An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Lawrence Cannon  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Transportation Act. Certain amendments apply to all modes of transportation, including amendments that clarify the national transportation policy and the operation of the Competition Act in the transportation sector, change the number of members of the Canadian Transportation Agency, create a mediation process for transportation matters, modify requirements regarding the provision of information to the Minister of Transport and modify and extend provisions regarding mergers and acquisitions of air transportation undertakings to all transportation undertakings.
It amends the Act with respect to the air transportation sector, in particular, in relation to complaints processes, the advertising of prices for air services and the disclosure of terms and conditions of carriage.
The enactment also makes several amendments with respect to the railway transportation sector. It creates a mechanism for dealing with complaints concerning noise and vibration resulting from the construction or operation of railways and provisions for dealing with the transfer and discontinuance of operation of railway lines. It also establishes a mechanism for resolving disputes between public passenger service providers and railway companies regarding the use of railway company equipment and facilities.
The enactment also amends the Railway Safety Act to create provisions for the appointment of police constables with respect to railway companies and procedures for dealing with complaints concerning them.
In addition, it contains transitional provisions and consequential amendments.

Similar bills

C-44 (38th Parliament, 1st session) Transportation Amendment Act
C-26 (37th Parliament, 2nd session) Transportation Amendment Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2022) Law Online Streaming Act
C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act
C-11 (2011) Law Copyright Modernization Act

Votes

June 14, 2007 Passed That the amendments made by the Senate 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, be now read a second time and concurred in.
Feb. 21, 2007 Failed That Bill C-11 be amended by deleting Clause 5.
Feb. 21, 2007 Failed That Bill C-11 be amended by deleting Clause 3.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 1:50 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, I thank the hon. member for his remarks.

In my riding, trains pose a problem mainly in three large cities: Salaberry-de-Valleyfield, Beauharnois and Huntingdon. Three problems are especially serious: noise from marshalling during the day, in the evening, at night and on weekends; diesel fumes, which seriously bother people in their homes; and rail maintenance for civil security purposes.

Residents complain that the railway company pays little attention to them. Municipal elected officials feel totally powerless. On reading the bill, I was disappointed that clause 29, which has to do with train noise, does not restrict nuisances other than noise.

Does the hon. member not think that the Canadian Transportation Agency has sufficient credibility to be given jurisdiction over emissions and vibrations, for example?

Canada Transportation ActGovernment Orders

September 19th, 2006 / 1:55 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I can assure the member that this bill deals with noise. However, we are looking at other issues as well, and the committee itself has the authority to do that.

I want to assure the member and all people across Canada that it is not a complaint that happens in one or two places or one or two provinces; it happens everywhere. Citizens are concerned with what is taking place in relation to noise, in relation to fumes, in relation to vibrations. Indeed, each of the members of the committee came to me in the spring, as did many members of my caucus and other caucuses, and advised me of those concerns. It will be dealt with insofar as we are able to do so. We certainly are listening and will make changes in the best interests of those people who are affected.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 1:55 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I notice that Bill C-11 deals with the air transportation sector and complaints process. I am wondering if the parliamentary secretary could comment on the idea that Canada needs its own do not fly list.

I filed numerous complaints because somehow my name is on the do not fly list which will not allow me to get a boarding pass on a flight from my hometown to Ottawa within my own country. I do not know if it has anything to do with the revisions or the hearings leading up to this comprehensive bill which amends rail and air transportation, if any of that analysis dealt with the do not fly list, but it is crazy that a Canadian member of Parliament cannot get a boarding pass on a domestic flight within his own country because his name is on an American do not fly list.

What is the government doing about the do not fly list so that we can fly again in our own country?

Canada Transportation ActGovernment Orders

September 19th, 2006 / 1:55 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, we do not have a do not fly list. We are working on a passenger or preference list in essence. The situation as far as what the Americans do with their do not fly list is beyond the jurisdiction of this Parliament. Certainly, security is an issue that is foremost for the government. We will take it as a number one priority and all other issues that Canadians bring forward to the government we will act on.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 1:55 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I thank the hon. member for mentioning Air North in his list. That airline is half-owned by the Vuntut Gwitchin first nation. It is a very successful airline.

My last comment was on railroads and some people may wonder why. The Yukon Territory has a historic railway, the White Pass and Yukon Railroad, which was built during the gold rush. It is one of the engineering wonders of the world. There is also the potential of joining the Alaska Railroad, one of the few successful railways in North America, through the Yukon, to the B.C. rail system which ends almost at the Yukon border.

