Bill C-33

Strengthening the Port System and Railway Safety in Canada Act

An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

This enactment amends several Acts in order to strengthen the port system and railway safety in Canada.
The enactment amends the Customs Act to require that, on request, any person in possession or control of imported goods make those goods available for examination in accordance with regulations and deliver those goods, or cause them to be delivered, to a secure area that meets the requirements set out in regulation.
The enactment also amends the Railway Safety Act to, among other things,
(a) add a definition of “safety” that includes the concept of security;
(b) prohibit interference with any railway work, railway equipment or railway operation, or damage or destruction of any railway work or railway equipment, without lawful excuse, in a manner that threatens the safety of railway operations;
(c) prohibit behaviour that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment and unruly behaviour toward employees, agents or mandataries of a company;
(d) authorize the Minister to order a company to take necessary corrective measures if the Minister believes that
(i) a measure taken by the company in relation to a requirement of a regulation made under subsection 18(2.1) has deficiencies that risk compromising the security of railway transportation,
(ii) the security management system developed by the company has deficiencies that risk compromising railway security, or
(iii) the implementation of the company’s security management system has deficiencies that risk compromising railway security;
(e) authorize the Minister to grant, refuse to grant, suspend or cancel a transportation security clearance;
(f) strengthen the administrative monetary penalty regime; and
(g) require a review of the operation of the Act every five years.
The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,
(a) require persons who import, offer for transport, handle or transport dangerous goods to register with the Minister;
(b) provide to the Minister powers relating to the management of safety risks; and
(c) establish an administrative monetary penalty regime.
The enactment also amends the Marine Transportation Security Act to, among other things,
(a) set out the Act’s purpose and allow the Minister of Transport to enter into agreements with organizations in respect of the administration and enforcement of the Act;
(b) set out regulation-making powers that include powers respecting threats and risks to the health of persons involved in the marine transportation system, the sharing of information and the establishment of vessel exclusion zones;
(c) authorize the Minister to make interim orders and give emergency directions and modify the Minister’s power to give directions to vessels; and
(d) create new offences, increase certain penalties and extend the application of certain offences and the administrative monetary penalty regime to vessels.
The enactment also amends the Canada Transportation Act to, among other things,
(a) specify that the Minister may use electronic systems in making decisions or determinations under an Act of Parliament that the Minister administers or enforces and provide that a power of entry into a place under such an Act may be exercised remotely by means of telecommunications; and
(b) reduce the threshold above which the Minister and the Commissioner of Competition must receive notice of proposed transactions relating to a port.
The enactment also amends the Canada Marine Act to, among other things,
(a) set out that port authorities are responsible for management of traffic and create regulatory authorities respecting fees and information and data sharing in respect of that management;
(b) provide the minister with the power to require, by order, the taking of measures to prevent imminent harm to national security, national economic security, or competition; and
(c) require port authorities to establish advisory committees, which must include representatives from local Indigenous communities, require periodic assessments of port authorities’ governance practices and set out new requirements respecting plans and reports relating to climate change.
Finally, it makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act .

[Lisa Setlakwe]

We have advanced some regulations through Bill C-33, which is in the House now. It is making its way through.

Part of that will allow for greater authorities for us to direct certain actions if events are taking place. It will also allow for better information sharing and for requiring operators to do certain things, depending on what the science is telling us and on what the implications are for the north and the Arctic.

We are—

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I appreciate my hon. colleague's very sincere effort, I am sure, to lay that on the record. I am sure he is in shock that there was not unanimous consent. However, my hon. colleague can rest assured that, when it comes to climate change, we will not allow inaction to be the rule of the day and that we will absolutely continue to take action to make sure climate change does not ravage this planet.

I do want to pick up on the second-last comment that the hon. opposition House leader made, which were comments with respect to Family Day. I hope that he, and indeed all members in the House, take time with their families and with their constituents, and that they return to this place in good health.

Tomorrow, we will resume debate on Bill C-34 to amend the Investment Canada Act at second reading.

Upon our return on Monday, March 6, we will call Bill C-27 on the digital charter, at second reading.

Tuesday shall be an allotted day.

On Wednesday, we will commence debate on Bill C-33 concerning the port system and railway safety.

Thursday will not only be the opportunity for my hon. colleague's favourite time of the week, another Thursday question, but we will also resume debate on Bill C-23 respecting historic places, at second reading.

On Friday, we will continue second reading debate of Bill C-26, the cybersecurity legislation.

[Vance Badawey, Liberal, Niagara Centre, ON]

Thank you, Mr. Chairman.

Thank you to all the witnesses for coming out today.

I will be splitting my time with Mr. Chahal. Hopefully, we'll have two and a half minutes each, so I'll be brief.

Mr. Minister, again, welcome.

Mr. Minister, with respect to Bill C-33.... As you know, because you were a great help with some of the initiatives that we were beginning to work on in the Niagara region, with your help, we facilitated a partnership between the cities of Port Colborne, Welland, Thorold and the Hamilton-Oshawa Port Authority to establish the Niagara Ports multimodal trade corridor.

Minister, again as you know, with your help, the strategy was created and established, and it strengthens Niagara's overall economy, including our supply chain. It is creating over 10,000 jobs over the next decade. These are new jobs over and above what we have right now throughout the region. I'll report that this growth has already begun to occur within the jurisdictions of all the partners, across the Niagara region and, quite frankly, predominantly across southwestern Ontario.

Minister, with Bill C-33, how do you see this legislation strengthening the future of this trade corridor?

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Thank you, Mr. Chair.

I thank you, Minister, and your officials for being with us today.

I want to start with Bill C-33.

I appreciate that you're grateful for the committee's work. However, our report included 20 recommendations on rail safety. My read of Bill C-33 is that it doesn't address a single one of those recommendations.

