Bill C-3 (Historical)

International Bridges and Tunnels Act

An Act respecting international bridges and tunnels and making a consequential amendment to another Act

This enactment establishes an approval mechanism for the construction, alteration and acquisition of international bridges and tunnels and provides for the regulation of their operation, maintenance and security.

International Bridges and Tunnels Act

[James Lunney, Conservative, Nanaimo—Alberni, BC]

Mr. Speaker, I am pleased to speak in support of Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act.

The bill was first tabled on April 24 and it would establish an approval mechanism for the construction, alteration and acquisition of international bridges and tunnels and would provide for the regulation of their operation, maintenance and security. I want to commend the minister for the speed in which he introduced the bill following the federal accountability act.

Previously, these important clauses were part of a more general omnibus bill, referring back to the 38th Parliament, where they were part of an act to amend the Canada Transportation Act. In that form, both Bill C-26 and Bill C-44 died on the Order Paper when the election writ was dropped, which concluded the 38th Parliament. These bills that the previous government had brought forward had the disadvantage of being complicated omnibus bills. They covered a whole range of issues.

I would say that the bill before us today, Bill C-3, is a concise bill. It has some 60 clauses and addresses the issue rather concisely. These 60 clauses address issues such as the construction and alteration of international bridges, maintenance and repair, security and safety, change of ownership, operator control, incorporation by letters patent and shares of a corporation. It is a housekeeping bill but it puts in order a very important aspect concerning transportation across borders, our economy and our trade with our largest neighbour.

Therefore I applaud the minister for bringing this important bill forward. It is clearly a priority for the minister and our government and I am pleased to be able to speak today in support of the bill.

The member for Thunder Bay—Rainy River, who spoke earlier, raised concerns about tolls on international bridges as being disincentives for visitors, transportation and commerce, and that is a concern, but I suggest to him that our infrastructure needs have to be supported somehow. The residents of Vancouver Island where I live have a huge disincentive for all commerce and visitors visiting Vancouver Island. We do not have a bridge. We have ferries that cost the average family per crossing about $50 per trip each time they come and go from the island. A transport truck coming on the island has a disincentive we might say of $150 to come to the island and we know that drives the cost of our fuel and our food supplies up on Vancouver Island.

We understand that tariffs are a problem and are certainly a problem across the country but somehow we need to come up with the funds to support infrastructure. It is a problem that many communities have to deal with.

Nothing man builds lasts forever. I suppose this is particularly true of bridges and tunnels. Our harsh climate, the pounding of trucks and cars have an exacting toll on our transportation infrastructure. The condition of Canada's aging infrastructure has increasingly become a major issue for governments and for the motoring public.

A 2006 study conducted by Statistics Canada points out that although the condition and calculated age of roads and highways has improved, bridge infrastructure has been falling behind. This study indicated that in 2003 Canadian bridges had reached only 49% of their useful life with a calculated average age of 22.6 years over a service life of 46 years. Federal bridges, which accounted for about 3% of the total stock, had an average age of 26.4 years compared with 24.6 for provincial bridges and 19 years for municipal bridges.

As a result of a previous government's priorities between new construction and maintaining existing facilities, between 1992 and 1997 I note that the federal government spent 77% of its bridge funds on new construction and only 23% on renovations.

I just want to remind members that in 2005 the United States remained by far Canada's most important trading partner and represented more than 70% of all of our international trade in value. The majority of this trade is carried by truck and a high percentage of these trucks cross international bridges.

If we look at the age of some of these bridges, it is apparent that many of these structures have been in existence a very long time. The four busiest international border crossing points for trucks include the Ambassador Bridge between Windsor and Detroit; the Blue Water Bridge between Point Edward/Sarnia and Port Huron, Michigan; the Peace Bridge between Fort Erie and Buffalo; and the Queenston-Lewiston Bridge also in Ontario.

The Ambassador Bridge, which carries over 25% of our trade to the United States, was constructed in 1929. The Blue Water Bridge, which carries about 13.4% of our trade, was built in 1938, and the second span in 1997. The Peace Bridge in Fort Erie was built in 1927. The Queenston-Lewiston Bridge was built in 1962.

