Fair Rail Freight Service Act

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Denis Lebel  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Canada Transportation Act 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.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-52s:

C-52 (2023) Enhancing Transparency and Accountability in the Transportation System Act
C-52 (2017) Supporting Vested Rights Under Access to Information Act
C-52 (2015) Law Safe and Accountable Rail Act
C-52 (2010) Investigating and Preventing Criminal Electronic Communications Act
C-52 (2009) Retribution on Behalf of Victims of White Collar Crime Act
C-52 (2008) Canada Consumer Product Safety Act

Votes

May 30, 2013 Passed That the Bill be now read a third time and do pass.
May 29, 2013 Passed That, in relation to Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), not more than one further sitting day shall be allotted to the consideration of the third reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:15 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, the bill is not designed to get into the service agreement.

It used to be that when a shipper ordered a car from CN and it did not show up, it was no big deal. There was no penalty, nothing. If a shipper had trouble with weather or unforeseen circumstances and the car could not be loaded fast enough and moved out, then CN or CP could ding the shipper significantly, without any recourse.

This piece of legislation does not talk about what is in the service agreement, so if someone wants compensation for lack of service then it should be put in the agreement. All we are saying is that if the agreement is not complied with, the penalties will apply. There needs to be a tool to make sure that whatever is agreed upon is actually complied with, and that is what this legislation would do. Complying with the agreement should not be a winner or loser within the agreement to use as a tool. If someone wants compensation, it should be put in the agreement.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:15 p.m.

Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, it is important for me, as a member from Saskatchewan, to put on the record what this legislation means to the Canadian fertilizer industry. I want to quote Roger Larson:

The federal government has taken an important step towards balancing the commercial relationships between railways and their freight customers. Fertilizer companies have commitments to their customers not only in Canada, but the United States and around the world. Railway service cannot continue to be the weak link in Canada's export pipeline.

I would like the member to elaborate on how important this is with respect to our relationship and our trade with the United States.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:15 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, our trade with the United States is a great success story. I always say that we do not really trade with the United States; we build things together with the United States. Our supply chains are intricately linked. It does not matter if it is the forestry sector, the beef sector, the auto sector, or many other sectors, we do things together.

When I talk to my colleagues in the United States Congress, I tell them it does not matter whether they go after international markets and sell products to China or Japan, or that we do. The United States ambassador says that for every dollar that Canada trades with Japan, 25¢ of that goes to America because our supply system is intricately linked. We need to collectively go after those international markets because of the productivity gain that we will create. Both the United States and Canada will capitalize on those growing international markets in a much better way.

By 2050, there are supposed to be an extra three billion people in the world, and two billion of them will move from poverty to middle class during that time period. They will need energy, food and all of the things we produce in Canada and the United States. Those are the markets we need to go after.

Thinning the border, creating the productivity gains by having a good railway system between Canada and the United States, is absolutely essential in ensuring that we capitalize on those markets. We are the most productive in the world. Canada has great systems. We have some of the best food. We produce some of the best things, whether it is our automobiles and so on.

Canada and the United States are great allies and partners. We do a lot of back and forth trade—

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:20 p.m.

The Acting Speaker Bruce Stanton

Order, please. Questions and comments.

The hon. member for Chicoutimi—Le Fjord.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:20 p.m.

NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, I will try again with my Conservative colleague.

Is the member really saying that, even though the Minister of Transport, Infrastructure and Communities met with the CN representative a dozen times, that amount of pressure on the Minister of Transport was not a factor in his introducing a weak bill?

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:20 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, if the president of CN, Claude Mongeau, had impact on the minister, the bill would not be here. I have sat down with him a number of times, and he said we should not do it. He gave me all kinds of reasons why it would be a terrible piece of legislation. The railways are not really excited about this.

My argument to him was that if the railways do not want the bill, then they should have service agreements, and if they do not want service agreements, then they need the bill to be able to get them over the line. I would suggest that there is no impact there.

