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 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

May 1st, 2012 / 3:45 p.m.


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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I too have had similar instances where citizens have approached me, particularly about the vibration issue. I admit that we do have recourse. I have spoken to CP several times and we have had a response.

However, I have to admit that this process for all parties, the citizen, municipality, myself and the railway company, appears to be ad hoc. There is no formal process for these claims. The railway company has its process, the municipality has its process and when we are contacted by our citizens, we have a process too. Each member in the House will have a different process.

I am talking about finding a mechanism, a formal process, where we can deal with these issues in a more efficient way rather than the ad hoc way it is done now. We do that through regulation, the idea of good governance and being a responsible public administrator.

I believe that in the future we will probably need a formalization of this process so every citizen can feel satisfied that there is a process in place that they can go through to have their concerns addressed.

Safer Railways ActGovernment Orders

May 1st, 2012 / 3:50 p.m.


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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, in general the NDP supports the bill because it would improve the oversight capacity of the Department of Transport. It would strengthen the department's enforcement powers, enhance the role of safety management systems, clarify the authority and responsibility for the Minister of Transport, expand the regulation-making authority and clarify the process for the rule making by railroad companies. These are good reasons to support the bill.

If there were ways to improve the bill, could the member tell me what would they be?

Safer Railways ActGovernment Orders

May 1st, 2012 / 3:50 p.m.


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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I do not want to give the impression that I do not support the bill. It has been in the House for a long period of time. I believe other members have mentioned that the review process for a bill is about five years and this bill has been before the House in different incarnations for more than five years.

One of the things that was brought up at committee when the bill was known as Bill C-33, as I had mentioned to the member for Winnipeg North, was asking municipalities to give a formal notice to railway companies of any changes in land use planning in a set corridor. This would avoid a lot of the problems that are created when developments happen next to railway lines.

My area is primarily agricultural. In the process of change, certain areas go through rezoning and where farms were next to the railway, condo developments sometimes get built. However, the people who move into these condos all of a sudden complain about train noise and things like that. This could be nipped in the bud if there were a formalization of the process where a municipality would give notice to railway companies to say that it intended to make changes in land use.

Safer Railways ActGovernment Orders

May 1st, 2012 / 3:50 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I will be sharing my time with the member for Timmins—James Bay.

I am pleased to rise in the House to share my support, along with so many of my colleagues in the NDP, for Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act.

This bill seeks to amend the Railway Safety Act in order to improve the Department of Transport's oversight capacity by requiring that railway companies obtain a safety–based railway operating certificate indicating compliance with regulatory requirements.

The bill strengthens the department's enforcement powers by introducing administrative monetary penalties and increasing fines.

The bill also enhances the role of safety management systems by providing for the identification of an executive who is legally responsible for safety and for protecting railway company employees who voice serious safety concerns against reprisals.

The bill also clarifies the authority and responsibilities of the Department of Transport with respect to railway matters, expands regulation-making powers, and clarifies the process for rule making by railway companies.

As my NDP colleagues have said, it is clearly a positive and long-awaited bill. I know that in the last Parliament, my NDP colleagues, the critics and those who are very familiar with the railway industry file fought hard not only to improve safety, but to urge the government to act in order to develop a safer rail transportation system for all Canadians.

As I noted, we in the NDP support the bill, but we also wish these changes had been implemented before and that there was a real understanding of the sense of urgency to ensure rail safety in our country.

In discussing the well-being of rail transport, the safety aspect is critical and we must act on it, but that is only one side of the coin. While we have seen the government hesitate and delay when it comes to making these critical implementations, it has actually acted in a way that serves to weaken our rail system.

VIA Rail funding is being cut by almost $200 million, as indicated in the last budget, something that I and my colleagues in the NDP believe is a crying shame. We all know how critical rail transport is to our country, to ensure our urban areas and our rural communities stay connected. We know how critical the maintenance of the rail line is when it comes to not just transporting people but also goods across our country. As we see VIA Rail, an institution that belong to Canadians, an institution we are proud of, receive such major cuts in funding, the only thing we can conclude is there will be a reduction in both services and quality of services.

