Safer Railways Act

An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

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.

The amendments amend the Railway Safety Act to, among other things,
(a) improve the oversight capacity of the Department of Transport by, for example, requiring companies to obtain a safety-based railway operating certificate indicating compliance with regulatory requirements;
(b) strengthen that Department’s enforcement powers by introducing administrative monetary penalties and increasing fines;
(c) enhance the role of safety management systems by including a provision for a railway executive who is accountable for safety and a non-punitive reporting system for employees of railway companies;
(d) clarify the authority and responsibilities of the Minister of Transport with respect to railway matters; and
(e) expand regulation-making powers, including in respect of environmental management, and clarify the process for rule making by railway companies.

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.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:10 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I greatly appreciated my colleague's comments. Her appreciation for the railway is very well known, and she is absolutely right—it is probably the best and most agreeable way to travel in Canada.

Clearly, there are safety issues. There was the accident in Burlington. We all offer our condolences to those who were affected by this unfortunate incident. In addition, railways across Canada, including the one in my riding in the Gaspé, are falling apart. Our railway is closed because of safety issues and a lack of maintenance. It is the same thing in British Columbia.

Could my colleague perhaps tell us a little bit more about the state of the railways, particularly in British Columbia. Could she tell us just how unsafe the railways in British Columbia are?

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:10 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it was heartbreaking for me when the passenger railroad service from Nanaimo to Victoria stopped. When my children were little one of their favourite outings was to get on the train to downtown Victoria, go to the museum and the legislature, go to the park for a picnic, and get back on the train for home. It was a very safe way to travel. I spent quality time with my children. However, many passenger railroads in B.C. have been closed.

Last summer when I was in the Rockies I had the pleasure of watching the train that goes through the bypass in the Rockies. I could see the beginning, the middle and the end of the train at the same time. I would have stayed there for another day to see that all over again but for some weird reason my partner would not agree.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:15 p.m.
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NDP

Claude Patry NDP Jonquière—Alma, QC

Mr. Speaker, I would like to thank the hon. member for her speech.

I would like to mention that, in the region where I am from, in my riding, the train travels mainly between factories. Why does Canada not develop more railways, as in Europe? Today, more and more goods are being transported by heavy trucks, which is more expensive and is causing more and more damage to our roads.

Why does Canada not develop a safe and rapid rail service like the one in Europe? I would like to hear what the hon. member has to say about that.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:15 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I agree with my colleague. We need to invest in our infrastructure. We should be moving more freight by rail. We should also improve our passenger service between cities. Besides the environmental impact, it is less stressful for people to sit on a train than it is for them to drive through traffic for hours.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:15 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, would my colleague agree with me that it offends the sensibilities of anyone who cares about democracy for us in the House of Commons, the elected chamber, to be dealing with a piece of legislation that was not put forward by the elected representatives of the people but comes to us from the Senate?

Is it not true that any time a bill comes to this chamber beginning with the letter “S” it should be condemned in the strongest possible terms regardless of the merit of the legislation, because of the fact that senators have no right to introduce legislation, they have no mandate from the Canadian people to introduce legislation? They are a bunch of hacks and flacks, failed candidates and bagmen. They should not be introducing legislation into this chamber. We should condemn it at every possible opportunity.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:15 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is no secret that I agree with my colleague that the Senate is not a democratic institution. It now seems to be filled with failed candidates from previous elections. It has become a payola and retirement gift to many. As I said when the banking legislation came before us, it had no right to go to the Senate first, it should have started here. As a democratic institution, Parliament in Canada is at risk and our parliamentary democracy is at risk with all the time allocations and playing around with the rules to--

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:15 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. Resuming debate with the hon. member for Winnipeg Centre.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:15 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I appreciate the opportunity to add some of my points of view on this bill.

I already raised my sincere objections to the fact that the House of Commons is seized of an issue that originated in the unelected, undemocratic Senate. Senators have no mandate from the people to introduce legislation. Therefore, this bill itself is illegitimate, in my view.