Other key border structures include the Detroit-Windsor Tunnel, which was constructed in 1930; the International Bridge in Sault Ste. Marie, which was built in 1962; the bridge between Edmundston, New Brunswick and Madawaska, Maine, which was built in 1921; and the Clair, New Brunswick to Fort Kent, Maine bridge, which was built in 1930.

We appreciate that there has been ongoing maintenance and repair to these bridges during their existence. However, as bridge infrastructure ages, the bridges will require more and more attention. Since they fall within federal jurisdiction, the federal government must ensure that they are safe for the motoring public. Bill C-3 addresses this concern.

Clause 14 of the bill provides that the governor in council may, on the recommendation of the minister, make regulations respecting the maintenance and repair of international bridges and tunnels. This clause requires the owner or operator to provide reports to the minister on the condition of the bridge or the tunnel. It specifies what information is to be included in the reports and makes provision for the inspection of the facility by the minister or a person so designated.

With a few exceptions, these bridges are owned and operated by others than the federal government. Provincial or municipal governments own many of these bridges and tunnels, while binational authorities and private industry own a few.

Since it is in everyone's interest to ensure these bridges are well maintained and safe, the federal government is acting to ensure that infrastructure is maintained to a minimum common standard. It is not the intention of the federal government to pay for the inspections, nor for any necessary improvements. Safety will remain the responsibility of the individual owner and operator.

The intention is also not to impose unreasonable standards on the various owners and operators. Although the details would be developed during the regulatory process, the intention would be to rely upon existing provincial inspection standards. Since the bridges were built originally to provincial standards, it would only be logical that their inspections be to the same standards. This would ensure consistency within the provincial transportation network.

I realize that a logical first question might be, if we are inspecting the Canadian half of the bridge, who is inspecting the other half? I am sure everyone fully recognizes that federal jurisdiction only extends halfway across an international bridge, and the Americans are owners and operators of the U.S. half. We can therefore only regulate our own half of the bridge and trust that the American owners and operators do the same on their half of the bridge. In most cases, American and Canadian owners and operators cooperate very closely not only in the construction, but in the operation and the maintenance of these bridges.

In the case of bridges between New Brunswick and Maine, the provincial and state governments take turns being responsible for the construction of new bridges. The Bridge and Tunnel Operators Association has expressed the view that it would probably use the most stringent standard where the U.S. code and the Canadian code differed.

Since 9/11 things have changed. We also must change. Safety has become a concern for Canadians. It certainly has become a concern for Americans. We just had discussions here a short time ago as the Prime Minister announced the Air-India inquiry, certainly the worst terrorist incident in Canadian history.

We must ensure that we upgrade our laws so that we can provide for the safety and consistency of transportation across our border, to make sure that our commerce with our largest trading partner is secure, not impeded, and that we minimize the risk of any kind of incident that would disrupt that trade and the flow of people and commerce across our borders. It is a sad reality, but it is something we do need to address.

I fully support the passage of Bill C-3, the international bridges and tunnels act. I am confident that the safety clauses contained in the bill will ensure that these critical pieces of our national infrastructure remain safe for future generations.

I hope that all members of the House will support the bill. It is a housekeeping bill, in essence. It puts in order the necessary structures so that bridge construction in the future can be undertaken, bridge maintenance can take place, and cooperation with our neighbour in terms of maintaining an unimpeded traffic flow across the border continues.

I understand there are a number of proposals for new bridges. There are some 24 existing crossings which have a wide range of arrangements for their management. At least three new proposals are currently before the government. It is time that we put in order the necessary legislation that will allow these projects to proceed in an orderly fashion and in a manner that protects the security of our transportation, our cross-border traffic for visitors, commerce and trucks.

I hope that all members will support the bill and see that it goes through the House, moves on to committee where it can be discussed more thoroughly and be enacted as quickly as possible. In this new 39th Parliament it can become an early act to ensure that we put in place the necessary protection for part of our economy.

The House resumed consideration of the motion that Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, be read the second time and referred to a committee.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I would like to speak about Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act. Also, I wish to congratulate my colleague for a very good presentation. It showed me how conversant he is with this issue. His fellow citizens are undoubtedly proud to see that he is very up on all this.