This is not the first time this has happened. Unfortunately, in recent decades federal governments, the Liberal government previously, and now the Conservative government, have turned a blind eye to rail service in Canada. I know this well from the region of the country that I come from, having been born and raised in Thompson, Manitoba. Many people notice that on VIA Rail map the only line that goes straight north in the west is the one that reaches up to Churchill, and it goes through my hometown of Thompson.

We know that years ago, when the Liberals privatized the line, it had already needed repair for some time. Of course, we were hoping the government would do the right thing and invest our own taxpayers' money to fix such a critical link between our communities. In fact, it chose to privatize it, sell it out to an American company, a company that has taken far too long to make the kinds of commitments to maintenance required on the track.

There have been some signs of hope with respect to the work of this company. Federal and provincial partnerships have supported the work along the way. At the end of the day, the fact that the government privatized this line leaves it out of our hands. What that essentially means is a reduction in the quality and dependability of service for people in a part of the country who do not have more choices than to use the rail service.

I am honoured to represent people who live and work on the bay line in communities like Ilford, Thicket Portage, Pikwitonei, War Lake First Nation, which are between Thompson and Gillam, and on to Churchill, and actually have no all-weather roads. People in these four communities I just mentioned depend entirely on the rail service for getting back and forth to medical appointments, making sure they have foods coming into their communities and making sure they can bring in materials to build homes and infrastructure in their communities.

This is no small issue. This is the only link for these communities. It is deeply disturbing to see the way in which the government has turned its attention away from communities, not just in my riding but in rural Canada in general, when it comes to rail service.

I would like to note there are a number of other communities I represent in northern Manitoba that are also isolated. I have heard from many people, whether they are in Oxford House, Garden Hill or Berens River. I have heard from elders who know what it was like for communities that were isolated to receive the rail line. These communities that are still isolated are asking what some of the options are, so they can have year-round sustainable transportation, something like a rail service.

I have to say that in many cases they have lost hope, given the government's reluctance to come to a solution with respect to the needs they have for transportation. Fortunately, we have a provincial government that has stepped in and made a real commitment in partnering, especially with the southern first nations for the time being, in building an all-weather road. However, the same cannot be said for the federal government in building sustainable transportation. Fundamentally, as the federal Conservative government pulls away from rail transportation in rural Canada, it is pulling away from the quality of life rural Canadians ought to have.

When we speak of something like VIA, community owned railways or producer cars that communities may own as well, these are things that belong to all of us. What we are saying is the federal government should be there to work with communities, our urban centres and everybody around the table to ensure we have a dependable rail service, quality rail service and safe rail service.

I would like to point out that whether it is on its actions on the Wheat Board or its continued effort to cut away from the basic services rural Canadians need, the government is turning its back on rural Canadians, many Canadians who see rail as the way to the future.

I would say in closing that I am proud of the work our party does to stand up for not just rail safety but rail service in general. I hope we can send the message loud and clear that when it comes to representing rural Canada and Canadians who believe in rail service, we in the NDP are the ones doing it.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4 p.m.


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Conservative

Jeff Watson Conservative Essex, ON

Mr. Speaker, the member believes in rail safety so much that her party voted against every major investment our government has made in rail safety. If the NDP did not think our budget this time around got the job done, it not offer a single amendment in that direction.

I hope the member opposite is not suggesting for a moment that VIA is somehow unsafe. It got a four out of five ranking in an independent panel study, which looked into rail safety in Canada, for having a very highly integrated safety culture. We made record investments in the stimulus period to help it renew its fleet. The member voted against that, by the way.

The member knows full well that, with the completion of the stimulus projects, it requires less money being sent to VIA than in the last two budgets. That is not a cut; that is the end of stimulus.

