Bill C-52 (Historical)

Fair Rail Freight Service Act

An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration)

This enactment amends the Canada Transportation Act to require a railway company, on a shipper’s request, to make the shipper an offer to enter into a contract respecting the manner in which the railway company must fulfil its service obligations to the shipper. It also creates an arbitration process to establish the terms of such a contract if the shipper and the railway company are unable to agree on them. The enactment also amends provisions related to air transportation to streamline internal processes and certain administrative provisions of that Act.

Rail service

[Mark Eyking, Liberal, Sydney—Victoria, NS]

moved:

That, in the opinion of the House, the government should take steps to provide an increased level of rail service throughout Canada by: (a) recognizing that an increase in rail service and capacity is essential to the livelihood of Canadian agriculture; (b) recognizing that the ongoing review of the Canada Transportation Act provides an opportunity to rebalance the system and improve capacity and service; (c) making sure that all sections of the industry convene, with their own operational ideas, to increase effectiveness and efficiency of our transportation system...; (d) recognizing that changes to legislation are needed to address the imbalance of power along the logistics chain; and (e) making sure that all stakeholders work together to build a world class transportation system, including effective legislation and regulations.

He said, Mr. Speaker, on the domestic front, last winter we were faced with a severe crisis within our agriculture sector to effectively recognize the interests of producers and the struggle to get their record crop to market. Harvests across the prairie provinces, the world's top canola producer and second-largest exporter of wheat, jumped 14%, to a record 90 million metric tonnes, as reported by the government.

To put it simply, the system failed farmers last year, and it failed them badly. There is a responsibility throughout the logistic chain—the railroads, the grain companies—and then we had the cold weather to boot.

However, if the system failed, then we must asked ourselves, “Who designed the system? Who put it in place? Who set it up for failure? Who imposed $8 billion in costs and losses to prairie farmers?” The answer to that question is the current Conservative government. This disastrous system, the one that has failed so badly, is the one that was designed and implemented over the past three years of this current government.

Now, the current Canada Transportation Act review could not be more timely. The winter of 2013-14 saw a transportation crisis that impeded the growth and credibility of our export economy. Real hardship was experienced by farmers due to the failures of the system. For both the producers and the consumers of Canadian grain, our transportation system could not be relied upon. Shippers had to place car orders and had no idea when those orders would be fulfilled.

Of all our Canadian exports, more than 50% are reliant upon rail, and more than 70% of those exports go right to the United States. As Canada grows, the country needs a rail system to evolve, matching these trends.

In 2009, Canadian trade exports were valued at $367 billion. By 2013, they went to $479 billion, 75% of which went to the United States. When we look at 2013-14, it displayed a system that failed to adapt to the growth, especially in western Canada.

The 2012-13 grain harvest, considered a once-in-a-lifetime crop, was topped again in the following year. The farmers are getting better out west; they are getting better varieties and growing more crops, and the world needs those crops. Canadian exports of oil by rail are up over 160,000 barrels per day, from 50,000 barrels in 2012.

As Canada's economy continues to grow, our transportation system needs not only to grow alongside it, but to improve as well. A system as complicated as Canada's transportation system needs to be built upon the spirit of co-operation. The number of stakeholders and the demand on the system is going to continue to grow, which is good. It is good for the people out west; it is good for all of Canada, and it is good for the people who need our products around the world.

The Canadian Wheat Board had a variety of functions in the system. Some of them were set out in legislation, such as the single-desk seller function. Some of its functions simply developed by way of the evolution of the grain system in western Canada. It became a safeguard of the system, helping to direct traffic and providing some overall coordination.

When the Conservatives came in and made the decision to eliminate the single desk, what was going to replace that system? It was their policy decision to make, as a government.

That ship has sailed; it is over, and there was nothing put in its place to help that coordination and to get things going. We saw ships waiting in Vancouver harbour last year that had to turn around and go to other countries to buy grain.

However, Liberals do not believe that they thoroughly considered the collateral damage here, and some of the collateral damage was the total elimination of any coordinating function, oversight function, and an ability to try to use limited assets in the most cost-effective, business-like fashion. That is what is missing in this system now. It is not an issue at the moment of a single-selling desk. That is not what we are here to talk about. It is about an issue of absolute chaos in an uncoordinated system and a lack of synchronization. That is what is happening, with nothing to fill it.

Rail transportation is a very complex system. One has to get the grain from the right delivery point to the right terminal on to the right boat to the right customer in an appropriate amount of time. That did not happen last year. It happened late, and as I stated, there were billions of dollars lost by farmers out west. A very intricate and complex number of parts have to work together to make this happen. What we have seen over the past year is the Conservatives' inability to bring proper coordination to the system. They have not made the best use of our limited assets in the most cost-effective way so that we do not have a colossal mix-up. We need a smoothly functioning system that will get the most money for farmers because their product is delivered at the right place and at the right time.