Would the member support that railway project that would open up the Yukon if we joined Alaska? It would be a visionary project for the country. People could go anywhere in Canada, right up to the Yukon by railway, if that project were to go ahead.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 1:55 p.m.

Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I cannot give specific authority on one particular railroad, but I can assure the member that this government listens to Canadians. This government is interested in doing what is best for Canadians.

Certainly as a northerner myself, I can assure the member that I do have places in my particular constituency, like Fort Chipewyan, that are inaccessible by any way except air, or snow in the wintertime of course. Any encouragement to open up the arteries to those areas would certainly be looked at.

In this particular case, it sounds like a very good idea and something that would open up the north, which is so important to our economic interests in the future. If the member wants to see me privately on that particular issue I can give him a briefing on that, and work cooperatively with all members in this House.

The House resumed consideration of the motion that Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 3:35 p.m.

The Speaker Peter Milliken

Order. When the bill was before the House before oral questions, the hon. Parliamentary Secretary to the Minister of Transport, Infrastructure and Communities had the floor for questions and comments consequent on his speech. There remain two minutes in the time allotted for questions and comments to the hon. parliamentary secretary. I therefore call for questions and comments.

There being no member rising, resuming debate. The hon. member for Burnaby--New Westminster.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 3:35 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to speak on Bill C-11. The NDP finds that there are some aspects of this bill that are worthy of consideration. I will address the aspects that Canadians might consider less interesting a little later.

The principle set out in this bill is that this is a government that listens. However, given the vote that has just taken place and the pressure that was brought to bear in all the proceedings surrounding the softwood lumber agreement, I am not convinced of this. In this corner of the House, we are in fact not convinced that this government is capable of listening to people.

An agreement has been made on softwood lumber that is in almost all respects bad for the Canadian softwood lumber industry. Nonetheless, and notwithstanding all the consultations that were held this summer at the Standing Committee on International Trade, it is clear that the government has not listened to people’s concerns and worries.

With respect to the question of Bill C-11, the same problems arise again, the same questions that arose in relation to transportation. For some months now, we have seen that the government is trying to weaken the regulations governing transportation, whether in relation to railways, aviation or marine transport.

This is what concerns the NDP. What we have is a government that does not listen and that does things backwards. We saw this when it came to the softwood lumber agreement. In fact, we have just had the first of several votes that will take place in the next few weeks. The Senate will then of course have to consider these questions. We are seeing the same thing in relation to transportation.

We therefore have concerns. Even though we are supporting Bill C-11 at second reading, we shall see, in committee, whether the government is capable of listening or whether, after only seven months in power, it is leading us back into the same situation as we had under the former Liberal government: no listening, no genuine consultation, no ability to understand its mistakes. Even though we are supporting the bill now, we are giving notice that our support is conditional on the improvements that we hope will be made to this bill at the next stage.

I would like to speak more specifically about some of the aspects of this bill that we support and some of the aspects of the bill that we are concerned about.

I will start with the issue of railway noise complaints. The legislation provides a mechanism, finally, for individuals and communities to make complaints about railway noise.

I come from the community of Burnaby—New Westminster. There are railway yards around the Westminster Quay area of downtown New Westminster. Many constituents have approached me, including Brian Allen and others, to raise very serious and very legitimate concerns about railway noise in their neighbourhood. They have tried to deal directly with the railways, as have I as their member of parliament, but there has not been a formal, structured mechanism in place to deal with the railway noise complaints.

In urban areas this is a matter of grave concern, when people cannot get the sleep they need. Families are working harder and harder in Canada now for less and less. Most Canadian families have seen their real income decline over the last 15 years and they have seen the hours of work per week increase. Now it is even more important in an urban setting that our constituents from coast to coast get the opportunity to have legitimate sleep when they need it.

Bill C-11 has a section that deals with railway noise complaints. It provides a mechanism for citizens who live in the Westminster Quay area or in South Burnaby who are near railway yards, particularly with railway shunting back and forth. They and their members of parliament will have a mechanism to try to resolve those noise complaints. This is welcomed and is one of the most positive aspects of Bill C-11.

A second element deals with mergers and acquisitions and provides for a public interest review process. This is important as well. We need to have much more public consultation, particularly when we talk about the transportation industry. Canada is a vast land, the world's largest democracy. We are linked together by our transportation modes. If there is any area of interest that unites Canadians from coast to coast to coast, it is in maintaining the safest and best possible transportation facilities in all areas of transport.