This is not a piece of legislation that either of the railways is excited about or interested in. They see the rationale behind the legislation. They are not supportive of the bill, but they are not saying anything very negative about it either.

Any time that both sides do not agree 100% on a bill, then that bill is usually striking the right note and balance. I think we have that here.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:20 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I want to thank my colleague from Yellowhead for his wise counsel on tonight's debate. As he said, as we go after these international markets with our trade agenda, which is going to be so important for the expanding of our economy, as we see with oil pipelines, they end up being a network that joins job centres together. A rail network is very much like that as well. It is a network that joins job centres together.

Would the member like to comment a bit about the positive impact on the Canadian economy as we pursue international agreements and we use our gateways both in the east, in Halifax, Saint John, and other places, as well as the west? Could he talk about the positive impact of jobs for these rail networks?

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:20 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, my colleague is absolutely right. The creation of jobs and the growing of our economy is absolutely critical, and the railways play a major role in that.

As a government, we have been able to put a significant number of dollars into infrastructure to make certain that the gateway project on the west coast, the corridor project to the south, and the eastern project corridor to the east capitalize on those international markets. The infrastructure that is built there would not only creates jobs, but it would also create an infrastructure that would create jobs because of the kind of trade we are expecting.

We are a blessed country in so many ways and have so much opportunity, especially as we see this massively growing international trading relationship around the world. Healthy railways lend themselves to the success of our country and the kinds of job opportunities we will have for the future.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:20 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I rise today in support of Bill C-52, An Act to amend the Canada Transportation Act.

Before I get going, I cannot help but mention that here we are, trying to debate an important piece of legislation, and yet the government has moved time allocation once again. This is the 37th time. What does the government have against parliamentary democracy? Why is it so determined to shut down debate and to prevent members of Parliament from having their say on important pieces of legislation? My colleague said how important this legislation is, and because it is so important, I am very disappointed that the Conservatives had to use these tactics yet again.

When we look at this bill, it actually gives our rail freight customers, or shippers, the right to service agreements with rail companies, especially CN and CP. It also puts into place, as my colleague said, a Canadian Transportation Agency-led arbitration process for failed negotiations, and penalties for violating the arbitration results.

This all sounds good, but I want us to take a look at what this means. By the way, we are speaking in favour of this bill. However, we do not believe this bill is complete. It does not address all the issues that the shippers, farmers and everybody needed it to address, but it does go part of the way.

We call this bill a baby step in the right direction. As good behaviour should always be rewarded, it is a piece of legislation going in the right direction. We have heard that this will not alleviate all the challenges faced by the shippers but it will go a long way in addressing a few of them. It is one of those cases of “better something than nothing”. That is why we are supporting this bill.

At this time I want to acknowledge the work done by the member for Trinity—Spadina on this file. She is an amazing critic for the transportation file. She is dedicated, passionate and has worked incredibly hard with different organizations of shippers, and representatives from the mining companies, the pulse growers, the Canadian Wheat Board, the automotive industry, as well as the mineral and chemical companies.

It is her commitment, compassion and not letting go of this issue that I believe has forced the Conservative government to bring this bill to this House right now. Quite honestly, they have been dilly-dallying over this piece of legislation for a very long time, long after the report was out. They have had lots of time to act.

The member for Trinity—Spadina has a private member's bill, Bill C-441, rail customer protection act. It is her absolute advocacy and outreach, and that kind of work in the House, as well as the pressure from the shipping community, that has put pressure on the Conservatives to table legislation.

I think we should always give credit when members of Parliament put in an incredible amount of work to benefit our farmers, mining companies, automotive companies that have to move cars, and, of course, all the other resource industries as well, including forestry. We are absolutely delighted with the work that the member has done.

I also want to pick up on something that was said just a few minutes ago. CN made a profit of $2.7 billion in 2012, in one year, yet when I look at the penalty they will face, it is $100,000. By the way, that penalty is not paid to the shippers; it will be paid to the government.