With this new Conservative government, there was to be another way of governing. With this bill we see that they want to impose requirements on those managing the structures without contributing financially. They continue to maintain this philosophy of the federal government, which divested itself of the ports, regional airports and bridges, without ever investing the money required. And it is transferring these responsibilities to the cities, as we see from the case of the Sutton bridge. The Quebec government is responsible for its inspection and security.

This bill imposes standards. Standards will be imposed on those who manage and inspect these structures, but there will be no financial contribution.

Once again, we have this federal government culture of entitlement and no money forthcoming. I would like to know what the member has to say about this.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I am pleased to address the subject of Bill C-3. At first glance, this bill seems to stir up passions in this House. We are on our third bill and already we get the feeling that the pressure is starting to rise seriously.

This is also an opportunity for me to mention that today, May 1, is International Workers’ Day. I wish all workers a happy May Day.

This is also an opportunity to point out that this Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, addresses a regulatory vacuum concerning the bridges and tunnels linking Canada to the U.S.

There are 24 international road bridges and tunnels. Of these 24 bridges, 14 are located in Ontario, nine are located in New Brunswick, and one is located in Quebec. I will come back to this one, since this bridge, the Glen Sutton bridge, is in poor condition. There are also five railway bridges and tunnels in Ontario, and only five of these bridges belong to the federal government. We must recall, on this May 1, that all these infrastructures were made possible thanks to the contributions of our workers. Unfortunately, many of them lost their lives on the job. Last week we had a day to remember all those who have been victims of work accidents. Once again, a happy May Day to everyone!

Back to Bill C-3. We know (several of my colleagues have already mentioned it) that the Bloc Québécois is in favour of this bill, in principle. As I indicated earlier, there was actually a regulatory vacuum concerning international bridges and tunnels. We also know that, since September 11, there has been concern about the security of these structures, which play a strategic role in trade between Canada, Quebec and the U.S. So we cannot be opposed to a bill that aims to improve the security of these infrastructures.

By the way, I wish to underscore something. As I mentioned, these infrastructures are obviously extremely important for trade and the circulation of people between Canada, Quebec and the United States. Eighty per cent of our exports go to the U.S., a good part of which, or perhaps even all, transit through these important structures.

According to the Department of Transport, local stakeholders are mainly in favour of the provisions of this bill. This remains to be verified, however, and I am counting a lot on the assistance of my colleague from Argenteuil—Papineau—Mirabel to confirm this opinion from the Department of Transport among those concerned. We have heard that the Government of Quebec has some misgivings. By the time this is discussed in committee, I am sure that my colleague from Argenteuil—Papineau—Mirabel will have consulted local stakeholders, if he has not already done so, to make sure that the bill addresses most of their concerns.

Such are the essential points and the most positive points of Bill C-3. Some points, however, seem, questionable or outright negative.

The first thing is found in clause 39, for example. I seems to us that the federal government is being given virtual police powers in relation to regulating international bridges and tunnels: for example, the very authoritarian power to investigate without warrant and power of seizure. We will have to be shown what purpose these exceptional powers of investigation and powers of seizure serve.

I would note that the federal government gives itself powers to legislate, but the financial responsibility is placed on other shoulders. In the case of the Sutton bridge, for example, the municipality is responsible for a large portion of the maintenance of the bridge. It is always easy for the federal government to set the bar very high when it comes to some of the rules relating to the safety and security of these bridges and tunnels.

This is somewhat related to the commitment made by the Prime Minister. This power to legislate should therefore be better circumscribed, so that we can be sure that if the federal government makes decisions resulting in costs that go beyond day-to-day infrastructure maintenance operations, it will contribute to those costs.

This again reminds me of the Canada Health Act. For several years, the government patted itself on the back about the criteria set out in the Canada Health Act and threatened the provinces, which in its opinion were in violation of those five criteria—I believe that was it. However, in 1993-94, the federal government started making unilateral cuts to its transfers, which were significantly reduced. Everyone seems to agree on the fiscal imbalance. The idea is even catching on among the Liberals.

So on the one hand, we have some lovely requirements in the bill to enable the federal government to make this its trademark, to make it a component of its visibility strategy, and on the other hand we have the provinces, the municipalities or both, absorbing all of the costs of these lovely and very generous speeches. I am very concerned.