In November 2013, just when the farmers were finishing their grain harvest—and they were very optimistic, as it was a great harvest and they had customers—I had the opportunity to take an agriculture outreach tour throughout western Canada to meet with farmers and identify areas that are important in my role as agriculture and agri-food critic. After visiting various farmers in Manitoba, Saskatchewan, and Alberta, even early in the fall months it was evident that our grain handling system in Canada was not providing the capability to meet industry demands.

Along with the member from Winnipeg, we witnessed first-hand the mounds of grain that were piled right to the rafters. The bins were full at the McRae's farm, at St. Andrews, in Manitoba. He was optimistic at that time, but throughout the winter things changed for him. The situation became worse.

Initially the minister suggested cash advance payments—I wonder what good that is if their crop is not moving—and a working group to look into the disaster. As the months were going by and they were losing more money, it was too little and too late. Ships remained idle in Vancouver, resulting in millions of dollars in demurrage charges and on-farm operating debts being unpaid. Grain prices were dropping, and farmers were losing that window to sell their crop.

That all came as a direct result of the Conservatives' Fair Rail Freight Service Act, Bill C-52, introduced in the House before 2012. They had the opportunity. It was supposed to rectify the imbalance in market power between the farmers and railroads. The Conservatives took the Wheat Board out and had an opportunity to put something else in its place, and they did not. Bill C-52, an act to amend the Canada Transportation Act, was a great opportunity. We could have had a real rail act then. There were recommendations made, and we would not have had the $8 billion loss that we had to deal with.

In the continued spirit of an open and fair market, a need exists for an oversight to ensure that complaints against parties can be addressed in an appropriate manner. There is a strong need for the ability for shippers to seek solutions to problems arising during their interactions with the railroads. In order to effectively address issues that occur in the fulfilment of service level agreements, the complaint mechanism must allow not only for shippers to seek arbitration efficiently and fairly, but also for each party to be on equal footing. That is very important. Everybody has to be on equal footing to make this system work because everybody is accountable.

During the passage of Bill C-52, the Coalition of Rail Shippers made several recommendations, which we in the Liberal Party supported. However, none of those resolutions were passed back in 2012.

Many prairie groups agreed that the legislation needed to be amended to make it easier to hit the railroad companies with fines over transportation bottlenecks. If it had stuck then, the railroads might have complied with it last year.

This eventually brought forward Bill C-30, which was the bill we dealt with just last year, an act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures. That was introduced by the government in March of 2013. The measures being imposed will expire in another year's time.

As I said, there is no long-term solution for the farmers. The government is putting Band-Aids on as we go along. There is no long-term solution that will keep the same situation from happening again and again. The crops are going to continue to do well, they are going to get bigger, and there is no solution.

Many agronomists and public servants at the agriculture department have said that these harvests are only going to get bigger and better, which is great, but we have to get those crops to the Asian markets especially and to the United States. The bill does not attempt to find a long-term solution for farmers.

The fact that the measures will expire demonstrates yet again that the Conservatives see this as a political short-term issue, while in reality, this is a structural issue farmers are faced with. The problem could very well resurface at the next harvest.

This year, as bad as it was, there are still bottlenecks, and it is not working well. Farmers are still shipping grain that was produced the year before, and last year was just an average year.

The minister has brought forward pieces of legislation that seem to be reacting to the issue rather than leading the way, on the agriculture front, on a long-term solution. It seems that members only have a chance to debate agriculture-related bills in the House when something is going wrong. There is no long-term vision. When something happens, then it is brought to the House. It seems that this is what happens every time.

The most recent grain transportation crisis is a prime example. The government waited months and months before acting. Then it scrambled together a bill that could help farmers get their grain moving. The government only acts when it needs to, and it delays action as much as possible, because it is all politically driven.

Farm lobby groups in Saskatchewan and Manitoba say that fines levied against Canada's two largest railroads stemming from the provisions in Bill C-30 do not reflect the damage caused when the companies failed to transport the minimum required grain volumes last year. The railroads are going to be fined, but even if they get the money from the railroads, it will go to the government. It will not pay the farmers who are losing money while the crops are stored in their buildings or bins.

Norm Hall is president of the Agricultural Producers Association of Saskatchewan. He represents a lot of farmers in Saskatchewan. He says that farmers are frustrated about the fallout from months of railway backlogs following last year's bumper grain crop. He stated:

“There's also some relief that the federal government did step forward, but there's still frustration. The one thing that bothers us most about this is that fine, that money, goes to government [instead of the farmers who are losing the money]. It in no way goes to those that were hurt...be it the producers or the grain companies.”

He also said that the fines are a drop in the bucket for the railways. He is a representative of the farmers in Saskatchewan.

