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. The Library of Parliament often publishes better independent summaries.

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

February 4th, 2013 / 3:30 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I thank my colleague for his speech. I am pleased that he mentioned the coexistence of passenger trains and freight trains.

I believe that coexistence, the role that CN has to play in our communities, is one of the bill's main themes. I know a lot about that because a railway passes through my riding. I will have occasion to say more about that later on.

Since this is a first step in the right direction, I would like to ask my colleague to elaborate on how long we could continue working with CN and move ahead with various projects, whether it be that of AMT, which wants to electrify the rails, or with the project we are considering today, the agreements between producers and railways.

I would like my colleague to talk about that because, in the NDP's view, cooperation and teamwork are part of an effective approach.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:30 p.m.
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NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I thank my colleague for his excellent question. In a fundamental way, it is all a matter of relations between the various groups, quite apart from numbers, profits and services rendered.

What is important, and what will have to be increasingly so, is that some companies do not really have any competition. We have to admit that fact. It was acknowledged in the rail freight service review report, which we have already discussed, that the competition was going to be tough.

So it is important for those businesses to be aware of the fact that, given their internal culture, they will have to start cooperating with others.

In a last-ditch effort, they have started to improve certain types of services, but that is unfortunately too little, too late for this bill. On the other hand, I believe that, if they are getting the message, we might perhaps have something better in future.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:30 p.m.
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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Prime Minister and to the Minister of Intergovernmental Affairs

Mr. Speaker, first of all I am delighted to hear the hon. member indicate that he is going to be supporting the legislation.

I think it is important that members recognize that when we talk about Canada's freight rail system, we have to talk about it in a North American context since it really is a fully integrated system. Ultimately we have to recognize that while there are challenges within the system with respect to the shipper-railway relationship at times, even though that rarely happens, we really do have the greatest freight rail system in the world. It enables so much business and gives so much back to our economy.

Does the hon. member agree with the principle that first and foremost we would like to see market-based solutions, and that this mechanism should be used as rarely as possible, wherever there is a situation that cannot be solved between the shipper and the railway?

I think this is a good follow-up system. What the minister has put forward is a good system to support shippers and railways and to help them derive market-based relationships and solutions on their own. Would the hon. member agree with that?

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:30 p.m.
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NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I thank my colleague for his question.

At the beginning of his question, he mentioned that there were continental relationships when it comes to shipping. That fact is undeniable. If there is one thing that CN and CP customers want, it is that their goods be delivered as quickly as possible. That is the problem. And the reason the government has decided to act after many years of standing idly by is that market-driven logic unfortunately failed this time.

Moreover, that is why, in my speech, I called on CN and CP to change their corporate culture, which is focused solely on profit, in an environment where it is really not possible to be ruled by completely market-driven logic. Indeed, you cannot create 10 competitors for CN and CP just like that. As members are aware, this kind of infrastructure makes it is quite difficult to develop competition.

I said in my speech that CN and CP should view this bill as a warning sign that things are bad and that they need to improve their practices. We are here solely because there is a problem that needs to be addressed through Bill C-52.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, earlier today I made reference to a former Minister of Finance, my colleague the hon. member for Wascana, and the efforts he has put in over the last number of years in calling upon the government to bring forward this legislation.

The need for the legislation has been there for a number of years. Initially, it started as a request in 2007. Liberals are glad we finally have the legislation here. We recognize there is a need for changes to the legislation. There is no doubt there will be a number of recommendations for changes once it hits the committee stage.

One of the questions an NDP colleague had posed to me was in regard to having freight rate charges within the legislation. I indicated that I would have a lot of reservations with regard to that. However, would the hon. member comment as to what the NDP might be thinking in terms of putting freight rates into the legislation?

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:35 p.m.
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NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I thank my colleague from Winnipeg North for his question.

I touched on the issue of committee work. In fact, I asked him a question regarding this during his own speech. I said that I wanted debate in committee broadened to go beyond the scope of Bill C-52 and focus on problems, so that rail transportation can get better.