Obviously, you will tell me that at the end of their reign the federal Liberals reinvested in transfers to the provinces. I would note that Quebec is still missing $5.5 billion. Once again, I appeal to the Minister of Finance. I hope that he will begin to provide us with some solutions in his speech tomorrow. It is quite clear that this cannot be fixed in a single day or a single speech. As we know on this side, the problem is profound. However, we have to hope that tomorrow’s speech will contain some elements of a solution to the fiscal imbalance.

Even if transfers to Quebec were restored to their level before the Liberals’ unilateral cuts, to 1993-94 levels, there would still be $5.5 billion missing, as I said. Thus it would not completely solve the problem of the fiscal imbalance. According to the Conference Board, $3.9 billion would still be needed in order to truly restore the balance between the revenue available to Quebec and the revenue it needs to meet its responsibilities.

You will therefore understand that seeing provisions of this nature in a bill relating to bridges and tunnels is a matter of great concern to us.

The member for Repentigny pointed out quite rightly that some items from Bill C-44 are missing from Bill C-3, for example, more transparent advertising of the sale of airline tickets. We know very well in this House what a difference there is between the advertised price of plane tickets and what they actually cost in the end. A number of somewhat random items are added with the result that the price is always substantially higher or even doubled. So it is a question of transparency. All the consumers’ associations have been asking for this for a long time. What explanation can there be that these provisions, which seemed very good to us, have simply been changed, forgotten, or deleted in Bill C-3?

As I just mentioned, I think that in the work done in committee, my colleague for Argenteuil—Papineau—Mirabel will have an opportunity to reintroduce these points.

Another point in Bill C-44 seemed very good to us. That is the mechanism for resolving disputes over the sharing of rail lines between passenger carriers and freight carriers. As my colleagues and I have mentioned, railway transportation looks very attractive insofar as the objectives of the Kyoto protocol are concerned. It is an environmentally friendly method of transportation. However, the rails need to be available to carry passengers.

I am not an expert. Still, until shown proof to the contrary, I have the impression that priority is always given to freight trains and this hardly encourages people to take the train when travelling among major centres in Quebec and Canada. My colleague for Argenteuil—Papineau—Mirabel can probably give me an answer after I have spoken. In view of all this, such arbitration will be very important over the next few years.

The member for Repentigny picked up on a certain aspect of the issue. I am returning to it as well because we are both from the Lanaudière region. If a train goes through Repentigny and Mascouche, the chances are very good that it will go to Joliette eventually. I will support him therefore, as well as Ms. Deschamps and all the people who are trying to get this commuter train.

In addition, when a railway company decides not to use certain lines any more, we must ensure that they are not automatically torn up. Rail lines that have been abandoned and torn up in the past could have helped meet our current need for commuter trains.

Bill C-44 provided that the local administrations would be offered an opportunity to buy the rail lines before they were torn up. We should draw an important lesson from the lack of foresight shown in regard to our entire road infrastructure. For a long time people said that there was no future in rail and we should rely on roads and trucks. Now the Americans have rediscovered rail, and in a few years, Canadians will rediscover it as well. We have already started to understand the importance of rail for transportation around big cities such as Montreal, Toronto, Ottawa and Quebec.

However, there has been an enormous lack of foresight, of clear-sightedness. So we must avoid committing the mistakes of the past over again. Bill C-44 contained a provision in this regard. It also provided for a new VIA Rail Act which would have given that corporation more autonomy in making its own decisions on improving rail transportation. As I was saying, this is one of the solutions that would allow us to meet our Kyoto protocol targets.

I want to mention one final negative element. Clause 32 of Bill C-44 granted the Canadian Transportation Agency the power to examine complaints of unreasonable noise caused by trains, so as to oblige railway companies to find the best possible solutions to this pollution. This is not greenhouse gas emissions, but it is extremely annoying pollution all the same.

I myself have been in contact with VIA Rail regarding a poorly set railway track. Unfortunately, the track was located a few feet from a seniors’ residence. Seniors sleep light. So we filed a complaint. Fortunately, a VIA Rail official, Mr. Daniel Lacoste, was extremely attentive, and I would like to thank him for that. He is a resident of Notre-Dame-de-Lourdes, in the lovely riding of Joliette. Things were resolved because all of us acted with good will.