It is an important step forward to have the protection of a valid review process and public consultations when there are mergers or acquisitions in the transportation industry. That is also an element which we support, although in committee we will perhaps be looking at tightening what is currently stated in the legislation.

Another important component is a framework for passenger rail services. I come from an area which is served through TransLink by the West Coast Express. The West Coast Express is a very well run commuter railway operation that runs from Mission through to Vancouver. However, the West Coast Express has had some real difficulty having the kind of arrangement with the rail operators that allows access to the rail lines that it needs.

Bill C-11 provides a better framework for the kind of negotiations that sometimes take place between commuter rail services in our larger cities and the rail operators themselves. This is important. It is a benefit and an improvement. We would like to see this go further. We need that mechanism to allow the commuter rail services to negotiate directly with the rail lines, but we have to be aware that the public good has to be served as well.

There are cases where rail lines will be discontinued. We have to make sure that there is a public good, a public benefit, for example, urban bicycle paths.

My colleague, the member for Victoria, has raised the issue of ensuring that further to providing access to commuter rail when we are talking about discontinued rail lines, there should also be access to the public in general as another alternative through various facilities, bicycle paths or rail paths themselves. The member for Victoria has been effective in articulating this.

We would like to see something in the legislation to advance that right, that if the rail line is not being used for rail purposes, not being used for commuter rail, there are other alternatives for the public good that must come first. The improved framework is a good first step for that, and another element why at this stage, in any event, we will be looking at supporting the legislation so it moves forward.

In terms of the advantages, the bill itself speaks to greater transparency in advertising airfares. This is an important component. Consumers need to be aware of how much they are paying for tickets. We do not want to see hidden costs. Greater transparency undoubtedly would be an advantage. However, I say that this is an advantage if we are looking at the type of regulation that provides greater transparency.

The unfortunate aspect, something that the transport committee will have to look at in much more detail, is the idea of integrating the complaints function of the Air Travel Complaints Commissioner into the Canadian Transportation Agency. I am not convinced that this provides for the transparency of which the government is speaking. I have some concerns. At committee we will be expressing those concerns, bringing the appropriate witnesses forward to examine whether that is the best mechanism, whether expanding the office of the Air Travel Complaints Commissioner, expanding those powers or providing for other methods of dealing with the same transparency better serves the travelling public.

The principle is there. We in all four corners of the House want to see transparency on airfares so that members of the public know what they are paying when it is being advertised that there are no hidden fees. I should add that hidden fees include the fees that Canadian passengers are paying on airlines for things like headsets, to eat, to get a glass of water, to get a pillow or a blanket. Increasingly there are fees for the simple fact of travelling on that transport and those are fees that need to be taken into consideration.

I was on a flight from Quebec City to Vancouver, back to my riding of Burnaby—New Westminster. One gentleman joked that he was being asked to pay for his pillow and blanket and soon passengers would be asked to bring their own chairs. This is a good point. The situation now is that members of the travelling public are being asked to pay fees that they should not have to pay once they have purchased their tickets. They should not have to pay for a pillow or a blanket. They should not have to pay to get some chips or some water. They should not have to pay these small costs. If the air transporters want the consumers to pay those fees, they have to be front and centre.

One can imagine that with completely transparent advertising it would be very difficult for an airline to say that passengers will have to pay $2 for this, $3 for that and $5 for something else. Those hidden fees would be forced away by having that transparency because it would not be to the competitive advantage of the airline to gouge members of the travelling public once they were on board.

Greater transparency in advertising is a component that we support. We do question whether the best method is through the Air Travel Complaints Commissioner through the Canadian Transportation Agency. Hopefully this will be sorted out during the committee process. We look forward to participating in that.

We have concerns about other areas. We will raise questions and possibly amendments as well.

On the grain revenue cap adjustment, we have concerns about how that might be dealt with. As I expressed at the beginning, we have concerns about the government's ability to listen. Certainly with respect to the Canadian Wheat Board and supply management there have been major concerns about how the government deals with the preoccupations and concerns of rural Canada. Though in principle having that adjustment is important to us, we want to see in very strict details how that would work in practice and whether there would be honest public consultation around it.

I mentioned the question around advertising airfares and the air complaints function. Again the same question is raised, whether the best mechanism for air complaints is through the Canadian Transportation Agency and the Air Travel Complaints Commissioner. It is something that will come out through the committee hearing process in which we will be very pleased to participate.

