Bill C-9 (Historical)

An Act to amend the Transportation of Dangerous Goods Act, 1992

This enactment amends the Transportation of Dangerous Goods Act, 1992, in order to enhance public safety — the safety of human life and health and of property and the environment.
The main amendments fall into two categories: new security requirements and safety amendments. These amendments include the following:
(a) requirements for security plans and security training;
(b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances;
(c) the creation of a choice of instruments — regulations, security measures and interim orders — to govern security in relation to dangerous goods;
(d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation;
(e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen;
(f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings;
(g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and
(h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.

Transportation of Dangerous Goods Act, 1992

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

moved that the bill be read a third time and passed.

[Brian Jean, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, it is with absolute pleasure that I rise today to address the House at third reading of Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992.

An amended Transportation of Dangerous Goods Act will give us the proper mechanism to prevent and appropriately respond to security incidents during the import, handling, offering for transport and transport of dangerous goods, just as is currently done for safety incidents.

The bill before us today is the result of extensive consultations with the public, industry, unions, first responders, and provincial and territorial governments. I am very happy to say that the Standing Committee on Transport, Infrastructure and Communities also conducted a thorough study of Bill C-9. We heard from a variety of stakeholders, including representatives from industry and unions, such as the Teamsters and the Canadian Trucking Association. I can say with certainty that all of the witnesses who appeared before the House committee strongly supported this bill and indicated that it was very necessary at this particular time.

Some witnesses talked about potential technological research and innovation that may actually provide long-term security solutions to help, for example, track the movements of dangerous goods. Others spoke strongly on the need for Bill C-9 and their belief that it is essential to have an effective security program in Canada. We in this government also believe it is very important to have the security of Canadians as our first priority.

The industry stakeholders supported the bill's security prevention and response program, including a security clearance program, especially one in which one single background check is accepted by our trading partners, such as the United States and others, for all transport workers. This bill, along with the work currently done in Transport Canada with our North American partners, that is, Mexico and the United States, will enable us to do just that.

Other witnesses spoke about the important role a safe, secure and efficient transportation of dangerous goods program plays in the Canadian economy and the good-paying industry jobs it provides. Many people in Canada work in this industry. In fact, in 2007 total dangerous goods sales in Canada were estimated to be about $50 billion. That is right, $50 billion, a great sum. Canadian chemical sales accounted for $36 billion of the aforementioned total. Of the Canadian chemicals sales in 2007, 75% of the sales were to international markets. Exports to the United States rose by 17% while offshore exports rose about 29%. This is a growth industry which is very important to the Canadian economy.

Today there are over 26 million commercially available chemicals being sold around the world and over 46 million organic and inorganic substances registered with the Chemical Abstracts Service of the American Chemical Society. Growth in the registration of new chemicals continues exponentially. Add to that, in Canada there are over 30 million dangerous goods shipments made every year. These shipments are absolutely critical and vital to communities nationwide.

Some of the chemicals enable, for instance, municipalities to provide safe drinking water to their citizens, doctors to provide their patients with access to vital and important nuclear medicines, manufacturers to produce plastics that are used in our clothes, homes, cars, boats and cottages, and everyday Canadians, on those beautiful summer days, to cook their favourite meals on their backyard propane or gas barbecues. That is one of my personal favourites.

The Transportation of Dangerous Goods Act is criminal law and has serious consequences as a result. It applies to all matters relating to the importation, handling, offering for transport, and the actual transportation of dangerous goods. Provincial legislation addresses mostly local transportation on highways. The federal regulations, which are multi-modal, are adopted in one manner or another by each province and territory. It is a cooperative effort, and this government works in cooperation with our other partners in the provinces and territories. The current act and regulations are enforced by federal and provincial inspectors.

The Transportation of Dangerous Goods Act provides the federal government with the authority to develop policy, to verify compliance, to conduct research to enhance safety, to guide emergency response, and to develop regulations and standards to manage risk and promote public safety during the transportation of dangerous goods.

An ounce of prevention is better than a pound of cure, and we are working at the start instead of just the end. Before a shipment can be made, the person who offers for transport or imports the dangerous goods must, and I repeat must, submit an emergency response assistance plan to the transportation of dangerous goods directorate. These plans are reviewed by experts and if they are satisfied that the plans would be able to appropriately respond to an emergency, they are approved.

There are currently about 1,000 approved emergency response assistance plans that industry uses to respond to accidental release of dangerous goods. These important emergency response assistance plans assist local emergency responders by providing them access to 24-hour technical experts and specialized equipment in the event of an incident involving dangerous goods.

The plans are required to explain how specialists and other personnel with knowledge, equipment and skills will be available to respond following an incident involving their dangerous goods.