Legislation should never originate in the other chamber. I raise this point to recognize and pay tribute to someone who has made this point many times in the House of Commons and who also is perhaps the single greatest champion of Canada's rail system. I am referring, Mr. Speaker, to the hon. Bill Blaikie who occupied your seat as a deputy Speaker in the most recent Parliament. Since then, he has become a cabinet minister for the NDP government of the Province of Manitoba.

Bill Blaikie represented an area from which his base of support was predominantly railway workers in and around Symington yard in the neighbourhood of Transcona in the city of Winnipeg. He regularly and faithfully would rise in this House and make the argument that,as a policy objective, Canada should get the freight off the trucks and put it back on the rail where it belongs for any number of good, compelling reasons, and that we should be expanding our railway system and not tearing it up.

I represent the inner city of Winnipeg. Members would not think that would be a big rail community but they would be wrong because the CPR marshalling and intermodal yard is right in the heart of the city of Winnipeg. It was put there in 1882 by terrible urban planning and design. The rail yards being in the middle of Winnipeg has created a tale of two cities where the much-storied north end of Winnipeg is a separate social entity because of the great divide of the CPR marshalling yard that divides our city. Growing up in Winnipeg, the Weston Shops and the CPR yard defined the socio and economic development of our city, so we have very strongly held views about the impact of any rail legislation and the shortfalls of this one.

I have heard speaker after speaker make fairly complimentary noises about the contents of this bill and the need to amend the Railway Safety Act. I know that various incarnations of this bill have shown up in previous Parliaments. However, they are not saying anything about what is most necessary about our rail system and that is not so much a rail safety review but a rail costing review. Prairie farmers are being consistently gouged by the same robber barons that gouged them in the 1920s and 1930s. They are paying approximately 30% more for freight on a tonne of grain than they should be when the rail costing reviews used to control the gouging and the rip-offs of the robber barons of the railroads.

I will tell members what is compelling about rail rationalization. We have these two ribbons of steel going across the country, the CPR and the CNR. Only rarely do they share and co-operate on their tracks. It is imperative that more rail rationalization take place but all we see is tearing up of tracks in rural economy, much to the detriment of small town rural Canada. The rail lines, the spur lines, are being torn up willy-nilly by the thousands of kilometres.

We are trying to get the CPR marshalling yard torn up in the inner city of Winnipeg. We had a town hall meeting. When Lloyd Axworthy was the senior minister and Jean-Luc Pépin was the minister of transportation, we came very close to tearing up those tracks. However, the vice-president of the CPR came to the town hall meeting where we had 200 people, including the mayor, city councillors and senior cabinet ministers, and he said that it would take 12 years to tear up the marshalling yard. A friend of mine, who is an MLA in Manitoba, stood up and said, “You built the entire CPR from Thunder Bay to Victoria in three years in 1880, including blasting your way through the Rocky Mountains and building trellises that defy engineering. You did all that in three years and you're telling us it's going to take you twelve years to tear up a little bit of track in the inner city of Winnipeg. Don't try and sell us that bill of goods”.

There are a number of compelling reasons for the CPR marshalling yard to be torn up. It has been the place of incredible explosions and spills. It is an incredible bottleneck for the whole transportation system across Canada. It was outdated in 1900 and this is 2012. It was put in place 1882.

However, the most compelling reason is that there is significant business case. As Manitoba seeks to take full advantage of its geographic advantage at the heart of the continent, we are creating what will be the largest inland port in North America called centreport. This will be an intermodal port, a state of the art shipping container port. It is not at the ocean, but will in fact take advantage of our geographic location by tearing up the tracks and relocating those to the new centreport. It will be tied in with air, rail and trucking to take the shipping containers, empty them, add value to them and then send them on their way all over the North American market.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Is the House ready for the question?

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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Some hon. members

Question.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The question is on the motion that this question be now put. Is it the pleasure of the House to adopt the motion?

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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Some hon. members

Agreed.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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An hon. members

On division.

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

I declare the motion carried.

(Motion agreed to)

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

Safer Railways ActGovernment Orders

April 5th, 2012 / 1:25 p.m.
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Some hon. members

Agreed.