I look at that and ask which lobby group has been successful. One just has to take a look at this bill. I have talked with shippers in my riding and visited a port where grains and legumes come in. This is when I learned something absolutely amazing, which you will be surprised at as well, Mr. Speaker. Did members know that Canada is the largest provider of pulses to India? In my naiveté, I always thought that lentils, chickpeas and all of those legumes were being brought to Canada from India and other countries. I was quite shocked to find out it was the opposite. It was the Canadian consul in Chandigarh who told me. He presented the figures and asked me if I knew that Canada is the largest exporter of legumes to India. A lot of those legumes go through the port of Vancouver and the port of Delta.

What I have heard from business people in my community, those who receive and ship, is the travesty that exists right now. They actually have to wait, sometimes for days and days, because the promised carriages do not arrive. If they are slow to unload a trolley—I think it is called a trolley—when it arrives, they end up having to pay fines, but there are no consequences for the railway companies if they are late, do not send enough trolleys or if the trolleys that arrive are damaged and, therefore, cannot be used.

I looked at the ledger with one of these business people in great detail, who wanted to show me the impact it was having on his business. Let us say that he does not get the shipment on time, that the shipment of pulses that arrives from the Prairies does not get to his place on time. In the meantime, he not only has trucks and truck drivers waiting but labourers waiting to unload, and he has time booked at the port. Guess what? He has to pay all of them, through no fault of his own, just because the railway company is delayed or because it does not deliver all the trolleys he was expecting on that date.

I thought it must just be a few dollars here and there. I was surprised at how much these shippers pay if they do not empty the trolleys on time. However, I was also shocked at the port fees they still had to pay if they did not take up their spots and how the costs escalated the longer they waited. Really, we are not talking about simple costing. This bill has compensation—no, not compensation, a slight penalty for the railway companies of $100,000 when they make $2.7 billion in profit. Guess who that money goes to? It does not go to offset the real costs incurred by the shippers and receivers, those who grow and ship the goods. That money goes to the government.

I have been shaking my head on that one, thinking this makes very little sense. Does the government really have a vested interest in making sure that this new piece of legislation really works, if it knows that every time CN Rail is late, it is going to get $100,000? That does not seem like a penalty. It seems like the government has built in a bonus for itself. We really have to take a look at that.

Our railway system is the backbone of our country. There is no doubt about it. From some of the early CP and CN stories we have all read about, glorious or not so glorious, we know that 70% of our surface goods are moved by rail. That is a significant amount. When we say that there are shippers who actually suffer the consequence of this, we are not talking about a small number of people.

This is another figure that absolutely astounded me. It is that 80% of service commitments for agricultural rail customers are not met by rail companies. I think 80% would get a big F if I were grading them for service. Let us say, out of 100 times, 80 times they fail to meet their deadlines. We are talking about produce that has to be moved quickly and people are waiting for it. We are also talking about some produce that could get spoiled, but we are also talking about the ricochet or cascading costs that I just mentioned earlier.

There are delays. There are insufficient numbers of rail cars. Some rail cars arrive and they are damaged. Sometimes they order 12 rail cars and guess how many arrive? For one person I was talking to, shippers might only get half the rail cars they ordered. That puts all kinds of stress on the system. Once again, when we look at the losses incurred by the shippers, the bill fails to address that. I would urge my colleagues, even at this late stage because it is in their hands, to really take a look at that.

The rail freight service review said that 80% of shippers are not satisfied. By the way, we are not talking about one industry. Of course agriculture plays a huge role in this area, but we are also talking about forestry, natural resources, manufactured goods, mining, chemicals and as I said earlier, all the agricultural belt. Key stakeholders in agriculture, mining and forestry industries, not just individual people but associations representing these industries, have been calling for freight legislation for years.

Let me give some examples: Pulse Canada, Grain Growers of Canada, Forestry Products Association of Canada and the Mining Association of Canada. Once again I would say that as I have talked with many business people in my community who are involved in the shipping industry they have been so full of praise for the member for Trinity—Spadina who has done such great work on this file.

