaboration, engagement and complementarity of activities with existing networks of stakeholders that have an interest in the Asia-Pacific region or Canada’s Pacific gateway.

(2) In carrying out its mandate, the Council shall take into consideration any relevant policy of the Government of Canada.

6. (1) The Council shall consist of the following members:

(a) a chairperson, appointed to hold office during pleasure by the Governor in Council, on the recommendation of the Minister;

(b) seven individuals — appointed to hold office during pleasure by the Governor in Council, on the recommendation of the Minister — one from each of the following:

(i) the transportation sector,

(ii) the Western Canada business community,

(iii) international trade experts,

(iv) organized labour,

(v) the municipal sector,

(vi) the Canadian business community, and

(vii) security and emergency preparedness experts;

(c) two individuals from British Columbia and one from Alberta, Saskatchewan and Manitoba, all five of whom are appointed to hold office during pleasure by the Governor in Council, on the recommendation of the Minister made after consultation with the government of the province from which the individual is appointed;

(d) the Chairperson of the board of directors of the Asia-Pacific Foundation of Canada; and

(e) a secretary, employed in the federal public administration and designated by the Minister.

(2) The Minister may designate, for a period not exceeding 90 days, an alternate to exercise the powers and perform the duties and functions of the chairperson in the event of the chairperson’s absence or incapacity.

(3) An individual is not eligible to be appointed as a member of the Council or to be designated as an alternate for the chairperson if the individual

(a) is a member of the Senate, the House of Commons or the legislature of a province; or

(b) with the exception of the secretary, is an employee, agent or mandatary of Her Majesty in right of Canada or of a province.

(4) The members of the Council shall perform their duties and functions on a part-time basis.

(5) Each member of the Council, other than the secretary, may be paid the remuneration, and reasonable travel and living expenses incurred by the member in the performance of duties and functions, that may be fixed by the Governor in Council.

(6) The secretary is a non-voting member of the Council.

7. The responsibilities of the Council include establishing

(a) its strategic directions and goals;

(b) a financially feasible annual plan of its activities, after consulting with the Minister, the other federal Ministers, the governments of British Columbia, Alberta, Saskatchewan and Manitoba, and the Asia-Pacific Foundation of Canada; and

(c) quality controls for its work.

8. (1) The Council shall meet at the times and places that the chairperson considers necessary, but it shall meet at least twice in each year in Vancouver, British Columbia or in the surrounding area.

(2) The chairperson shall preside at the meetings.

(3) At the meetings, 10 members constitute a quorum.

(4) In the event of a tie on any matter, the chairperson has a second vote or may defer making a decision.

9. The secretary shall have supervision over activities undertaken to assist the Council in achieving its mandate and shall, for that purpose, have his or her office in Vancouver, British Columbia or in the surrounding area.

10. (1) The Council, for the purposes of carrying out its mandate, shall establish two advisory committees to be known as the Pacific Gateway Transportation Advisory Committee and the Pacific Gateway Opportunities Advisory Committee, and may establish any required ad hoc study panels.

(2) The Pacific Gateway Transportation Advisory Committee shall, on the request of the Council, provide information to assist the Council in developing policy analysis and advice respecting the effectiveness of the Pacific gateway. The committee shall consist of individuals appointed by the Council who, in the opinion of the Council, will contribute to the work of the committee, including individuals from each of the following:

(a) the municipal sector;

(b) the railway sector;

(c) the port and shipping sectors;

(d) the air transportation sector;

(e) the trucking sector;

(f) the transportation logistics sector;

(g) transportation user groups;

(h) the aboriginal community;

(i) environmental experts; and

(j) security and emergency preparedness experts.

(3) The Pacific Gateway Opportunities Advisory Committee shall, on the request of the Council, provide information to assist the Council in developing policy analysis and advice respecting the identification of opportunities for Canada to take full advantage of the Pacific gateway. The committee shall consist of stakeholders who, in the opinion of the Council, will contribute to the work of the committee.

(4) Any ad hoc study panel that is established by the Council shall provide advice and assistance to the Council on any issue that the Council may determine. An ad hoc study panel shall be presided over by a member of the Council and shall consist of other individuals who, in the opinion of the Council, have relevant knowledge of the issue.

(5) The members of each committee and of any ad hoc study panel may be paid the remuneration, and reasonable travel and living expenses incurred by the member in the performance of duties and functions, that may be fixed by the Governor in Council.

11. (1) The Minister may direct the Council to provide policy analysis or advice on any matter within its mandate, and recommend that the Council use certain criteria for policy advice and analysis respecting the merits of the investment of public funds in transportation.

(2) Before making the direction or recommendation, the Minister shall consult with the other federal Ministers and the governments of British Columbia, Alberta, Saskatchewan and Manitoba.

12. The Council shall, at least 14 days before making public any document containing policy analysis or advice, provide a copy of the document to the Minister, the other federal Ministers and the governments of British Columbia, Alberta, Saskatchewan and Manitoba.

13. (1) The Minister shall, within five years after the day on which this Act comes into force, cause a review of the activities and organization of the Council to be undertaken.

(2) The Minister shall, within six years after the day on which this Act comes into force, cause a report to be prepared on the basis of the review.

(3) The Minister may, after consultation with the other federal Ministers and the governments of British Columbia, Alberta, Saskatchewan and Manitoba, designate a person or organization to conduct the review and prepare the report.

(4) The Minister shall cause a copy of the report to be laid before each House of Parliament within the first 30 days on which that House is sitting.

14. This Act comes into force on a day to be fixed by order of the Governor in Council.