I hope that my colleagues will agree with me regarding the need to open up debate and see what members have to say about other issues in the report that the bill does not address.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:35 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I thank the member for Louis-Hébert. He raised a matter that is close to my heart: the importance of developing resource regions.

Early in the process of colonization, when Canada developed its coast-to-coast railway, the resource regions were not heavily populated. This engine of development was nevertheless put in place in order to promote progress nationwide.

In Gaspé, for example, where I was born, the freight train between Gaspé and Chandler has been removed, depriving small and medium-sized businesses of the development opportunities to which they are entitled.

Does the member for Louis-Hébert want bulk shipping to reach Canada’s remote regions?

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:35 p.m.
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NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I thank my colleague from Charlesbourg—Haute-Saint-Charles for his excellent question, since indirectly, that is what is at the heart of this bill. It is about the capacity of a vast nation like ours to service the entire country, regardless of the population density of its geographical sectors.

That is why the railways were built, and it is unfortunate that, in recent years, the focus on profit at all costs has made it difficult to develop and maintain businesses in Canada's most remote regions.

That is why it is important to once again strike a balance, a word that I have used on several occasions, between profit-driven logic and the capacity to support regional development.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:35 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, Bill C-52 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 fulfill its service obligations to the shipper.

In point of fact, clients of the rail transportation system, like farmers and mining companies, are victims of the near-monopoly held by railway companies: service interruptions, delays and other disruptive situations at Canadian National and Canadian Pacific are harmful to industries such as agriculture, forestry, mining and manufacturing, which do not receive compensation. A large proportion of the goods are intended for export. Poor rail transportation services damage the ability of Canadian exporters to compete on the international marketplace, particularly in terms of agricultural products.

Moreover, a number of shippers have difficulty, not just in getting good service, but in getting any service at all. Shippers complain that they are not able to sign freight contracts with the big railway companies. This situation is detrimental to Canadian exporters. Steps must be taken, especially because right now the trade deficit is very high. I would like to point out that the trade deficit reached $2 billion last November.

Statistics show that 80% of railway clients are dissatisfied with the service they receive. As the situation is one of a quasi-monopoly, it is important that the government take action to ensure that clients are better protected. It is the shippers who have to pick up the pieces if their goods do not arrive on time. This causes huge inconveniences.

When perishables are being shipped, the situation is disastrous, because by the time the goods arrive at their destination, they may be rotten or just not usable. This hinders Canada’s competitive position. For example, Canadian soybean growers are placed at a competitive disadvantage vis-à-vis their Argentinian competitors, not because of the quality of their product, but because of unreliable shipments. The growers should not have to bear the cost of this situation.

Rail transportation of goods is vital in many respects. First of all, since 70% of goods are transported by rail at some point, we need to have an efficient system. Secondly, rail transportation makes it possible to keep trucks off the roads, thereby limiting greenhouse gas emissions that result from the transportation of our goods. By ensuring that a certain number of trucks are not on the roads, we avoid putting additional pressure on our road infrastructures, that do not really need it.

I come from the Montreal area. Like my constituents in my riding of Saint-Bruno—Saint-Hubert, when I use the highways, I can see many trucks, and I can also see the state of the infrastructure, which is underfunded. Therefore, we need a rail transportation system that is efficient and accessible, so that we do not make the situation worse. Moreover, we need investments to restore our existing infrastructure.

Inaction on this issue will be costly for the Canadian economy. The situation cannot continue. Inadequate rail service is costly for Canadian businesses, and it is detrimental to the economy and to the labour market. In 2008, the government set up a panel of experts that studied the issue for three years. Their report was submitted in early 2011.

The government also initiated a mediation process that served only to show that Canadian National and Canadian Pacific lack the will to solve the problem and to provide adequate service to shippers. Although this bill could be improved, it is part of the solution.