Unfortunately that is not always the case. Sometimes the problem does not originate only in the marshalling yards. I am very familiar with the problem at the Outremont yard. As I was saying, tracks are sometimes poorly set, and that causes noise. It is a problem which can easily be corrected with proper welding.

That is the review I wished to offer of Bill C-3. It is a first step toward filling a legal void, something which can only be our common desire. All the same, it is not enough. Clearly there are corrections to it that we will have to make.

I would like to return to the questions concerning the most important clauses of this bill. Clause 2 defines the terms of the bill. This is its definition of an international bridge or tunnel: “a bridge or tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes the approaches and facilities related to the bridge or tunnel”. As I was saying earlier, most of these infrastructures are not the property of the federal government. So far as I know, even though the bridges and tunnels lie within exclusive federal jurisdiction, relatively few of them are owned by the federal government. As I said when I began, I have counted five of these. So it will be extremely important to clarify the powers of the federal government in this regard.

Clause 6 states that “no person shall construct or alter an international bridge or tunnel” without the government’s approval. That is self-evident.

But, as I said, who will pay when the federal government has requirements that go beyond the proposals made by those responsible for maintaining these structures?

According to clause 4(4), “approval may be given...to the site or plans of an international bridge over the St. Lawrence River”. We have a great deal of concern about this. We do not know whether there are any projects in the works. In my opinion, this will have to be much clearer. There is certainly a need for such a structure, but it is still surprising to see a clause reserved for something that is to come, a project that, to my knowledge, does not even exist yet.

According to clauses 14, 15 and 16, the government may make regulations respecting the maintenance and repair, operation and use, and security and safety of international bridges and tunnels. This takes us back to the comment I made about clause 6. It is all well and good to talk in broad terms and have high standards, but who is going to pay for these infrastructures? Perhaps the Minister of Finance will announce a new infrastructure program in his budget tomorrow, with a specific component on international bridges and tunnels. In any event, I am convinced that that would reassure a lot of people.

According to clause 17, “the Minister” of Transport “may make directions” if “the Minister is of the opinion that there is an immediate threat to the security or safety of any international bridge or tunnel”. Logically, everyone should agree with this, but once again, who will pay the costs associated with these directions made by the federal government?

According to clause 23, “the approval of the Governor in Council” is required for any change of ownership, operator or control of an international bridge or tunnel. This goes without saying, although it reminds me of a debate we had about satellites that take pictures. In the case of the Telesat remote sensing satellite, if I recall correctly, the Bloc Québécois had a great deal of difficulty understanding how the Canadian Space Agency could give up ownership when the taxpayers of Canada and Quebec had paid for all the research. It likely would have been simpler to keep ownership of the satellite.

In the Telesat bill, whose number I have forgotten, there was no provision for a company that might become a foreign company. So, when the Canadian Space Agency transferred or gave the satellite to this company, for a few months, the company in question belonged to some Americans. It would have been pretty extraordinary if a technology developed with income tax and taxes paid by all Canadians and Quebeckers had been given to a foreign company. We were assured that all sorts of provisions of the act prevented that. Nevertheless I prefer an explicit mention, as in Bill C-3, because of significant strategic elements pertaining to both security and international trade.

According to clause 29, it is possible to create a crown corporation to administer a bridge or a tunnel. This is credible, to my mind. If we have a new structure on the St. Lawrence River, it seems to me that this should be public property. So clause 29 provides for this possibility.

I said earlier that clause 39, whereby the government is given very extensive police powers, such as searches without a warrant and a very authoritarian power of seizure. It seems to us that there are some things to be corrected in this area.

I wanted to end quite simply by pointing out the state of the Glen Sutton bridge, the only one in Quebec linking Quebec, which is still politically part of Canada, to the U.S. It is a metal bridge built about 1929. It will probably go from being a strategic axis of communication to being a museum artifact, where finally people will go to see it. It is relatively long, covering 50 metres. It spans a gorge. It is a magnificent sight. It is also used by trucks. According to our information, it is in a fairly pitiful state. I mentioned, though, that ownership of the bridge is shared between the state of Vermont and the municipality of Sutton. If there are, in connection with Bill C-3, instructions from the federal government with a view to improving safety and security, who will actually pay?