Finally, in terms of the exact details of Bill C-11, the details that we have concerns about are around the national transportation policy statement, which was very specific on the private sector's contribution to transport policy and mum on the whole impact and the importance of the public sector.

We in this corner of the House are not caught up in the ideology, that it has to be the private sector. There are many things the private sector cannot do as well as an efficiently run, effective public sector. That is why over a 20 year period, the best financial managers in Canada were NDP administrations. Despite the flop of the Bob Rae government in Ontario, which was due a lack of leadership, when we take the actual fiscal period returns of all the NDP administrations from 1981 to 2001, we see that Liberal governments across the country were in deficit 85% of the time. The Conservative governments over that period of time were in deficit 66% of the time. They did not balance the books. NDP administrations, most of the time, balanced the books.

We have the best track record in financial administration and we are proud of that, but we also believe in a very prudently run, effective public sector. Our concern around the national transportation policy statement is that it does not reflect the importance of the public sector working with the private sector to ensure that we have the kind of safe, effective and accessible transportation system that should exist for Canadians from coast to coast to coast.

In no country on this planet is transportation as important as it is in Canada. We are a vast land. We are the largest democracy. Throughout that vast land, transportation infrastructure is of primary importance. We profoundly believe that we need a national transportation policy statement that actually reflects the importance of the private and public sectors working together and that there has to be an effective public sector to ensure that we do get the kind of effective transportation infrastructure that we need to have. That is something we will be looking at as well in committee and it is something about which we are concerned.

I want to say a few words about the general direction. I talked about Bill C-11 and I have talked about some of the elements we support, some of the elements to which we will be looking at providing changes and improvements. Our role in this Parliament is to ensure that we get the best possible policy. New Democrats are not ashamed to work very hard to ensure that we get the best policy process.

Despite Bill C-11, we have concerns over the general transportation thrust of the government. I will raise some concerns that we have raised in the House and that we continue to raise. To date we have not received the response that we believe a prudent and responsible government should give.

The first is the issue of railway safety. Because of self-managed railway systems and a cutting back of that important public sector role to watch over our transportation sector and ensure that it is as safe as possible, what we have seen is railway accidents are on the rise. In 2005 we saw the highest number of railway accidents in nearly a decade, much higher than the 10 year rolling average that existed before.

We have seen an increase in railway accidents. We have seen, tragically, deaths in the Fraser Canyon this summer. We have seen environmental damage such as the Cheakamus Lake in the Squamish Estuary and Lake Wabamun in Alberta. We have seen consistently a greater number of railway accidents over the last few years. This is a matter of some concern.

We have called for an inquiry. The government has not responded. We have called for the tightening of railway regulations and we have seen very little response and activity from the government. That is a matter of very real concern because people's lives are at stake. The well-being of communities is at stake when we see the kind of environmental damage, when we see the lives lost most recently.

It is a tragedy and we need to deal with it. We will be repeating the call for a public inquiry because we do not believe the existing lack of regulations in rail transport is to the public advantage. Obviously, if the number of accidents are on the rise, the number of fatalities are on the rise and environmental damage is on the rise, there is a problem. A responsible government deals with the issue. We certainly hope the government will deal with this issue, and quickly.

Second, there is the entire question of regulating air transportation. We talked about precisely that last June at the Standing Committee on Transport. We talked about the government’s plan, or objective, of reducing the number of flight attendants on Canadian aircraft. This is a major concern. We know very well that a large majority of Canadians are opposed to this measure.

A survey was done on these questions in June 2006. Respondents were asked whether they wanted to keep the existing Canadian regulations or wanted regulations similar to the ones in the United States. And 69% of Canadians wanted to keep the existing regulations in relation to flight attendants. Only 19% of Canadians wanted regulations like the ones in the United States.

When we consider all these questions, that is, whether safety standards have to be lowered so that airlines can continue to be competitive, 72% of Canadians are opposed to it.

Because of how this government seems to do things, we are indeed hoping to be able to change its perspective. We support Bill C-11, but it remains to be seen whether the government will listen to our concerns and make the changes that are called for.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 4 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I just caught the last few minutes of the hon. member's speech, but I want to take him to task a bit on one aspect of that, and that is the issue about flight attendants.

Given the current climate of rampant anti-Americanism promoted by some parties in this House, if we ask Canadians whether they want something more like Canada or more like the U.S., we will get a biased answer. With respect to the question of flight attendants, the question should be: Do we want Canadian airlines to have the same standards as every other air transport jurisdiction in the world when it comes to the number of flight attendants per passenger, or do we want Canadian airlines to simply stick with the Canadian system which is 40:1 versus 50:1?