Also, Doug Chorney, who represents many producers in Manitoba and is head of Keystone Agricultural Producers in Manitoba, said there needs to be a way to compensate shipping companies and farmers who are adversely affected by rail delays. He stated:

A fine of such [a] small amount really doesn't reflect the kind of damage poor service is impacting on shippers and farmers. We've always had challenges with reliable and adequate service from railways because of different planning issues, not always because of capacity. We do have fundamental challenges in terms of making sure we have a system that's well-co-ordinated. ....we can't be left to wait months and months for rail service.

In March 2014, the Minister of Transport said fines against rail companies could total up to $100,000 a day. What happened? She came out with $100,000 a week. That is a big change, from $100,000 to $100,000 a week.

To wrap up, what the government has done is not working for farmers. It is not working for customers around the world who need our grain so badly. We should have a long-term plan, and that is why I am bringing this motion forward.

Fair Rail for Grain Farmers Act

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I will pay attention to your comments.

The agriculture industry is a very important economic driver in Canada. As many of us know, it supports farmers, suppliers, food processors, and all other stakeholders in the food industry.

Grains are a big part of our agriculture industry, with 15 million hectares of wheat, barley, oats, and rye grown by farmers in fields right across this country, with the majority on our prairies.

In 2013, Canada produced over 52 million metric tonnes of these grains. Some of our largest commodities are canola—I think we are one of the biggest producers in the world—wheat, corn, pulse crops, and barley. From those yields, over 50% is exported, and the rest is used in our livestock industry. It is also used by millers and brewers, and there are many other uses, such as for biofuels.

As many of us know, this year was a bumper crop. It is because of the technology farmers used, everything from the tillage systems to the varieties. They had some good weather on their side also.

Last November, I had the opportunity to take part in an agriculture outreach tour in the western Prairie provinces in an effort to meet with farmers and identify important areas to tackle in my critic role.

After we visited farmers in Manitoba, Saskatchewan, and Alberta, even early on in the fall, it was evident to me, and should have been evident to the minister, that the grain handling system was not proving capable of meeting industry demands. I witnessed first-hand the mounds of crops that were piled right up to the rafters. They were piled in garages and piled outside. It was amazing the amount of product that had still not been moved.

Upon returning to Ottawa, the situation after last fall, of course, got worse. We saw that with the big losses for some of these farmers, who could have been selling their product. Grain prices were going down. Even the government came out with an estimate that over $8 billion was lost to the prairie economy because of that.

Over the last few months, farm leaders from across this country have been meeting with our leader, the member for Papineau, and our Liberal agriculture team. Along with me, we have the members for Malpeque, Winnipeg North, Guelph, and of course, the member for Wascana, who was front and centre during the emergency debate and in keeping an eye on things.

The Conservatives were warned about the situation by the opposition and industry members a long time ago, not just by the farmers but in this House during the emergency debate the Liberals pushed forward. One would think it would have come from the Conservatives. Their members, coming from the grain region, should have been pushing for an emergency debate. However, we pushed for it on this side, and we appreciate that the Speaker allowed us that late night of debate on the situation.

The minister responded through the winter with some cash advance payments and a review panel to look into the disaster, but it was too little too late. Ships were idle at the ports. We all know about that. We had ships from Japan that were turned around. They had to go to Seattle. They had to go to the United States, imagine, where they were loaded up in a day, while they were waiting here for weeks to be loaded. It was a bad reflection on us.

There were also meetings in Singapore. One of the biggest issues among all the producing countries was, “What is going on with Canada? How come Canada has such good growers but cannot get their grains to market?” We were really getting a black eye on the international scene.

On farms, they were operating, and their debts were going unpaid. It took a lot to put that big crop in and harvest it, with the price of fuel. Meanwhile, they were not moving their grain.

It is blatantly clear that the Conservatives need to take another look at their failed rail act, Bill C-52. That was introduced last June. They scrapped the Wheat Board, and all of a sudden, there was nothing to protect farmers after that. Bill C-52 would have been the spot for that. There were amendments recommended, which they refused to put in.

What happened after that? There was nothing to help the imbalance in the market power of farmers and railroads. Many prairie farmers agreed that the amendments to this legislation were needed to clearly define service levels and to make it easier to fine rail companies for transportation bottlenecks. However, all our proposed amendments, which would have strengthened the position of the shippers and farmers, were unanimously defeated.

As a result of Bill C-52's deficiency, farmers watched their big bumper crop sit in their backyards, as customers around the world wanted our number-one quality product. We also saw customers in Canada and in the United States looking for our product and not being able to get it.

This winter in the House of Commons, the Liberals demanded that the Conservatives take action. The Conservatives finally came forward with this emergency legislation on grain transportation, which we are talking about today. We know it as Bill C-30, and it is to fix the shortcomings in the previous bill.

As mentioned by other members, the Standing Committee on Agriculture and Agri-Food studied the new bill, and although it was rushed, it provided a tremendous opportunity to improve the legislation. Many witnesses came from across Canada and many good ideas were brought forward. After hearing the testimony of dozens of farmers and stakeholders, it was obvious that this new law needed some adjustments if it were really going to enhance the entire supply chain on a long-term basis.