Will the municipality of Sutton be asked to pay these costs? It seems to me that this would be irresponsible. I hope that, when Bill C-3 goes to committee, an infrastructure fund will be created that is dedicated specifically to international bridges and tunnels.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

Mr. Speaker, I am pleased today to rise to speak to Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act. Since it incorporates part of Bill C-44, which the Bloc Québécois supported, we must support this bill, but with certain reservations, as I will explain later.

This is the first time the Government of Canada has put legislation in place to allow it to exercise its authority over international bridges and tunnels. The new government tells us it wants to ensure that the security, safety and efficient movement of people and goods are in accordance with national interests.

The events of September 2001, it must be noted, made clear the importance of protecting these vital infrastructures. The proposed amendments would give the Government of Canada new and broader legislative powers to oversee approvals of international bridges and tunnels. These amendments would give the government power to approve, on the recommendation of the Minister of Transport, the construction or alteration of international bridges and tunnels and to formulate regulations governing the management, maintenance, security, safety and operation of these structures.

The bill would also authorize the federal government to approve the sale or transfer of ownership of international bridges and tunnels. Note as well that it would strengthen federal government oversight of all new and existing international bridges and tunnels in order to better protect the public interest and ensure the flexible flow of international trade. There are currently 24 international vehicular bridges and tunnels and five international railway tunnels linking Canada and the United States. These bridges and tunnels carry the vast majority of international trade between Canada and the United States and play a vital role in Canada’s transportation system.

The provisions of this new bill are almost identical to those of the defunct Bill C-44, which was tabled by the former government and died on the order paper when the election was called. That bill,the Act to amend the Canada Transportation Act and the Railway Safety Act, to enact the VIA Rail Canada Act and to make consequential amendments to other Acts, was tabled in the House of Commons on March 24, 2005 by the former Minister of Transport. Bill C-44 was itself similar in many respects to the previous Bill C-26, which bore the same title and was tabled in the House of Commons on February 23, 2003. Those two bills each died on the order paper upon the prorogation of Parliament. As you can see, the Parliament of Canada needs a lot of time to get its bills passed.

What affects us in Quebec most closely in this bill is a provision concerning the international bridges and tunnels that cross the St. Lawrence River. This provision corrects a legislative anomaly in the Navigable Waters Protection Act, which requires that a permit be issued for all work that has repercussions on navigable waters but which does not authorize the issuing of permits with regard to the St. Lawrence River. That anomaly had become evident during review of the proposed highway 30 bridges crossing the St. Lawrence Seaway. Those bridges have yet to be built, as you know, and these projects have been making very slow progress for many years.

In his speech last Friday, the minister said that any new crossing over the St. Lawrence would be subject to federal approval. I would like to know to what extent that sort of approach has the approval of the Quebec government, as it is likely to infringe upon its fields of jurisdiction.

Although the bill fills a legal void in the area of international bridges and tunnels, is designed to improve the safety of the infrastructures in that area, and has the consent of local stakeholders, we still have certain reservations. In the context of the regulation of international bridges and tunnels, the bill gives us the impression that the government is being conferred some very extensive, quasi-police powers, for example, a power to investigate without a warrant and a very authoritarian power of seizure.

The government has the power to legislate, but the financial responsibility rests on other shoulders. The Bloc Québécois believes this situation can lead to conflicts. What disappoints us the most is that a number of important measures that were in Bill C-44 were dropped from the current bill. It is important to point that out because we were told that this bill included the measures already outlined in Bill C-44, but only a small number of them are left.

Some parts of Bill C-44 were very important for the Bloc Québécois and for now they are being dropped. I am talking about the requirement that airline advertising be more transparent. The former bill would have required airlines to change their advertising methods. They would have been required to list the total price of the flight including related fees. This measure was much demanded by the consumer associations.

The bill would have improved the conflict resolution process for sharing the rail lines between passenger transportation companies and freight companies.

Bill C-44 included a section under which a railway company wishing to sell a rail line would first offer it to any interested urban transit authorities before offering it to municipal governments. A number of residents in my riding and in other regions of Quebec are concerned about this issue. Bill C-44 promoted setting up commuter trains across the country.