Prior to the changes put forward in Bill C-9, these plans would not be available to governments or first responders should there be a security incident involving dangerous goods. That is right; prior to these changes these plans would not be available.

These new changes will enhance public safety, and most Canadians would agree, by enabling a response to a terrorist incident involving dangerous goods just like that of an incident following an accident. In addition, the bill will enable the government to authorize a person with an approved emergency response assistance plan to implement the plan in order to respond to an orphaned release of dangerous goods when the identity of the responsible person is not known. This is important.

In committee we heard from industry that it supports the use of its emergency response assistance plan to respond following a government request to security incidents involving dangerous goods.

Industry testified that it sought recovery of its costs associated with response and that the government provide indemnity protection during the requested response time. This is important for the industry because those costs can be prohibitive in some cases. This is what Bill C-9 does and this is why industry supports it so strongly.

There was a lot of discussion in committee about the important and new security prevention program proposed in Bill C-9. The prevention program includes: requiring security plans and security training; providing the authority for transportation and security clearances for the dangerous goods, as well as an appeals process; providing for interim orders and security measures; authorizing regulations to be made to require that dangerous goods are tracked during transport; and authorizing regulations to be made to require that dangerous goods be reported if they are lost or stolen during their importation, their handling, their offering for transport, or their transport. These are five very important provisions to keep Canadians safe.

Bill C-9 would provide the authority to establish performance regulations for security plans and training based on international and United Nations recommendations and aligned with existing U.S. regulations. It would also enable regulations to be made to establish security requirements for tracking dangerous goods as well as regulations to be made to require companies to report lost or stolen dangerous goods.

In August 2005 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or better known as SAFETEA-LU, came into force in the United States. This act requires commercial motor vehicle drivers licensed in Canada or licensed in Mexico transporting dangerous goods into and within the United States in truckload quantities to undergo a background check, much like the security clearance we proposed. These are similar to those required for United States truck drivers transporting truckload quantities of dangerous goods in the United States. Quite frankly, it makes sense.

Canadian drivers are currently satisfying these provisions if they have been accepted into the free and secure trade, FAST, programs of the Canada Border Services Agency and the U.S. Bureau of Customs and Border Protection. However, the United States still expects Canada to implement a long-term solution. This government has a long-term vision and long-term solutions for the best interests of Canadians. The bill before us today will provide the authority to establish the long-term solution by establishing a transportation security clearance program.

There was much discussion in committee on this component of the prevention program. Industry and union representatives all indicated a preference for a Canadian program, one where an appeal application and appeal are done in Canada as the preferred clearance program. This is what Bill C-9 provides. This is what industry wants and it is what we are delivering for Canada, a Canadian program.

We also heard from witnesses that with the upcoming Vancouver 2010 Winter Olympics there is a strong need for Bill C-9. An amended Transportation of Dangerous Goods Act will provide the right tools to support a safe and secure Olympic games. This is important for Canada on the world stage.

Witnesses spoke to the committee specifically on the importance of passing this legislation as quickly as possible so that Canadians can be protected should Canada be a target before, during, or after the Olympics of a security incident using dangerous goods. With the passage of Bill C-9, government, acting on intelligence provided by the Royal Canadian Mounted Police or the Canadian Security Intelligence Service, would be able to use immediately the emergency regulatory instruments in Bill C-9, the use of interim orders and security measures, to prevent an incident during the transportation of dangerous goods.

They would also be able to provide help to first responders during the response to a terrorist incident involving dangerous goods using industry's Transport Canada approved emergency response assistance program, again a Canadian-made program for Canadian interests. Canada has a strict and vigorous dangerous goods program, one that was built primarily on preventing safety incidents during the transportation of dangerous goods, but also covering responses to actual or anticipated releases of dangerous goods.

With the passage of an amended Transportation of Dangerous Goods Act, public safety will be enhanced through the inclusion of a world-class security prevention and response program to the existing safety program. This is important. These enhancements are important to keep Canadians safe.

In conclusion, Bill C-9 is extremely important for the promotion and enhancement of public safety. In fact, our international and domestic partners have been waiting for these changes for some time.

I commend the committee on bringing this bill forward as quickly as possible. I encourage all members to vote to pass this bill so that our colleagues in the other place can start the process of reviewing this bill without delay and we can get one step closer to this very important bill becoming law. Together we can take one step further to protect Canadians and Canadian interests.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, the member mentioned something in his speech that I would like to clarify. He said that no party gave evidence to the committee to indicate it had a problem with the bill. I want to refer him to the submission by the International Longshore and Warehouse Union of Canada to the Standing Committee on Transport, Infrastructure and Communities, which said, “On review of Bill C-9, the ILWU is immediately and seriously concerned about s. 5.2(1) which requires workers who handle and deal with dangerous goods to hold transportation security clearances”. It went on to say that it opposes the imposition of background checks on port workers who handle dangerous goods.