I would like to ask the member, if this bill needed more for rail safety or needed to be improved, why is it that her colleague sitting over shoulder, the vice-chair of the committee, gave consent along with all the other NDP members to pass this bill in its entirety in less than 10 minutes with not a single amendment. Let the member explain that one.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I wish the member across would show the same kind of passion when it came to actually standing up and investing in rail service in our country in a meaningful way.

There was a $200 million cut to VIA Rail, and yet the member across claims to be a champion for rail service. I know the government is averse to facts, but that is exactly what we are seeing here.

Let us take the case of rural Canada, for example. Coming from western Canada and having had the chance to sit down with so many people who live across the Prairies, I see a real concern about what the government is doing in terms of cutting back on rail service, the impact of the dismantling of the Wheat Board on short-line rail, producer cars and the breaking down of linkages that rural communities depend on.

I would like to see the member turn to his colleagues and show that same kind of fervour in convincing them to invest in the rail service we all believe in.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the member's comments on what I want to focus some attention on. The member represents the Churchill area. It is an area in which I have had opportunity to raise, on a number of occasions, concerns in regard to the rail line and the impact, such as on the Wheat Board and so forth. We have talked about economic development with the rail lines, and how important that is.

My question is on something that I had asked a previous member of her party, and that was in regard to the New Democratic Party's position or policy with regard to the nationalization of our railway. What is the position of the New Democrats? Do they see that as something they are in favour of? If the member would not mind answering, I would really appreciate it.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:05 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I would like to bring my colleague's attention back to what we are discussing here today.

The member mentioned my riding in his question, and I appreciate that. The more attention to Churchill, the better. Unfortunately Churchill is going through some very difficult times as a result of the government's dismantling of the Wheat Board and the Minister of Agriculture and Agri-Food's insulting commitment of $25 million to hopefully inspire grain companies to ship through Churchill, something that is a complete farce.

What I would say is that I am proud that our party has always stood for public services and ensuring that when we have something like VIA Rail, a crown corporation that we believe in, we recognize that it is there to be invested in to the benefit of all Canadians. The threat of privatization under the government is a very real one. Unfortunately the Liberals got the ball rolling on that one in a big way. We have seen the impacts, a decreased quality of life in many parts of rural Canada and an unwillingness of young Canadians to move to or move back to rural Canada.

What we are saying is that the way to do it is to stand up for a critical service in all ways, safety and funding. I am proud we are doing that.

The House resumed consideration of the motion that Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, be read the third time and passed.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:05 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, it is always a great honour to rise in this House and speak on behalf of the people of Timmins—James Bay, a region that exists because of the railway.

It is also important to talk about this bill on safer railways at a time when we have so many issues facing railways in Canada. It is clear that if we look at the simple test for whether government has vision, whether government understands the issue of infrastructure, whether government has a forward-looking vision, we look no further than rail. Rail has been the kicking dog of Liberal and Conservative governments looking to squeeze it, to undermine it, to so-called privatize it, and we have seen a continuing loss of service while the rest of the world moves forward with smart high-speed rail.

Just this past February, when the VIA Rail train derailed at Burlington, we had three people killed and 42 passengers injured. We see the $200 million in cuts that are coming to VIA Rail now under the Conservatives. We see the undermining of rail links in important jurisdictions across rural Canada like Churchill, Manitoba. We see the government's complete lack of interest in the importance of a high-speed rail corridor that would connect Windsor to Quebec City through our densest populations and allow people who are pretty much trapped because of the density of traffic in the suburban regions of this country to be able to move at a reasonable rate.

However, nowhere do we see it more than in the deliberate dismantling of the Ontario Northland railway by a government that, if we look up “myopic” in the dictionary, there Dalton McGuinty would be. Let us talk about the Ontario Northland as an example of the failure of federal and provincial governments to address railway services. I know he is a good friend of the Minister of Foreign Affairs, but I hope the Minister of Foreign Affairs does not mind my castigating his friend in the House of Commons.