Does my hon. colleague understand that every other air transport jurisdiction in the world adheres to the 50:1 ratio?

Canada Transportation ActGovernment Orders

September 19th, 2006 / 4 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, that is just not true and the hon. member should know that. In Australia the standards are actually tighter than they are in Canada. It is just not true that those standards are universal. There are other jurisdictions that have safer standards.

He raised the point of what the question was. I raised the comparison of Canadian standards as opposed to American standards. Another question that was asked was whether Canadian airlines should lower their safety standards to stay internationally competitive. Seventy-two per cent of Canadians opposed that: 65% of males and 78% of females. In all the generations, regardless of the age group, Canadians disagreed. In fact, I think most Canadians would be in line with the NDP perspective on this.

We have competitive international airlines because we have the safest standards in the world. If Canadians know our airlines are safer than the airlines of any other country, then our Canadian airlines will have a major competitive advantage. That is something the NDP stands firmly behind. It is not a question of cutting back on safety standards to save a few cents. It is a question of ensuring we have the safest possible transportation structure, and that becomes a competitive advantage.

We have seen over the past few months some of the problems that exist already within the airline industry. The government has been talking about the potential of cutting back on safety standards, of bringing in self-managed systems similar to what we have seen in rail. We have seen the deterioration of safety standards with respect to rail. We have seen a rise in accident rates and fatality rates as well as a rise in environmental damage.

Why would the government act like the previous government and diminish safety standards? People have raised concerns about some of the airlines flying out of Toronto like Air Canada Jazz, and concerns exist now. We should be moving forward to tighten safety standards, not loosening them. Clearly, most Canadians agree with our stand.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 4 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I thank the member for his insight into the speech, particularly with regard to the consumer issues.

The member will know that under current section 85.1 there is the provision for the complaints commissioner, which was a temporary post established back in the year 2000 when Canadian Airlines was taken over by Air Canada. As a consequence, since the marketplace has somewhat stabilized, new clause 25 in the bill will effectively eliminate the position of the Air Travel Complaints Commissioner.

The airline industry continues to be a volatile industry. I am wonder whether there is argument still to be made that having a specific travel complaints commissioner for the public to focus its attention to still may well serve Canadians.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 4 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the hon. member is my neighbour in the Confederation Building so I always appreciate him rising to speak on this issue.

I raised this during my initial speech. The question of how most effectively to deal with the issue of air complaints is important to us, so we will be very closely monitoring and ensuring that, through the committee process, we get the best possible witnesses forward to really comment on what would be the most effective route forward.

We want to ensure that there is an air complaints mechanism that is better than what we have now. We want to ensure that passengers, the travelling public, are better protected and have better mechanisms or better ways to follow up if they have concerns.

I would like to read for the record, because I did not get a chance during my speech, an article in the Toronto Star of a few months ago on these increasing violations within the air safety sector. It states:

Transport Canada data show a steady increase in the number of alleged violations of Canadian aviation regulations such as improper maintenance checks and pilots taking off or landing without air traffic control authorization....

According to the Transportation Safety Board of Canada, the number of fatal aircraft accidents was up 48 per cent between 2004 and 2005, from 27 to 40.

These are the kinds of concerns that we are bringing forward. We are seeing the same kind of escalation in air safety as we have seen in rail safety and we do not want to see the government take the same ill-thought, ill-judged routes that we saw on rail safety, where it is diminishing standards and increasing accidents.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 4:05 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, the question I wish to put to my colleague is simple.

Bill C-11 is supposed to amend the Railway Safety Act. But the only amendment is that it allows the presence of police officers to supervise the railway companies’ property. So there really is not anything in this bill to make poorly maintained tracks more secure or to increase security.

So I ask my colleague to confirm what I am advancing.

Canada Transportation ActGovernment Orders

September 19th, 2006 / 4:05 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I thank my colleague, the Bloc transportation critic, for his question. This is indeed a shortcoming in the existing legislation. He is quite right.

Now these are aspects that have to be reviewed in committee. I know that the member will take part to the same extent as I in attempting to improve this bill. There are of course some positive aspects, but also some shortcomings and things to be changed.

Still, the big question is knowing whether the government will agree to listen to the recommendations of the Standing Committee on Transport, Infrastructure and Communities and the improvements it proposes. That is the big question. I hope so, but some concerns remain because of what we have seen in the last few months in this House.