Bill S-4 (Historical)

Safer Railways Act

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

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.

[Denis Lebel, Conservative, Roberval—Lac-Saint-Jean, QC]

There are a lot of rumours. We will see what happens, sir. For now, there is nothing in the works in the short term. Of course, we hear ideas. We have information and we also have advice that allows us to see where the industry can go. However, this does not change a thing with regard to the safety aspect of Bill S-4. It seeks to strengthen our system's safety.

[Denis Coderre, Liberal, Bourassa, QC]

We now hear that VIA Rail wants to privatize some routes. What is the link between Bill S-4 and some privatization, or private companies? Will you still be able to apply this?

[Denis Lebel, Conservative, Roberval—Lac-Saint-Jean, QC]

As you know, we have done significant work on railway crossing security, and we will continue that. Bill S-4 shows our determination to go forward to make companies even more accountable. Before, we made sure companies were insurable and that they worked in the railway industry. Now, to get their certificate, they will have to conform to our new safety standards. We will analyze every step of their security measures before issuing the certificate.

Obviously, sir, it is very difficult to control access in an urban setting. Unfortunately—and my condolences to the families—we have lost young lives even recently. These were young people walking on the tracks with headphones on their ears in the evening or at night. This is particularly dangerous. We have seen young people in Montreal cross two highways and jump over fences to go to a place where, unfortunately, a tragedy happened during the night. There were safety barriers, but, since then, an event happened in Montreal around the Turcot interchange. The company added safety fences.

With Bill S-4, our intention is to make sure that things will be even safer. However, we cannot hold everyone's hand. We already do a lot of education in the schools. We do more than 2,000 presentations per year in the schools and municipalities across the country to raise awareness about the danger of railway transportation for people on railways. Unfortunately, even now, lives are lost. It is always deplorable, but some people still jump over barbed wire fences that are 12-feet high.

[Denis Coderre, Liberal, Bourassa, QC]

Thank you for giving me the floor.

Minister, I too think that Bill S-4 should be adopted as quickly as possible.

Mr. Chair, I want to salute my Senate colleagues who have done a remarkable job. Since all our amendments were adopted, this time the bill will not die on the Order Paper; it must pass. Therefore, we will not be introducing any other amendments. As my colleague from Markham said, we agree that this bill must be adopted.

Minister, we will test you to some extent this morning by asking you a few questions, for the benefit of the thousands of people watching you on TV. It is our duty to ask concrete questions regarding the consequences this bill will have on safety. Are there enough inspectors to ensure enforcement?

[Denis Lebel, Conservative, Roberval—Lac-Saint-Jean, QC]

That's very important, but we have to pass Bill S-4. I'm the fourth transport minister working on this bill. Minister Cannon deposited it. We had Minister Baird and Minister Strahl. I'm the fourth one. I don't want to have more delays on Bill S-4.

It's not for me, but for the Canadian population and for the security of our transport system, we must have Bill S-4 passed as soon as we can. I hope everybody will agree to that.

About voice recorders, we are on the way. I'm sure you will follow the issue. It was important in 2006 and 2009. It's still important today. In the U.S.A., it's not mandatory. We will continue to see what's best for our country's interests. We will continue to follow that. For the moment, I will wait for the report of the advisory council.

Go ahead, Mr. Bourdon.

[Denis Lebel, Conservative, Roberval—Lac-Saint-Jean, QC]

Which were the reasons in 2009, when they said no. It's the same. It's not the time for it. The time for it is to let the advisory council on rail safety do its job. It is re-examining the possibility of mandatory voice recorders at the moment. It will give us a report. I expect it very soon, as soon as possible. After that, we'll take the decision with unions and all our partners that we have already involved in the Bill S-4 process.

[Denis Lebel, Conservative, Minister of Transport]

Thank you very much, Mr. Chair, Mr. Bourdon, and members.

Thank you for the opportunity to be here to discuss these proposed amendments to the Railway Safety Act. This committee already has a high level of familiarity and engagement with these amendments and your continued support to improve the safety of our railway system is appreciated.

As you know, these proposed amendments were previously reviewed by this committee when they were presented to the House as Bill C-33 last spring. At that time, after several weeks of comprehensive discussion and analysis, all parties agreed unanimously to support the amendments, with one minor change related to safety reporting. Although that approved version of the bill died on the Order Paper when the election was called, the same amendments, with this committee's approved changes, were tabled in the Senate as Bill S-4, where they were again approved virtually unchanged and resubmitted to the House.

During second reading on March 13, we again heard many supportive comments from honourable members on the other side of the House. In brief, all parties once again expressed their strong support for the bill.