The bill also failed to define what rail service levels should be, to create an objective measurement of rail performance, to provide for damages payable to farmers, to clarify farmers' grain delivery rights, or to create reciprocal penalties when obligations are not fulfilled on any side.

These are the same complaints we heard last year, but once again, the Conservatives unanimously voted against all opposition amendments put forward to strengthen the bill and address the ongoing concerns.

Although this has been delayed and is weak legislation, the other problem, as many farmers know and the House knows, is that the sun will set on the bill in two years. Therefore, this is really only a short-term step to help out. How will farmers or anyone in the supply chain look at the future if this is only going to last two years?

With good farming practices and climate change, I believe that we are going to have more and more bumper crops. This is not going to be a totally abnormal year. This could be a year that is going to be the norm. If that continues to happen, there has to be something in place that will guarantee that farmers are being taken care of.

The bill is a small step in the right direction, and our party will be supporting it, because this has been delayed long enough. Farmers are out planting now. They have grain still in piles in their backyards. They are trying to get money to pay for fertilizer, seeds, and chemicals. What is happening? The grain in the bin is not going to pay for those supplies. The legislation has not passed yet.

We have to have some signal for the international community that is buying our grain. I mentioned what happened in Singapore. We have to show that the House of Commons in Canada is serious about making some moves to help move grain shipments. Every time a disastrous backlog like this develops, our international reputation as a reliable grain shipper suffers, and we lose customers.

I alluded earlier to our own processors and farmers. We have a very large livestock and food processing industry in this country. We ship a lot of our grains and oats to the United States. Most people do not realize that Cheerios come from Canadian oats. They were concerned in the United States that they would not get enough oats. What was happening did not affect just our international reputation.

At committee we heard from the former chair of the B.C. Agriculture Council, Garnet Etsell. There is a billion dollar industry in the Fraser Valley. Their poultry industry is amazing. It is one of the largest concentrations of poultry in Canada. We were told in committee that poultry farms were only a couple of days away from running out of grain. Imagine having that size of livestock industry with a couple of days of grain in the bins and seeing the trains go by and not even helping out the local farmers.

Some of them were forced to buy trucks, costing them $100 extra a tonne to ship in grain from Alberta. Their returns are fixed, and they are not going to get more because they have to ship products in. It was not really addressed in this bill how we are going to help local farmers who consume that grain.

It is key that the federal government have a long-term strategy so that our high-quality grains will be able to get to our customers around the world and around the country and so that this does not happen again. We will be going back to the drawing board. If the government is wise, we will sit down after this legislation goes through and look at a long-term vision for our farmers and our country so that we continue to be a number-one supplier of grains in the world.

We realize that there are other products out in our western provinces that are doing well, such as potash, coal, and oil. We do not believe that they should all of sudden stop shipping their products because we have a good crop. We have to look at investing in our transportation system. We have to sit down with the railroads to make sure that this is happening, but right now it is not happening.

I am looking forward to a time when the farmers' biggest concern is getting the crop planted and harvested and having buyers. They should never have to worry about getting it from their grain bins to the consumers around the world. It is our obligation as the federal government to always be there for them and to make sure that it happens. In the last few years, we have. I say that we have, because it is technically the Conservatives, but at the end of the day, it is the responsibility of the House to make sure that it does not happen again and that the system is in place to help farmers succeed.

If a young person is looking at getting into agriculture, there is great opportunity out there. However, to see what has been happening in the last year would discourage any young person from getting into it, knowing that they could do everything they could to produce a product but that they could not get it to the customer.

I will leave it at that, and I will open it to questions from any other members in the House.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, I am hopeful on the last point, that the government will at least make the gesture of making it possible for all of the witnesses to be heard. It would be pretty unseemly if some farm organizations and farm groups from western Canada were shut down or shut out simply because there was not enough time, when it is obviously possible to make time if we have the political will to do that. Anybody who would be shut out would be constituents of the government in large measure, so I do not think the government would be inclined to do that. I hope we will see that kind of generosity and flexibility from the government.

In terms of the willingness to accept amendments, I hope the experience from last year will be instructive to the government. Last year, many of these same issues were before the House and before the standing committee in consideration of Bill C-52, the legislation dealing with service level agreements. The arguments were all made. The government brought in the whips and voted down all the amendments. Now it is clear that was the wrong thing to do. At least some of those amendments would have made a difference. Some of those amendments could have prevented the problems we are now having, or at least reduced the consequences of those problems.

Based on that experience, I hope the government will be more open to hearing what the farm organizations are truly saying and respond to that testimony with concrete changes to the legislation. The government did not do a good job last year. It has an opportunity now to fix it. With that experience so recently in mind, I hope the government will learn from the mistakes made a year ago.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, I am tempted to say “here we go again”. The House is once more dealing with legislation to patch up the grain handling and transportation system in western Canada. Just about a year ago, we were doing exactly the same thing.