The story of the Ontario Northland is interesting because at the turn of the last century Queen's Park had zero interest in the land that was north of the French River. It did not have any desire to spend a dime on it until it found out that Father Paradis and the Oblates were bringing francophone settlers over Lake Timiskaming to settle into Ontario and suddenly the good Orange Protestant burghers of Queen's Park were outraged. They had to find a way to get anglophones up into land that was being settled by francophones. That was the only time they ever wanted to spend money in northern Ontario. So they decided they would push a rail line north of Lake Timiskaming.

However, as the workers were getting to Lake Timiskaming, at mile 103, they hit the largest silver deposits that had ever been found there. They were found by railwaymen, Fred Larose, Mr. McKinley and Mr. Darragh. Suddenly Queen's Park thought that maybe there was a use to northern Ontario and that it would go up and find all the resources it could and take them out. That has been pretty much the colonial relationship between northern Ontario and southern Ontario ever since.

It transformed the economy of Ontario, in particular Toronto. Toronto was a sleepy backwater at the time of the silver rush in Cobalt. However, so much investment money was coming in from the United States and from London that they needed a place to set up, so they set up in Toronto because the train line got them within six hours of the biggest rush since the Klondike. That ease of access on the train transformed economic development, so Toronto established itself and it still has that claim today as the largest centre for international capital for mining exploration in the world. That started from that rail line.

Out of Cobalt, the prospectors went north. They went to Val d'Or in the east and as far as Red Lake in the west because they knew there was a value to the land. So the Ontario Northland railway was set up as a development corridor and all the communities were built along that.

Now fast forward 100 years and the Ontario Northland still plays that important role. It is not just with trains, not just with buses. We have the role of telecommunications to isolated small communities that would otherwise pay exorbitant rates so they are now under Ontario.

A few weeks ago, we had a flood in Fort Albany up on the James Bay coast and the flood separated the community from the mainland. People were contacting me and saying they had run out of food. They needed to get food up there, so we spoke with the Cochrane food bank and we managed to secure 1,200 pounds of food to get into Fort Albany, and we did that through my office.

The question then was how to get 1,200 pounds of food to Fort Albany in the middle of the flood crisis. We called Ontario Northland and said, “We need you to move 1,200 pounds of freight to help this community in need”. Ontario Northland said, “Get it to the freight yard in Cochrane tomorrow. We will get it to Moosonee. That is the end of the rail line; from there, you figure out how to get there”. We managed to work with Air Creebec and we got it in.

When we asked Ontario Northland, it was not even a question of whether they would get paid to help one of our communities in northern Ontario. They did it as a public service because they are there for the public. I want to commend the excellent work that Ontario Northland did in that situation, as they have done time and time again in the past.

The rail plays an important role, and it is fascinating that the Liberal government in Ontario has decided that public transit is something it does not invest in if it is rural public transit, that it is not right to subsidize public transit if rural people use public transit. In an urban area it is implicitly understood that there will be some kind of support, because public transit is not about making profit, it is about offering a public service.

We see the McGuinty government exaggerate the numbers. Every time there is an investment in the Ontario Northland, it claims that is a subsidy. How could anybody run a province if they figured that every time they had to make an investment, they were somehow subsidizing the province, subsidizing the people? The fact is that this is an investment, just like highways. Governments never say they are subsidizing the highways.

However, work needs to be done to ensure safe corridors, because we have had accidents on the Ontario Northland railway. South of Temagami about 12 years ago, acid tankers overturned. We need to invest just as we need to invest in roads, yet there seems to be a double standard that says it is okay to invest in highways—even though there is not much investing in highways in northern Ontario—but it is not okay to invest in freight.

In northern Ontario, on the Ontario Northland Railway, we are moving thousands of tonnes of freight a day and we are moving passengers. It plays a unique role. Beside that, we have two-lane traffic running through some of the roughest rock cuts in Canada, and it happens to be the Trans-Canada Highway. It is the trucker route across Canada. In January, I do not know how many times I have sat at North Bay, unable to go north because some poor driver has hit a rock cut or hit passengers, yet beside it we have a perfectly safe rail system

The government's solution is that it will save a few bucks somehow along the way by getting rid of that rail service and putting the freight and the passengers onto the two-lane ribbon of moose pasture that runs through northern Ontario. Somehow that will be more efficient.

