Mr. Speaker, it is my pleasure to speak to Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts.
I want to point out at the outset that the Bloc Québécois supports this bill in principle. Naturally, more in-depth consideration is advisable in order to grasp all aspects of the bill. Amendments will likely be necessary to improve it. But on the whole, as I said, the Bloc Québécois supports it in principle.
I want to make clear that my remarks will focus exclusively on the part of this bill dealing with railway noise, specifically clause 29. As we all know, the racket made by trains is a widespread problem. My riding of Drummond is unfortunately faced with such a problem.
Located close to Drummondville, the community of Saint-Germain de Grantham in particular is seriously affected throughout its jurisdiction. This is a rural community of nearly 4,000, with five railway crossings. The railway goes through it over a stretch of 8.5 kilometres, running alongside hundreds of homes.
Train whistles can be heard from one end of Saint-Germain de Grantham to the other at all hours of the day and night. There are engine noises, bells, squealing brakes, vibrations, smells, and the sounds of iron hitting iron. One can easily imagine what residents of that municipality must put up with. And because Saint-Germain de Grantham is in the middle of a boom, the problem is only getting worse. More and more residents are forced to endure this noise pollution.
Everyone recognizes that rail traffic is a necessity and that it contributed to the development of several municipalities. Everyone also acknowledges that rail safety is very important. However, the rights of those residents affected cannot be ignored. Solutions to this noise problem exist and must be brought forward. The quality of life of citizens must be considered in this debate. The interests of rail companies and the pursuit of economic development cannot be the only acceptable arguments. We cannot ask the people of Saint-Germain de Grantham, who are my main concern here, to pay such a high price.
What power do they have against the rail companies? The power to discuss and negotiate, but that may not be enough. When the power to make decisions lies only with the other party, abuses can occur.
Let us review how Saint-Germain de Grantham has attempted to deal with this problem.
In 1993, residents wrote to CN to complain about the noise. They received no response.
In 1994, the municipality requested that train whistling be eliminated, at least at night. In its response, CN said that each level crossing would have to be inspected.
In 1996, three level crossings were inspected, and it was found that constant warning time devices and barriers would have to be installed.
In 1997, these devices were installed at two level crossings.
In 1999, the municipality asked me to intervene on its behalf to have the devices installed on the third level crossing. The minister responsible at the time said that even though the crossing was near Saint-Germain's urban area, it was not considered a priority. At the same time, CN demanded a $2,000 dollar report on the possibility of enacting a regulation to eliminate train whistling.
Work was done on the third level crossing a few years later.
In 2004, at the municipality's request, I wrote to CN asking what more Saint-Germain de Grantham had to do to put a stop to train whistling within municipal boundaries. A stakeholder meeting was arranged, and it turned out that improvements would have to be made to yet another level crossing to fulfill the requirements.
Steps were taken to get this done, but funding was delayed and still has not come through.
So, the municipality is waiting. In the meantime, the train is whistling away, and the people are suffering.
In fact, early in 2006, a citizen wrote the city council, reminding it that the people of Saint-Germain de Grantham have been asking for 13 years that trains stop whistling. We can only sympathize with their frustration and despair. “When can we hope to finally be free of noise pollution from trains when we sleep?”, she asked the council.
In bringing up such representations, we realize that there really is not much the municipality of Saint-Germain de Grantham and its residents can do. What can one do against a giant like the CN?
They are also dependent on government decisions about grants, because this kind of work is very expensive. At the same time, it is important to point out that all this work is designed to enhance public safety, thus improving the railways' quality of service. Following the same logic, this work also has to help ensure that the quality of life of our fellow citizens is respected.
These people need a mechanism through which they can make themselves heard. They need a mechanism to increase their strength and add weight to their legitimate demands.
The provision contained in Bill C-11 which deals with railway noise is giving these people some hope. Clause 29 of the bill gives the Canada Transportation Agency the authority to investigate complaints about unreasonable noise, with a view to forcing railway companies to make changes to prevent unreasonable noise.
This clause gives the Canada Transportation Agency jurisdiction to weigh the need to allow railway companies to operate against the right of those living alongside railroads to quiet enjoyment. The agency will therefore be able to force rail transportation companies to make changes to limit the noise associated with their operations.
The municipality of Saint-Germain de Grantham has carried out all the work requested over the years. Major changes have been ordered over the past 13 years. After the work was completed, more was ordered.
These men and women are right to be angry today. They want their questions answered. This little game of delays and grant requests has to stop. The time has come to show them some respect. I hope that Bill C-11 will make that possible.
They have been patient enough. They have paid enough.
In 2005, l'Union des municipalités du Québec prepared a brief regarding Bill C-44, which was also introduced to amend the Canada Transportation Act and the Railway Safety Act.
The Union claimed that:
Railway companies under federal jurisdiction are not subject to any legislation governing damage caused by their activities. They are like aliens in our regions. This situation was confirmed in a December 2000 decision made by the Federal Court of Canada in Oakville, Ontario, which deprived the Canada Transportation Agency (CTA) of its power to make decisions concerning irritants, such as the noise arising from railway activities.
The Union des municipalités du Québec also pointed out the fact that a number of municipalities have failed to reach agreement with the railway companies and Transport Canada on the requirements for a no-whistle by-law. In this respect, the UMQ recommends that the CTA be given authority to examine any request to prohibit the use of train whistles within the limits of a municipality in the event that the municipality, railway company and Transport Canada fail to reach agreement concerning the requirements and conditions of a no-whistle by-law.
I wish to conclude by indicating that I am in favour of the principle of Bill C-11 as it will give citizens of Quebec and Canada some power in dealing with railway companies.
I am in favour of this bill because I want the citizens of Saint-Germain de Grantham, after 13 years of negotiating, searching for solutions and hard work, to be heard and to have their rights acknowledged.
I believe that it is our duty as parliamentarians to provide such legislation. It is our responsibility to meet the legitimate expectations of the residents in our ridings