Back then, it was called Bill C-52 and it was legislation to create service level agreements between shippers and railways. Just about everybody told the government at the time that Bill C-52, as originally presented, would not work, but the Conservatives refused to listen to any of that advice. They refused each and every amendment. They voted them down. They basically told farmers and others to get stuffed. They put on the whips and they voted against every single idea that was presented to the standing committee to try to make Bill C-52 useful. They forced it through with absolutely no change.

Sure enough, as everybody predicted at the time, it failed. Not a single service level agreement was ever completed under the useless Bill C-52.

That is one of the reasons the grain industry is now in such chaos. Grain shipments are months and months and millions of tonnes behind. Piles of crops are stranded on farms across the prairies. Some are now spoiling. Feed users and domestic processors cannot get the supplies they need. Terminals are half empty. Ships are waiting. Demurrage charges are horrendous.

Many sales have been lost outright; others have been deferred, and the prairie price is now down by 35% or 40% compared to where it was last year. Good customers like the Japanese are simply going elsewhere to buy the grain that they would normally come to Canada to get. World grain conferences are talking incessantly about the “unreliable” Canadian grain system. Some farmers have not had any income since last year. They are rolling last year's debt into next year's debt.

When all that is added together, and by the government's own calculations as specified in its March 7 order in council, the impact of this disaster is now in the range of some $8 billion in costs and losses. That is $8 billion scooped out of the prairie farm economy, most of it taken directly from the pockets of farmers.

The problem has been dragging on for very nearly six months now, and the best the government can forecast is that it will take another six long and painful months to clear the backlog that now exists.

Grain companies are going to have a banner year. The deductions that they are taking off farmers' cheques have never been higher. Railways are going to have a banner year. In fact, they have gone to New York and boasted to their shareholders that this year's grain problem is just a “modest” little thing. They tell their shareholders not to worry, because grain shippers are captive shippers anyway, and there is no other way to move the product. There are no serious financial penalties for not moving it, so eventually the railways will get paid in full.

The only ones here who are out of pocket for that $8 billion are the farmers. Crisis legislation is obviously necessary. Indeed, it is long overdue.

How did this mess arise? Everyone blames everyone else. They blame the weather and the big crop that came from the bumper harvest last year. It is always somebody else's fault. No one is responsible and no one is accountable for the failure and the damages.

However, let us think of the painfully damaging message this sends to prairie farmers. Of all of the participants in the grain system, the farmers are the ones who did their jobs very well last year. They produced maybe the best crop in history. Now the system is telling them not to dare do that again, because the rest of the system cannot handle anything more than just an average crop. Neither do we have the will to give grain any sense of priority, so the farmers are being told to just be content with mediocrity.

That is what the system is saying to farmers through the massive failure this past year.

That is simply not good enough.

The system failed farmers this past year. It failed badly. There is responsibility all around: for the railways, for the grain companies, and maybe even a bit for the cold winter. But if the system failed, then this is the question that must be asked: who designed the system? Who put it in place? Who set it up for failure? Who has imposed $8 billion in costs and losses on prairie farmers?

The unequivocal answer to that question is this: the current Government of Canada. This disastrous system, the one that has failed so badly, is the one that was designed and implemented over the past three years by the current government. That is where the buck has to stop.

So, we are faced will Bill C-30.

I think one thing in the bill that almost everyone, except the railways, would applaud is the change with respect to inter-switching. That would, possibly, simulate competition at a great many more delivery points across the Prairies. That would be a good thing. I note that some of the farm organizations are welcoming this move. They are also describing it as a modest improvement. However, it is an improvement and we all hope that it will work.

The legislation would also re-legislate the order in council from March 7, the one that ordered the railways to move a certain volume of grain in a certain timeframe. Significantly, however, the legislation would not improve upon the order of March 7. The railways would not be asked to do significantly better than they would otherwise have done anyway, with the onset of spring.

The question is, why not? That is the question being asked so eloquently by the minister of agriculture in the Province of Saskatchewan. He is a very practical, businesslike, down-to-earth minister. He is a no-nonsense kind of guy. He would not propose a volume or a penalty system that was outlandish, outrageous, or impossible to achieve.

The Province of Saskatchewan, through the minister, has asked for about an 18% increase in the volumes to be shipped, and for penalties to be at the rate of $250,000 a day instead of $100,000 a day. He has looked at it, he has examined it carefully as someone who knows the system, and he is saying, “Why not?” That would help, too, if the government could have a positive answer for Minister Stewart.

The rest of Bill C-30 would largely enable legislation to authorize the creation of future regulations. There would be no immediate action. It would simply be a matter of future hypotheticals if regulations were ultimately to be forthcoming.