Bill C-52 will cover only new service level agreements, not those that already exist. Many shippers will therefore continue to live with unreliable and unfair service, without having any recourse to dispute resolution if violations of existing service agreements occur.

Furthermore, arbitration is only available for shippers who are negotiating new contracts. Instead of providing fast, reliable dispute resolution for all shippers, Bill C-52 is offering a limited arbitration process for a small group of shippers. The proposed arbitration process may be too costly for shippers and require an unfair burden of proof by asking shippers to prove that they need the services of the rail company.

To find a comprehensive solution, we also have to consider the question of rates. While some members of the shipping community wanted to address problems with rates in this legislative process as well, the Conservatives made it clearly known that they will not be examining that aspect before the next legislative review of the Canada Transportation Act, in 2014 and 2015.

Of course we have to tackle the problems associated with service level agreements, but we also have to consider how we can make rail transportation more affordable. We have to tackle the problem in its entirety to ensure that our businesses, some of which are in rural communities, are an important element of the local economy.

The situation affects numerous sectors, such as natural resources, manufacturing, agriculture, forestry products, mining, chemicals and the auto industry. No one is really spared.

It is also important to note that the mining sector is the second largest employer in first nations communities, after the public sector, of course.

Improving rail services for shipping goods from mining companies could have a positive impact on the economic situation of the aboriginal peoples in some regions of the country. The government should be working with first nations leaders to improve their living conditions and the economic circumstances of the aboriginal people. There needs to be a sense of urgency to move quickly on this issue.

I will conclude by saying that it is most important that we not solve problems by halves. We have to tackle the problem in its entirety. I know that Bill C-52 is a small step forward, because this is a crisis.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, again, I want to emphasize the importance of the rail line industry to Canada in many different ways, primarily in terms of the economic impact it has for all Canadians. At the end of the day, as I have indicated previously, the need to do something or take some sort of action is there. It is very real, and it has been called on for a number of years already. Today we are now debating the issue.

The Liberal Party, in principle, supports the legislation to go to committee in anticipation that there will be amendments acceptable to the government, and obviously open it to the stakeholders. Does the member believe, as we believe, that it would be a tragic mistake for the government not to recognize the need to make amendments to the legislation, thereby giving it more strength to protect our shippers, our consumers and, to that degree, the rail lines themselves?

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:45 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I thank my colleague from Winnipeg North. I listened closely to his question.

We believe this is a first step in a crisis situation. The Liberals had until 2006 to introduce a bill, but unfortunately they did not do so. This is what we are suggesting. We are in favour of Bill C-52 going to committee, so witnesses can be heard and amendments will probably be made.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:50 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, this is totally shameful. I have seen the figures and I cannot get over them. I must note that I am not a member of that committee. The report says that 80% of rail shipping service customers are not satisfied. That is unbelievable. If I had a business and 80% of my customers were not satisfied, things would be in a bad way. That is a given.

How can the member explain that? Is it protectionism? Is it declining use? What is going on that results in customers not being satisfied? Do these companies have a monopoly on the railway?

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:50 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I thank my colleague for her question.

We are well aware that the Conservatives are protecting their friends in the big railway companies. By giving the railway companies what is essentially a monopoly, the Conservatives are treating Canadian shippers as if they do not matter. Unfortunately, that is the answer to the hon. member's question.

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:50 p.m.
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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, given that 70% of our goods are shipped by rail and that it is very important to increase demand for rail transportation services and the quality of those services to reduce trucking and greenhouse gases, does my NDP colleague believe that the Conservative government is serious enough about improving Canada's rail transportation system?

Fair Rail Freight Service ActGovernment Orders

February 4th, 2013 / 3:50 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I would like to thank the member for his question.

We are discussing Bill C-52 today because nothing has been done up to this point, obviously. Unfortunately, the government waited until there was a crisis and the shippers and the NDP put pressure on it to introduce this bill.

This is not ideal, but it is better than nothing. That is what the shippers are telling us. They are not really satisfied with the bill, but they hope it will be improved upon in committee.