Would the hon. member not agree that there were representations to the committee that spoke against the bill?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Madam Speaker, I would like to respond to my friend by saying that I think his concern is a legitimate one, but what outweighs that legitimate concern is the need to keep Canadians safe and the need to keep trade with the United States and other partners.

The people who deal with large quantities of chlorine or other substances that can cause serious damage and sickness to Canadians should undergo some form of security check. I would suggest that the legislation is outdated and these amendments have been needed for some period of time. To not take this seriously as the member just did is not constructive and will not help Canadians feel safe or keep them safe. This is what we are doing and that is why this is so important for Canadians.

[Dennis Bevington, NDP, Western Arctic, NT]

Madam Speaker, there was evidence given from the actions that were taken in the United States with the transportation security clearances. The evidence given at committee by the security companies suggested that some 10% of the workers who were asked to submit to these criminal records checks, which is the main aspect of these clearances, were rejected from working in their chosen field. It is a serious business when 10% of the workers in a particular area are put out of work because of transportation security clearances based on criminal records, which I might remind my hon. colleague are hardly a place to capture terrorists.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Madam Speaker, I can confirm to the member that I am not sure where to catch terrorists. I have never dealt with them. However, I do understand that they are in every walk of life. I understand they are in many countries throughout the world, including Canada, the United States and others.

I also understand that just because they have a criminal record does not mean they are not able to work in this field. It is a criminal record dealing with some form of violence or something that may suggest they have terrorist aspirations or activities behind them. As such, I think most Canadians would be shocked to find out that someone with that kind of criminal record or background, dealing with terrorist individuals or violence of any kind against society, would be able to handle any kind of dangerous good.

That can actually happen today. I do not think that Canadians want that. Canadians want to feel safe. They want to feel safe in their ports, on their roads and in their homes. That is what we are doing as a government. I would ask that member and his colleagues to stand up today and support this Conservative government in keeping Canadians safe.

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Madam Speaker, I would like to ask my colleague a question regarding the upcoming Olympics. I think that Canadians are very concerned with the safety of the Olympics. I am wondering if my colleague could expand on how this bill would contribute and enhance the safety of the Olympics coming up in 2010.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Madam Speaker, I want to thank this particular member for her hard work on that committee. It is hard work to go through these very task-filled bills, decide what is in the best interests of Canadians and make balanced decisions like we did in that committee. In fact, we voted on it and passed it through to this place.

I would also like to say that we heard from experts. In fact, before this particular bill, as parliamentary secretary, I heard from some experts who were fearful of the situation of the Olympics because of their ability to respond to chemical spills, cordon off areas, and deal with particular issues that arise. They have clearly indicated to me and to the committee that this is necessary. In order to keep Canadians safe, they must be able to respond to an incident by secluding that particular area and making sure that they can find those dangerous chemicals and the terrorists who are handling them. It is very important for the Olympics.

I would add that not only is it important for Canadians and international visitors to feel safe here but it is also important for the world to recognize that Canada is one of the safest places in the world and the best place in the world to live. For us, it is all about keeping Canadians safe and making sure our international reputation stays as strong and secure as it is.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, when members work with a bill intimately, they certainly know all the different clauses. As someone who is responsible for a riding with many transnational highways running through it, I am wondering if the hon. member could clarify how this will impact the safety of the constituents in my riding.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Madam Speaker, I thank the member, another hard-working member of the House, for that question. Not only does it deal with protecting Canadians but it also means that Canadians can continue to enjoy the great quality of life we have.

I did use some of these examples, but I would like to bring them out again. One particular example refers to municipalities continuing to provide safe drinking water to their citizens. That means they can transport up and down the highways. They can bring those chemicals necessary for doctors and patients, and safe drinking water for all Canadians. They can do so safely because they will have these security checks. We will know who is carrying them and they will be authorized to do so.

We need to make sure that we have a plan in place if there is an accident. We need to make sure that those people who would cause harm do not cause harm because they are not able to transport. Finally, we need to make sure we continue to have the great quality of life and those things we need. That is very important for Canada.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, I would like to ask the parliamentary secretary whether or not the bill would apply to the military and its transportation of chemicals across the country?

We have known over the years that the military has used agent orange and other chemicals in experiments. We found out only much later that these chemicals were being used. I would think that any application of the bill that would apply to farmers, for example, in Manitoba and across the country, should also apply to the military as well.

Could the member enlighten me as to whether it does or not?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Madam Speaker, I cannot tell the member for sure whether or not it would deal with all of these aspects, but as he knows, I would be more than happy to get back to him on that particular question because it is such a large gambit.