We ask the question: why are there no legislative guarantees for farmers? A regulation could be changed by the stroke of a pen in the middle of the night. Right now, no one knows what those regulations might say. It would be very helpful if the government would table the draft regulations before the standing committee so it would know what those regulations would likely do when they finally come in.

For example, would there be comprehensive monitoring from one end of the system to the other to measure, analyze, and report publicly on grain marketing transportation and handling and the outcomes the system is actually generating?

Would there be complete transparency?

Would there be regulation on the basis calculations and the deductions that come off farmers' grain cheques and go into the pockets of grain companies? That basis spread, today, has never been wider in Canadian history, meaning that the grain companies are getting a lot of money and the farmers are getting less.

Would there be any sensible busines-like coordination of grain handling and transportation logistics to replace the absolutely chaotic free-for-all that exists today? No one is out there directing traffic, so we have a snarled mess.

What about short lines? What about producer cars? These were the issues raised by the Parliamentary Secretary to the Minister of Foreign Affairs.

What about servicing domestic customers, like the feed grain users in the Fraser Valley and the cereal manufacturers in eastern Canada?

Would there be a full costing review to track all revenues and costs to follow the money in the grain system to see how the efficiency gains have been shared or not shared over the past 22 years when then there was the last costing review?

Would there be any new capacity or surge capacity in those service level agreements? Would there be any precise definition about what service the railways must provide? How would performance be measured, and would farmers get liquidated damages when the system fails? Penalties paid to the government do not help farmers. The damages need to be paid to the farmers who have incurred the losses.

Why has all of this been left out of Bill C-30? It has been left to be done by regulation, maybe sometime. Why were these specific amendments voted down when they were last considered by the government a year ago in the context of Bill C-52? When will farmers get to see any of those proposed draft regulations? I think it would be very wise for the government to make sure that farmers and all of us have a chance to review those regulations before the standing committee is called upon to vote on Bill C-30.

Finally, will the government accept common sense amendments to try to fix the mess in grain handling and transportation, in the interests of farmers who, I repeat, are the ones and the only ones who are picking up the tab for all of this disaster?

Concerns about the inadequacy of Bill C-30 have obviously been expressed by many members of Parliament on all three sides of the House, and concern is coming from others as well: I mentioned the Minister of Agriculture in the Province of Saskatchewan; the Saskatchewan Association of Rural Municipalities has expressed concern; the Saskatchewan Canola Growers Association; and of course, the parliamentary secretary.

As the bill goes speedily through second reading today, which I think it should, and into the Standing Committee on Agriculture and Agri-Food for detailed consideration, the government needs to ensure that all of those who have these concerns, all of those who are going to be vitally affected for better or for worse by the outcome of Bill C-30, have the opportunity to be heard.

There are only about four meetings of the committee normally scheduled between now and when the House would adjourn at Easter. This matter has to be resolved before the Easter break. It would be very important for us to hear from all parties today, saying explicitly that, whatever extra hours or extra meetings of the agriculture committee may be required to make sure all the witnesses are heard, those meetings and hours will be added to the committee's agenda, so we can have a full ventilation of this subject. No one will feel they have been shut down or cut off, and we can all be assured that, when the final decisions are taken, the full information was before the committee and the decision is taken with full knowledge of what the circumstances are.

On behalf of the Liberal Party, I can say we are more than happy to have as many meetings as it takes to make sure everyone is heard. I think that is what I heard from the deputy agriculture critic for the NDP, and I hope the government would give us that assurance before the end of the afternoon, so we can all make sure that the agriculture committee does its job properly.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, in answer to some questions earlier, the Parliamentary Secretary to the Minister of Agriculture said that the agriculture committee will ultimately determine the witness list and the way the bill will be dealt with at the committee stage. With regard to all the witnesses who may want to be heard, I recall a year ago, when Bill C-52 was before the standing committee, that there was a long list. The committee had six or seven meetings to accommodate all the witnesses.

Between now and the Easter adjournment, there would likely be only four regular sittings of the agriculture committee to deal with this legislation. It needs to be dealt with surely before the House adjourns for Easter. I wonder if, from the NDP perspective, the hon. member would agree that if necessary, to accommodate the witnesses, we would all agree to extend the hours of the agriculture committee, have the committee meet around the clock if necessary, to ensure that every single farmer and representative of a farm organization who wants to be heard on this vital legislation has the opportunity to present to the committee.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, I actually have an article here, and I would like to quote the Parliamentary Secretary to the Minister of Foreign Affairs. He said:

Without a consistent car supply, western Canadian shortlines and the loading facilities located on them are left in an extremely precarious position.

He goes on to say that the long-term solution to the crisis lies in mandatory service level agreements between shippers and railways, with reciprocal penalties during times of poor service.

I think he is actually standing up because this has been going on for months. I know that both opposition parties have worked very hard. We have asked questions. Last year, when Bill C-52 came to committee, we worked very hard and had a lot of amendments to make sure that it had more teeth and was a good piece of legislation that would help.