Perhaps most galling was Mr. McGuinty's assistant in northern Ontario, Rick the anti-minister of northern Ontario Bartolucci. Their explanation is that the reason they are cutting out the development corridor and allowing it to be cherry-picked by the private sector, who will take this or that but leave the rest to fall apart, is that they will reinvest it in health care.

Northern Ontarians has seen a lot of dubious mining deals over the years. They are not saps and they know that people in Kirkland Lake, Cochrane, Iroquois Falls, Timmins, New Liskeard, Englehart or North Bay who are getting cancer treatments have to go down on the train to get medical services. I do not know how many families I have seen on the Ontario Northlander with a sick child going down to SickKids for cancer treatment. They can travel on the train because it is at least comfortable for the family.

Dalton McGuinty tells us, “Do not worry. We are going to put those sick kids on a bus, and you are going to get better service.”

People in the north know better. They remember how just last year the ONTC—and I do not blame it for this, because it was getting no support for offering public transit in the north—was actually trying to save money by excluding going into some of the most major communities on the route because the ONTC does not have enough money to serve the public.

When we talk about development of the rail lines and talk about safety, it is about an investment. It is fascinating that the McGuinty government is looking to rip up the rails and ditch the Northern Ontario Development Corporation at a time when the Ring of Fire is about to be developed.

The Ring of Fire will be the largest mining development perhaps in the last half century, perhaps in the last century. The fundamental question is this. Getting access to this ore comes from rail, so if they are going to rip up the lines and get rid of the development corridor, is this all about a plan to take unprocessed ore and ship it off by truck to China?

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the opportunity to say a few words in regard to the member's comments.

The hon. member seems to focus his attention on the Ontario Liberal government. The NDP in the province of Manitoba, I can assure the member, has no better an approach at dealing with rail line abandonment or improving rail line services to people who live in northern Manitoba.

One could talk about the impact of the Wheat Board on the community of Churchill, which is dependent on the rail line. The NDP Government of Manitoba was truly quiet on it.

I think it is important to recognize that all three levels of government have a role to play in rail line safety. That means there needs to be co-operation from the federal government, provincial governments and municipal governments in order to deliver better, safer rail line services. That is what this bill is all about.

I wonder if the member can comment on how important it is for governments to work together in order to provide better-quality rail line service across the country.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:20 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I would like to invite my hon. colleague to Liberal Ontario. He would probably go back and sing the praises of the New Democratic government in Manitoba, because if one has lived under Dalton, it is something that my hon. colleague across the way would agree with.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:20 p.m.


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Conservative

John Baird Conservative Ottawa West—Nepean, ON

That's true. Never have I heard something more truthful.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:20 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I am not trying to make this an issue of partisanship. This is not about being partisan. This is about the facts, and the fact is that at the provincial level we are dealing with a myopic government that does not understand the need for investing in infrastructure. It thinks it can just walk away and infrastructure will magically take care of itself. Its real message is that it figures it can just walk away from it and the people of northern Ontario will just shut up and take it, just as they are supposed to take it every time Queen's Park pulls out another service.

Safer Railways ActGovernment Orders

May 1st, 2012 / 4:20 p.m.


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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I would like to commend my colleague from Timmins—James Bay. He certainly represents his riding quite well. I am sure his constituents are quite happy with the member.

The member referred to “Rick the anti-minister of northern Ontario Bartolucci”. He made the announcement about the cuts to Ontario Northland hundreds of kilometres away from Ontario Northland's headquarters. He made the announcement in Sudbury instead of North Bay.

Why does my colleague think this minister would make such an important announcement so far away from the headquarters of Ontario Northland?