Our constituents are increasingly aware of the importance of developing public transit as a solution to traffic congestion problems and greenhouse gas emissions.

The bill also included a provision on Via Rail. It gave Via Rail more power to make its own decisions with a view to improving the rail service. Rail transit is a good alternative to road transportation, which currently is about the only option.

Clause 32 of Bill C-44 gave the Canadian Transportation Agency the power to investigate complaints concerning noise caused by trains. It required railways to implement certain measures to prevent unnecessary noise, particularly at rail yards. The noise issue is causing a lot of controversy in Quebec and elsewhere in Canada.

According to the British North America Act of 1867, the responsibility for international bridges and tunnels falls exclusively within federal jurisdiction. But in most cases, the Canadian portion of these structures is owned by the provinces. We must ensure that the regulatory and financial application of this act is negotiated and occurs in collaboration with the provinces.

In his speech last Friday, the minister stated that the federal government will be able to ensure that environmental assessments of international bridges and tunnels are conducted in accordance with the Canadian Environmental Assessment Act, when appropriate.

What did the minister mean by adding the word “appropriate”? I believe the minister was implying that jurisdiction over the environment is shared between federal and provincial governments, and that he does not necessarily have the final say in the matter.

I again ask the minister if he held negotiations with the Government of Quebec concerning sharing jurisdictions. Given its declaration of good will toward Quebec, it would be desirable for the new government to demonstrate its good intentions with respect to Quebec's areas of jurisdiction.

In conclusion, the Bloc Québécois will support the second reading of the bill, despite the fact that it only partially resolves the many transportation problems that still exist in Quebec and Canada.

The House resumed from April 28 consideration of the motion that Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, be read the second time and referred to a committee.

The House resumed consideration of the motion that BillC-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, be now read a second time and referred to a committee.

[Lawrence Cannon, Conservative, Minister of Transport]

moved that Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, be read the second time and referred to a committee.

Mr. Speaker, this bill addresses the long-standing lack of legislative framework within which the federal government can exercise its authority over international bridges and tunnels.

I am very pleased to begin the debate today on Bill C-3, the international bridges and tunnels act. This bill includes a number of measures that reinforce and acknowledge that our economic well-being increasingly depends on strategic gateways and trade corridors.

The capacity to create jobs and strengthen Canada's economy is directly linked to our ability to ensure the efficient flow of trade with our greatest trading partner, the United States, but today's bill also recognizes the importance of secure borders and that securing our borders begins with securing our border crossings.

There are currently 24 bridges and tunnels that carry vehicular traffic across the 6,400 kilometre border between Canada and the United States. There are also five rail bridges and tunnels linking our two countries. More than $1.9 billion worth of goods moves across the border each day. These crossings are a critical part of the infrastructure that facilitates trade between our two nations.

Well-operated border crossings mean more trade, a stronger economy and jobs for all Canadians. The federal government, therefore, has a critical role to play in ensuring that the way in which these bridges and tunnels are operated does not interfere in any way with the uninterrupted flow of goods and people across the border. Equally important is the federal government's responsibility to ensure that our national interests are protected, that our borders are secure and that people can use our bridges and tunnels in safety.

The federal government's jurisdiction over all international crossings is set out in section 92 of the Constitution Act of 1867. However, the federal government's ability to exercise this authority has never been set out in framework legislation.

With events such as September 11th, I think the hon. members would agree that Canada's international bridges and tunnels cannot be left to ad hoc decision-making processes. They must be carefully and strategically operated.

It is time for the Government of Canada to put in place a legislative framework so that it can carry out its jurisdictional responsibilities, efficiently, effectively and coherently.To that end, the bill we are debating today draws on the provisions related to international bridges and tunnels contained in the two previously introduced bills.

The international bridges and tunnels act would provide the Government of Canada with the legislative authority required to effectively oversee these bridges and tunnels and to protect the interests of Canadians. Today's bill also possesses two new provisions in response to critical issues that have recently emerged in relation to international bridges and tunnels.

I would like to begin by introducing some of the more significant provisions in the bill.

First of all, unlike the United States, Canada does not have a formal process to approve the construction of new international crossings. In the past, we have enacted specific legislation on a case by case basis. Fourteen of the 24 crossings were created by special acts of Parliament designed and adapted to fit the conditions specific to each case. Given that there are currently three proposals for new international crossings, at St. Stephen in New Brunswick and at Fort Erie and Windsor in Ontario, addressing this legislative gap is particularly critical at this time.