People are standing up across the country and saying that this is not enough. Now we have some members getting up, shortly after the tabling of this bill, to say that it is not enough and that we should work together to make it a better piece of legislation.

I am really hoping that the government will work with us, because on committee we are outnumbered. I can do the math. I am hoping that there is more openness and that the government members will actually listen to witnesses and to us when we come forward with amendments to make this a bill that will actually work and prevent long-term problems.

Agriculture and Agri-Food

[Gerry Ritz, Conservative, Minister of Agriculture and Agri-Food]

Mr. Speaker, what farmers asked for a couple of years ago was the opportunity to market their crop at the time and price and place of their choosing. We did that with no help at all from the opposition.

We have moved forward on that rail review. We had Bill C-52 a year and some ago. The opposition did help us in that one, and that was welcome, but we also briefed them yesterday on the next steps: a piece of legislation going forward that will address a lot of what the member is asking for.

I am not sure just exactly what he misinterpreted from that yesterday. I thought we were very clear and very succinct in exactly what that piece of legislation would do.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, the so-called emergency action announced today on grain is little more than what the railways had already projected to do themselves in the weeks ahead.

Second, the government needs to fix the useless railway service legislation, Bill C-52, designed by the government, which fails to define service, fails to measure performance, and fails to impose damages payable to farmers.

Third is compensation. The system designed by the government has imposed costs and losses of $5 billion over the last five months. Will farmers get any of that money back?

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, there is a $5-billion disaster in the Canadian grains industry. It is not the farmers' fault. It is the utter failure of the Conservative government's rail bill, Bill C-52.

The law must be amended to better define rail services, to measure proper performance, and to compensate farmers with liquidated damages when the railways fail.

Liberal amendments to Bill C-52 would have fixed all these mistakes. Why did the minister and all those western Conservative MPs vote against these amendments?

Grain Transport

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, I was at the transportation committee when Bill C-52 was discussed, and it was clear that the grain shippers were not happy that they were not going to be able to negotiate certain aspects, which they are feeling now. The aspects of that bill they cannot negotiate are what they are being hit with: these big expenses.

In addition was the demise of the Wheat Board. While it was cheered wildly on the other side of the House, there was one thing the Wheat Board was able to do that is not possible now without it. That was to pay farmers and subsidize the transportation of grain eastward through Thunder Bay and Churchill in order to go westward. The Wheat Board did that as a regular part of its business, because it knew full well that the port of Vancouver could not handle a bumper crop. The port of Vancouver cannot transport all the grain that comes off the prairies to China. It just cannot do it. It is physically impossible, and here we are.

We knew it was going to happen, but the Conservatives are discovering it for the first time. We are having what is called an emergency debate, because there is an emergency. Farmers are not going to have money this year. They are not going to be able to plant crops next year if they do not have money this year.

The government has indicated that it wishes to use its legislative authority against Canadian National Railway. Will it do so, not just for the workers? Will it use its legislative authority—

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I do want to start by reviewing what our House has accomplished over the preceding five days since I last answered the Thursday question.

Bill C-51, the safer witnesses act, was passed at third reading. Bill C-52, the fair rail freight service act, was passed at third reading. Bill C-63 and Bill C-64, the appropriations laws, passed at all stages last night as part of the last supply day of the spring cycle.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, has been debated some more at third reading. Bill C-60, the economic action plan 2013 act, no. 1, was passed at report stage. Bill S-8, the safe drinking water for first nations act, was passed at report stage, was debated at third reading, and debate will continue.

Bill S-14, the fighting foreign corruption act, was passed at second reading. Bill C-56, combating counterfeit products act, was debated at second reading. Bill S-15, the expansion and conservation of Canada’s national parks act, was debated at second reading. Bill S-17, the tax conventions implementation act, 2013, was debated at second reading.

On Bill C-62, the Yale First Nation final agreement act, we adopted a ways and means motion, introduced the bill, passed it at second reading and it has since passed at committee. I anticipate we will be getting a report from the committee shortly.

Bill S-16, the tackling contraband tobacco act, was given first reading yesterday after arriving from the Senate. Bill C-65, the respect for communities act, was introduced this morning.

Substantive reports from four standing committees were adopted by the House.

On the private members' business front, the House witnessed three bills getting third reading, one being passed at report stage, two being reported back from committee and one was just passed at second reading and sent to a committee.

Last night was the replenishment of private members' business, with 15 hon. members bringing forward their ideas, which I am sure we will vigorously debate.

The House will continue to deliver results for Canadians over the next week. Today, we will finish the third reading debate on Bill S-8, the safe drinking water for first nations act. Then we will turn our collective attention to Bill S-15, the expansion and conservation of Canada’s national parks act, at second reading, followed by Bill S-2, the family homes on reserves and matrimonial interests or rights act, at third reading.

Tomorrow we will have the third reading debate on Bill C-60, the economic action plan 2013 act, no. 1. The final vote on this very important job creation and economic growth bill will be on Monday after question period.

