Fair Rail Freight Service Act

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

This bill was last introduced in 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.

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.

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 30th, 2013 / 12:50 a.m.


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Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, I am looking at some of the notes that we have. I understand that the railway companies seem to be opposed to this legislation. Meanwhile, the shippers are in favour of it. Here we are again with legislation that is a bit controversial. All that is going to happen with this legislation, and perhaps the member could clarify this, is that we are going to have more litigation and more delays.

How is the bill going to rectify this so that all parties are going to be in agreement? Is the bill going to make both the shippers and the railways happy with providing services to Canadians because ultimately that is who we are here to serve?

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:50 a.m.


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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, I think it is fair to say that the situation up to the tabling of the bill was that there was a lot of conflict between those sectors that needed to use the rail service and those providing the rail service. This legislation is meant to provide tools to both the rail service and to the service users in order to rectify any problems they may have. Particularly it was those who use the rail service to ship their products who felt they were disadvantaged, in that they did not have options at their disposal to fix problems that occurred when they tried to ship their products.

This legislation has come about after considerable consultation with both the rail service providers and those who use the rail service, in order to provide each side with tools to build bridges across their differences.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:50 a.m.


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The Deputy Speaker

Resuming debate, the hon. member for Skeena—Bulkley Valley. The member will only have about five to six minutes.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:50 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, this is the first opportunity I have had this evening to specifically commend and thank opposition members for being present and continuing to push life back into Parliament and the parliamentary process. The government has grown, with a certain level of addiction, to the use of closure motions, shutting down and cutting off debate.

What is most remarkable is that before any effort has been made to negotiate the timing and order of legislation through Parliament, which has been the custom of parliaments, regardless of their construction over many years, another closure motion has been moved tonight on another bill on which the opposition agrees with the government. Yet here we are with a government that not only wants to cut off debate formally, but also thinks that heckling is a way to suppress comments on its legislative agenda, or lack thereof.

I would ask the government House leader to contain himself for a moment. I know it is late, I know he may be a bit jagged, but the fact is this is of his own making, that members are all gathered and sitting here at midnight.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:50 a.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

This is correct.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:50 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

He agrees this correct.

The Conservatives decided that this is the best way to pass legislation. Not only do they want to cut off debate, but they want to extend sittings until midnight because they think this is a productive way to run a government. Canadians believe otherwise.

The government is so scandal plagued and interested in getting out of town that it has to push the clock and shut down debate. There is yet to be a commitment from the Conservatives to sit out the calendar of this parliamentary session. Based on the experience of the most recent question periods, it is no wonder the Conservative Party wants to skip town as quick as possible.

Let us take a look at this legislation. My friends had every opportunity tonight to add their comments to the debate. I am not sure why they waited until the last three minutes of the evening to heckle me and my efforts to add something.

The government has purported two things in the legislation. One is that the bill is perfect. It must think it is perfect because it accepted no amendments. It did not change a thing because it felt that all the testimony, hearings, expert witnesses and shippers who came forward with recommendations and changes were all wrong. The only people who were right in the conversation was the Conservative Party of Canada.

Lo and behold, in bill after bill, in legislation after legislation, when we hear from witnesses, gather the evidence and put it into amendments, there is only one thing that remains constant, and it is that the Conservative Party is always right on all matters. They applaud with a sense of arrogance and entitlement. I remember another party that felt that certain sense of arrogance and entitlement, that got a little drunk on its power and majority status and in slow measure the entitlement to those entitlements led it down a path that was entirely self-destructive.

I worry for my friends across the way. I lament the Reformers who first came to the House and said things like, “We'll never appoint anyone to the Senate, we'll respect the parliamentary process and we disagree when the Liberals invoke closure on bills because we do not think it is right”. Lo and behold, those same Conservatives cannot be found these days. The inconvenience of democratic institutions and debate have somehow got in the way of the Conservatives' laser-like focus on their own agenda to the chagrin and lament of many Canadians.

Throughout the evening, the New Democrats have stood in their places and said that while they will not sacrifice the good for the perfect, this is an opportunity for the Conservatives to continue to learn that they are not the experts in all things, that they should once in a while put a little water in the wine and have a little humility to realize that when we go through the process of studying legislation, hearing from the actual experts who are going to be impacted and drive our economy, maybe they should listen once in a while and accept some of those recommendations and amendments. Once in a while a little humility would be a good thing. It looked good on some of my friends across the way to say that when governments achieved that sacred majority status, they were not given divine powers and they did not write legislation that was perfect in every comma and period.

Some of my friends apparently disagree, but I would suggest that in order for our democracy to function and work well, the quality of the conversation must be based upon the ability of those in power to actually listen once in a while. They should listen to Canadians, respect our values and our views and our country would be made so much better for it.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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The Deputy Speaker

It being 12:55 a.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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Some hon. members

Agreed.

No.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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The Deputy Speaker

All those in favour of the motion will please say yea.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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Some hon. members

Yea.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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The Deputy Speaker

All those opposed will please say nay.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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Some hon. members

Nay.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 12:55 a.m.


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The Deputy Speaker

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to order made on Wednesday, May 22, 2013, the division stands deferred until Thursday, May 30, 2013, at the expiry of the time provided for oral questions.

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.

Fair Rail Freight Service ActGovernment Orders

May 30th, 2013 / 3:05 p.m.


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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.