I will tell him that what does deal with the military is the response mechanism itself, which is so important, and that is the ability for first responders to get on the scene and to have the information necessary to deal with the incident. If indeed there is a dangerous chemical spill or something else happens, they will be able to deal with it so there will be minimum damage. I know that is there because they will be working with their partners in the provinces and territories to make sure that they respond in such a way that the minimal impact is had on Canadians.

We have had some horrendous spills and some difficulties over the past decade or two. The bill will deal with those specifically in the way that we clean up those messes and try to get to a point where an ounce of prevention actually deals with the pound of cure before we have to worry about the cure.

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

Madam Speaker, I am very pleased to rise today to speak to Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992.

The Liberal Party is committed to assuring and improving the safety and security of all Canadians. It was the Liberal government that initiated a series of studies in 2002 and consultations in 2004 in order to lead to the proposed legislation we have before us today. We are glad that the Conservative government is finally bringing forward the proposed amendments to the Transportation of Dangerous Goods Act, 1992.

Canadians are at risk every day from accidental exposure to dangerous goods. In fact, two train derailments involving dangerous goods, one in Winnipeg and one east of Toronto, occurred just this weekend.

Each year roughly 30 million shipments of dangerous goods occur in Canada. This means that approximately once every second a dangerous good is being transported. Our current system is good, and there is no suggestion here that we should be overly alarmed. However, we live in a very different world today than we did when this bill was originally written.

In committee, Liberal members examined the proposed legislation to see if it accomplished the following five objectives. First, does it reinforce the existing emergency response assistance plan systems? Second, will it require security training and screening for all personnel who are handling and transporting these dangerous goods? Third, since this is enabling legislation, how will the regulations that would follow improve the safety and security of workers and the public? Fourth, will the amendments in the legislation give us a clearer handle on the companies, products, and associated security protocols that move dangerous goods around the country? Finally, the fifth objective, will the enforcement of this legislation be consistent throughout the entire country, east-west, north-south? As a result, will it be uniform in its application and its demands for all shippers and transportation companies?

From our perspective, the most important issue is to make sure that we have qualified people handling these shipments of dangerous goods. It is not the transportation of dangerous goods itself that poses a public risk. Rather, it is the people who are involved in the transportation of these goods where our attention must be focused.

We must know that all individuals involved in transporting these goods are qualified, that they are appropriately trained, screened, and capable of dealing with emergencies should there be an accident.

We also must know that companies involved in transporting dangerous goods have foolproof systems in place to track the goods, remembering that approximately once every second a dangerous good transportation is being sent out.

The proposed legislation will require security training and screening of personnel working with dangerous goods. However, the exact regulations and requirements will not be known until the government moves to bring them forward.

In committee, we heard from witnesses who had concerns and views about the regulations that would stem from the proposed bill.

The Teamsters made it very clear that workers who would require security clearances be treated fairly and with sensitivity and that the regulatory framework respected their rights.

The Canadian Trucking Alliance expressed concerns about the costs and overlaps involved in the proposed requirements for transportation security clearances and for security plans and security training.

AC Global Systems, from my home province of British Columbia, is working with the Transportation Security Administration in the United States on future regulations. It suggested that Canada develop a parallel tracking system for hazardous materials shipments, including the mandating of vehicle shutdown technology and driver authentication technology.

Finally, L-1 Identity Solutions suggested that Canada use fingerprinting technology to screen the prospective haulers of dangerous goods.

All the witnesses brought great depth and value to the committee considerations. It is striking that most of the discussion related not to the legislation being considered, but rather to the future regulations that this legislation would enable.

The potential controversy with the proposed legislation lies in the regulations that will be revealed in the future.

We were pleased therefore that the Liberal amendment to the bill, that the transport committee be mandated to review future regulations made under the Transportation of Dangerous Goods Act, was passed in the committee stage of the bill.

We will lead the charge in scrutinizing and studying each and every regulation that stems from the bill to ensure that our national safety and security and our individual rights are defended with equal vigour.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Madam Speaker, it seems like my friend from the other side has widely and thoroughly studied the bill. As the member knows, the industry has responded and provincial and territorial governments are in support of the bill.

Could the hon. member tell me whether we can count on his support to make the bill effective?

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

Madam Speaker, when I came to Canada, I landed with the hon. member for Calgary Northeast. I very pleased he asked me the question about my support.

In fact, the bill was brought in by the Liberal government. The Liberal members on the committee extensively went through the deliberations of the witnesses and the concerns that all Canadians had for their security and safety. I, along with other members on this side of the House, will not sacrifice the security and well-being of Canadians when it comes to the transportation of dangerous goods.