Before we rise for the weekend, we hope to start second reading debate on Bill C-61, the offshore health and safety act.

On Monday, we will complete the debates on Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Today and next week, I would like to see us tackle the bills left on the order paper, with priority going to any bills coming back from committee.

As for the sequencing of the debates, I am certainly open to hearing the constructive proposals of my opposition counterparts on passing Bill S-6, the First Nations Elections Act, at second reading; Bill S-10, the Prohibiting Cluster Munitions Act, at second reading; Bill S-12, the Incorporation by Reference in Regulations Act, at second reading; Bill S-13, the Port State Measures Agreement Implementation Act, at second reading; Bill S-16, at second reading; Bill S-17, at second reading; Bill C-57, the Safeguarding Canada's Seas and Skies Act, at second reading; Bill C-61, at second reading; and Bill C-65, at second reading.

Mr. Speaker, I am looking forward to having another list of accomplishments to share with you, and all honourable members, this time next Thursday.

Suffice it to say, we are being productive, hard-working and orderly in delivering on the commitments we have made to Canadians.

There having been discussions among the parties that it will receive unanimous consent, I would like to propose a motion. I move:

That, notwithstanding any Standing Order or usual practices of this House, the member for Peace River be now permitted to table the Report of the Standing Committee on Aboriginal Affairs and Northern Development in relation to Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, now that we have been sitting for a week under our Conservative government's plans for a harder-working, productive and orderly House of Commons, I would remind all hon. members of what we have been able to achieve since just Victoria Day.

Bill C-48, the technical tax amendments act, 2012, was passed at report stage and third reading. Bill C-49, the Canadian museum of history act, was passed at second reading. Bill C-51, the safer witnesses act, was passed at report stage and we started third reading debate, which we will finish tonight. Bill C-52, the fair rail freight service act was passed at report stage and, just moments ago, at third reading. Bill C-54, the not criminally responsible reform act, was passed at second reading. Bill C-60, the economic action plan 2013 act, No. 1, was reported back from committee yesterday.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, was passed at report stage and we started third reading debate. Bill S-6, the first nations elections act, was debated at second reading. Bill S-8, the safe drinking water for first nations act, which was reported back to the House this morning by the hard-working and fast running member for Peace River, has completed committee. Bill S-10, the prohibiting cluster munitions act, was debated at second reading. Bill S-12, the incorporation by reference in regulations act, was debated at second reading. Bill S-13, the port state measures agreement implementation act, was debated at second reading. Bill S-14, the fighting foreign corruption act, was debated at second reading.

We will build on this record of accomplishment over the coming week.

This afternoon, as I mentioned, we will finish the second reading debate on Bill C-51. After that, we will start the second reading debate on Bill C-56, Combating Counterfeit Products Act.

Tomorrow morning, we will start report stage on Bill C-60, now that the hard-working Standing Committee on Finance has brought the bill back to us. After I conclude this statement, Mr. Speaker, I will have additional submissions for your consideration on yesterday's point of order.

After question period tomorrow, we will get a start on the second reading debate on Bill S-15, Expansion and Conservation of Canada’s National Parks Act. I am optimistic that we would not need much more time, at a future sitting, to finish that debate.

On Monday, before question period, we will debate Bill S-17, Tax Conventions Implementation Act, 2013, at second reading. In the afternoon, we will hopefully finish report stage consideration of Bill C-60, followed by Bill S-2 at third reading.

On Tuesday, we will return to Bill S-2 if necessary. After that, I hope we could use the time to pass a few of the other bills that I mentioned earlier, as well as the forthcoming bill on the Yale First Nation Final Agreement.

Wednesday, June 5 shall be the eighth allotted day of the supply cycle. That means we will discuss an NDP motion up until about 6:30 p.m. This will be followed by a debate on the main estimates. Then we will pass to two appropriations acts.

Next Thursday, I would like to return back to Bill C-60, our budget implementation legislation, so we can quickly pass that important bill for the Canadian economy.

Fair Rail Freight Service Act

[The Speaker, Andrew Scheer]

Pursuant to an order made on Wednesday, May 22, the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-52.

Call in the members.

The House resumed from May 29 consideration of the motion that Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), be read the third time and passed.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, the member made reference to those who are involved in grain farming. One of the things I had the opportunity to speak to when referencing Bill C-52 was how unfortunately the government, as exemplified in this bill but also generally in their approach across the country including passenger rail, leaves Canadians shortchanged.

I will use the example of the cuts to Via Rail that services Churchill, a port, as the member will know, that has historically been very involved with exporting grain. However, as the Wheat Board was gutted, it has missed out as well.

I am wondering why this member and his government are willing, time after time, to shortchange those hard-working farmers in farming communities when it comes to delivering fair, equitable access to rail services for passengers but also when it comes to making sure that industries are able to get a fair deal on rail transport.