Canada's shippers deserve fair and reliable rail freight service for the good money they are paying. Right now with the way our country is, CN and CP seem to hold a dual monopoly. The impact of that monopoly has not been addressed by Bill C-52 because the one area that has not been addressed is pricing. That is a critical part as well, and it is not only pricing, but also the fact that there is no compensation for the shippers.

There were six recommendations from the shipping community at the committee stage, sensible, practical and modest. They were all rejected. This is an all too familiar pattern. I sit at the immigration committee as vice-chair, and it does not seem to matter what amendments we propose. Even amendments that the minister thinks would be really good ones because we take up his wording just get rejected.

However, these were not amendments from the opposition. These were amendments suggested by the shipping community, the business community, the people who are the backbone of this country who pay taxes and who were looking to the government to show them a level playing field. Once again, the government has failed to show a level playing field to all the industries I mentioned, including agriculture. Once again, it has chosen to stand closer to the big corporate friends like the railway lines, CP and CN.

Members know that the NDP is not going to give up. We are not planning to go away. We are planning to work harder than ever. We will continue to work with the shipping community to tackle the issue of gouging through uncompetitive rail freight rates.

Do members know what? This was an opportunity for the government to address that issue, to take a holistic approach, instead of taking a baby step, a very tiny baby step. In here, we can talk about the economy. We can talk about growing jobs. We can talk about all kinds of issues. However, here was a concrete opportunity for the current government to do something that would help to bolster our economy, agriculture, the mining industry, the forestry industry and the automotive industry. Once again, it was very short-sighted and just decided to take a baby step.

One of the key things we have to take a look at is that when we look at the moving of goods and think that 70% of our surface goods are moved by rail, in this huge country—and by the way, as we know, moving goods by rail is much more environmentally sound than it is to move them by road—the government had an opportunity, at this time, to support the pulse growers, the grain growers, the mining industry and the forestry industry.

We know that disruptions to rail freight services and unacceptable service costs cost the Canadian economy hundreds of millions of dollars every year. The businessmen I have talked to when I have taken a look at the losses they incur, when they incur those losses, they impact the community I live in. They impact right across this country. A few of the business people have been telling me that they absolutely—

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:35 p.m.

Some hon. members

Oh, oh!

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:40 p.m.

The Acting Speaker Bruce Stanton

Order, please. The hon. member for Newton—North Delta has the floor.

Order, please.

To the hon. member for Newton—North Delta, when the Speaker is standing, typically, he has the floor.

I would say to all hon. members that I know it is getting on, but when another hon. member has the floor, we would certainly ask that they yield the floor to them.

The hon. member, please.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:40 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, thank you for reminding me. My apologies. No lack of respect was meant by that at all.

Because rail cars arrive late or because of the state they arrive in or because of all the other delays, that costs the economy hundreds of millions of dollars and that ricochets right across communities across Canada and then plays into the price for the goods. Quite honestly, it damages our international reputation as well.

Can members believe that Canada is the largest shipper of legumes to India? I never would have believed it if I had not found that out for myself.

In any event, rotting crops, idle plants and mines, and missed ships are the daily reality for industries across Canada.

The NDP stands with the—

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:40 p.m.

The Acting Speaker Bruce Stanton

Order, please. The hon. member for Newton—North Delta may have the opportunity to address those points perhaps in the round on questions and comments.

The House resumed 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.

Fair Rail Freight Service ActGovernment Orders

May 29th, 2013 / 10:45 p.m.

Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Mr. Speaker, I listened to my colleague's very passionate speech, but there were some contradictions.

First, the member made it sound like this government was pitted against industry. To that, I will read two quotes.

First, the Grain Growers of Canada, one of the groups she said we did not consult with, said, “We especially thank [the] Agriculture Minister, [the] Transportation Minister and the federal government for listening to farmers and moving this legislation ahead”.

The Chemistry Industry Association of Canada, a second industry player, said, “this legislation is critical”.

The other contradiction is that, given all the doom and gloom the member has spoken about, how is she going to bring herself to vote for the legislation?

I believe the NDP is going to vote in favour of the legislation.