Today's bill will begin the process of ensuring that we have the necessary powers to grant approval to build these new crossings. It would also give the federal government the authority to impose whatever terms and conditions are needed to protect the public interest.

More specifically, the bill recommends that the governor in council be given the authority to approve the construction or alteration of international bridges and tunnels as well as the authority to establish conditions for their construction, operation and maintenance. By eliminating the need for individual independent acts of Parliament for each particular bridge, this new legislation would clarify and streamline the approval process.

The development of new crossings is a complex undertaking, requiring negotiations between provincial, state and federal governments on both sides of the border.

A more streamlined process within the Government of Canada—comparable to that which is already in place in the United States—would bring greater efficiency to the overall process.

One of the more significant challenges of the current ad hoc system is that there are widespread inconsistencies on key issues across the international bridge portfolio. The way in which the bridges and tunnels deal with functional safety, maintenance and security vary significantly between the different bridge and tunnel operators. Such widespread inconsistencies on critical issues directly affect the federal government's ability to act quickly, decisively and accurately on key public issues.

Therefore the second provision I would like to highlight in this new legislation would give the Governor in Council the authority to make regulations for all matters related to safety and security of international bridges and tunnels. The Governor in Council would also be able to make regulations respecting the operation of these crossings, such as the efficient and competitive flow of international traffic to ensure it is not jeopardized.

Ensuring that international traffic flows freely across the border not only affects the bottom line of businesses that depend on just-in-time delivery, it also reduces unnecessary carbon dioxide and other emissions that result from traffic congestion and delays at the border.

A clean environment is important to all Canadians. This is why, under the proposed legislative framework, the federal government will be able to ensure that environmental assessments with respect to international bridges and tunnels are conducted under the Canadian Environmental Assessment Act, when appropriate.

Environmental considerations must be fully integrated into all projects, so that future generations of Canadians enjoy clean air, water and land.

This is particularly important for projects that directly affect our waterways and influence the levels of greenhouse gas emissions.

Finally, I would like to highlight the two new provisions that did not appear in the previously introduced bills. The first new provision concerns crossings over the St. Lawrence River. In the current legislative structure, any new bridge over the St. Lawrence River requires a special act of Parliament.

By specifying that the proposed international bridges and tunnels act is applicable to international bridges and tunnels crossing the St. Lawrence River, any such bridges or tunnels will be subject to the government's approval process as outlined by the act. This provision would support the current initiative to construct a new low level bridge in Cornwall, Ontario by streamlining the approval process and removing the burden of the current requirement for a special act of Parliament.

The second new provision would give the federal government the authority to approve all transactions affecting the ownership or control and operation of international bridges and tunnels. Given the critical importance of these crossings, the federal government has a clear role to play in protecting national interests and public policy objectives when ownership or operation of these structures is transferred.

With the proposed sale of the bridge between Fort Frances, Ontario and International Falls, Minnesota, as well as the possible sale of the tunnel between Windsor and Detroit, it is critical that the federal government have the authority to intervene as needed to protect our national interests.

This bill is important because transportation is one of the core elements that contributes to Canada's economic success. I think the hon. members will agree that in an age when over 70% of our trade flows to the United States, Canada's international crossings are crucial to our economic well-being.

International bridges and tunnels represent critical gateways and key trade corridors through which our trade with the United States flows. As such, they are vital to Canada's success as a trading nation and will continue to be an important element of prosperity for future generations.

The introduction of this bill represents an important opportunity to finally put into place a clear and consistent framework for the exercise of federal government jurisdiction over international crossings. This bill will also help us fulfill our responsibility to protect the safety of Canadians and ensure our national security.

We must continue to be flexible and responsive in legislating our transportation system. Too much is at stake to stand still or rely on old ways of thinking.

I urge all members to support this bill, so that the Government of Canada can effectively protect our national and international interests, build upon the many successes of our transportation system and facilitate Canada's growth as a nation.

International bridges and tunnels act

[Lawrence Cannon, Conservative, Minister of Transport]

moved for leave to introduce Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act.

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