Why is that?

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Thank you, Minister.

I'd like to go now to supply chain reliability and predictability, which you talked about. I think they're critical here. We'll have time to discuss whether Bill C-33 actually addresses those things. We'll save that for your next meeting here.

I do want to talk about the global context, and the national supply chain task force addressed this. Any time that the reliability and predictability of our supply chain is threatened, it impacts the Canadian economy; it impacts, for months, the reliability and efficiency of our system. By my count, you have 18 collective agreements expiring on December 31 that are in the transport-federal sphere. Many of them relate to the rail sector.

I haven't seen anything that indicates that the government is taking this seriously. Certainly, in the U.S., we've seen very aggressive actions taken by President Biden and Congress. What are we doing to ensure that our system is reliable as we see all of these labour agreements coming to an end in just a few weeks' time?

[Omar Alghabra, Liberal, Minister of Transport]

Thank you, Mr. Chair.

Good afternoon, colleagues. It's great to be back with you.

Thank you for inviting me here to speak about the supplementary estimates (B) for Transport Canada and other agencies and Crown corporations within the federal transport portfolio.

I am also pleased to introduce the officials who are here with me from Transport Canada: Michael Keenan, deputy minister; Ryan Pilgrim, assistant deputy minister, corporate services, and chief financial officer; Nicholas Robinson, associate assistant deputy minister, safety and security; and Stephanie Hébert, assistant deputy minister, programs.

Mr. Chair, in past appearances before this committee, I’ve talked about how the COVID-19 pandemic, extreme weather events and Russia’s illegal invasion of Ukraine have caused global supply chain disruptions that affect our supply chain here at home. Our government understands the impact that these challenges can have on Canadians, including the rising costs of living.

I’ve also stressed that the safety and security of the transportation system is my highest priority.

That's why I was pleased to introduce Bill C-33, the Strengthening the Port System and Railway Safety in Canada Act.

It addresses both of these priorities.

Bill C-33 would strengthen our supply chain, make Canada’s transportation system more competitive and ensure that its operations are safe, secure, efficient and reliable. I look forward to seeing the legislation progress, as it would keep essential goods flowing and make life more affordable for all Canadians.

I also recognize the need to keep people moving. You will notice the high-frequency rail project mentioned a number of times in the supplementary estimates for both Transport Canada and VIA Rail.

As outlined in budget 2022, after years of important work, the time has come for some big steps forward for this major project. The high-frequency rail project would see a new, dedicated intercity passenger rail network connecting Toronto, Peterborough, Ottawa, Montreal, Trois-Rivières and Québec City. It would allow for faster, more frequent and more reliable trains with better service to major hubs and new links to communities.

There are funds in the supplementary estimates to support the procurement process and to select a private development partner to co-develop the project with the Government of Canada. A collaborative public-private partnership will help to maximize the project’s benefits for all Canadians.

A new VIA Rail subsidiary will serve as the project delivery office and will serve as the strong public sector counterpart to a private development partner.

The funding would also support important activities like work on the impact assessment process, indigenous consultations, development of socio-economic benefits, municipal and public engagement, access to railway infrastructure and rail safety updates. Funding in the supplementary estimates would also help with work to assess opportunities for improving passenger rail service in southwestern Ontario.

HFR represents a major investment.

The HFR is the biggest investment in passenger rail in Canada in a generation. VIA Rail and its employees will continue to be key partners in this project, and are essential to its success and advancement.

We are also seeking funds in this year's supplementary estimates to improve rail transportation for remote indigenous communities in northern Manitoba. The objective is to maintain safe, reliable, viable and sustainable transportation that meets the specific needs of communities between The Pas and Pukatawagan, supporting social and economic development. Many of these communities are only accessible by rail. They need this service to access economic opportunities and essential goods and services, including health care.

There's also a request in supplementary estimates (B) to support the extension of the oceans protection plan, as outlined in budget 2022.

The Oceans Protection Plan is the largest investment Canada has ever made to protect our oceans and coasts.

The new funding requested would further protect our coastlines and waterways in four critical areas: continuing efforts to deliver a world-leading marine safety system, including improving how Canada responds to marine emergencies; increasing protection for marine species and ecosystems; creating stronger partnerships with indigenous and coastal communities; and strengthening marine research and science.

This work would continue to help safeguard our oceans and coastlines, while enabling supply chain resilience and supporting economic growth. By renewing and expanding the plan, we are committing to build on the progress we have made since its launch in 2016.

Finally, I also want to mention our plan to accelerate the development of light, medium, and heavy-duty zero-emission vehicles, as detailed in budget 2022. This will be implemented through existing grant programming.

Canadians have made it clear. They want clear air, good jobs, and lower costs. By making zero-emission vehicles more affordable, we are helping to reduce pollution, create more well-paying jobs, and build a cleaner world for generations to come.

I am happy to answer any questions you may have.

Thank you.

Maritime Transportation

[Omar Alghabra, Liberal, Minister of Transport]

Mr. Speaker, over the last couple of years, we have seen global supply disruptions that have impacted our supply chains at home. Because of that, we have seen congestion at airports and an increased number of vessels anchored next to our coast.

I have been listening to constituents on the coast, particularly where the hon. colleague is raising the point. I want to assure her that we are putting together an action plan to address this. We tabled Bill C-33 just two weeks ago. It will introduce new tools to help mitigate the traffic of the vessels. We will work with her and constituents to make sure that we manage this adequately.

Strengthening the Port System and Railway Safety in Canada Act

[Omar Alghabra, Liberal, Minister of Transport]

moved for leave to introduce Bill C-33, An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act.

(Motions deemed adopted, bill read the first time and printed)