I believe the New Democratic Party member from Vancouver—Kingsway summed up the general feeling of the House when he referred to Bill S-4 as “...an excellent piece of legislation...that has gained the buy-in of industry, labour and government. ... It is a solid piece of legislation.”

The list of members who expressed their strong support for Bill S-4 goes on. Every member who spoke in the chamber agreed that this bill enhances rail safety, has the support of many stakeholders, has been widely debated and analyzed, and must be passed in a timely manner.

I must say, as the Minister of Transport, I deeply appreciate this enthusiastic support from all corners of the political spectrum. Everybody agrees on the importance of a safer rail industry for our economy and our communities. We all recognize that the industry is rapidly changing and that the Railway Safety Act needs to be updated accordingly. We all agree that the amendments, which have already been consulted on, debated, and unanimously approved by committee—not once, but twice—are the appropriate means to help ensure Canadians can reap the full benefits of a safe railway system. Better safety is clearly the objective that we all support.

The bill, as noted in the House, is a strong one. It is timely, it is thorough, and it is firmly focused on important and achievable improvements to our rail safety regime. I think much of the strength of this bill comes from the high level of stakeholder consultation that both preceded and followed its introduction to the House.

The initial Railway Safety Act review, which was launched in 2007, included input from the entire spectrum of railway interests, including the railways themselves, their shippers, their suppliers and their unions, as well as federal, provincial and municipal governments, national associations, independent researchers and the public. Essentially, all of the groups in our country were consulted.

Everybody had something to say, and we listened closely to their concerns. This bill is our comprehensive response. We identified the issues, we consulted on alternatives with the key players, and we subsequently took action with Bill C-33, and now with Bill S-4, to ensure that the safety concerns of Canadians are being properly addressed. We all seem to agree that they are. The member from Chambly—Borduas said during second reading that the NDP unabashedly supports the bill. Similarly, the member from Markham—Unionville said that “...the Liberal Party will certainly be supporting the bill”.

Speaking personally, I must say that I'm proud of this legislation. I am proud of it because it contains an effective blueprint for better safety in the rail industry. I am also proud of it because it shows how effective our parliamentary system can be when we decide to work together for the national interest. The net result is solid, seamless, and practical legislation like Bill S-4. I would like to remind you of some of the most important amendments in this bill.

First and foremost, Bill S-4 will improve railway safety in Canada by increasing the regulator's authority for stronger oversight and enforcement.

For one thing, these new authorities will allow the introduction of safety-based railway operating certificates for all railways. This means that every federally regulated railway in the country will have to demonstrate how they meet the safety standards set by the operating certificate before they begin operations.

This bill also provides the regulator with the authority to issue administrative monetary penalties when non-compliance with railway regulations is found. These monetary penalties have a very positive impact on safety and have already proven themselves effective in other modes of transport such as marine and aviation.

In addition, your approval of Bill S-4 will allow us to raise existing judicial penalty levels which were established 20 years ago and are now badly out of date. Raising these levels will make them equivalent to other modes and provide an important additional tool for our safety compliance and enforcement toolbox.

One other key component of these amendments is the significantly stronger focus they place on railway accountability and the need for effective railway safety management systems. With these amendments in place, railways will be required to appoint a senior executive to be responsible for safety issues. They will also be required to establish non-punitive reporting systems so that employees can raise safety concerns without fear of reprisal. In addition, railway companies will need to demonstrate how they continuously monitor and assess the level of safety of their operations.

These are critical steps for the development of an effective safety culture, and both the railway companies and the unions have expressed their strong support for these measures.

In addition to these key improvements, S-4 will also clarify the minister's authority related to national railway matters and expand regulation-making authorities, which will enable us to implement requirements for environmental management plans and emission data collection.

In sum, the proposed amendments before you today will significantly reinforce and modernize the Railway Safety Act to reflect the needs of this generation and those to follow. Railways are the backbone of our economy. As such, they are an important part of our history and our future. It is our shared responsibility to ensure they remain safe.

As we all know from the recent tragedy in Burlington, even one accident is one too many. We cannot afford to hesitate. The time to move forward is now.

In conclusion, I would like to once again thank all parties for their ongoing support. I would also like to thank this committee again for the opportunity to be here. I deeply appreciate your high level of engagement on this bill and all transport and infrastructure issues.

We will be happy to answer any questions you may have.

Thank you, Mr. Chairman.

[The Chair, Conservative, Merv Tweed]

Good morning, everyone. Welcome to the Standing Committee on Transport, Infrastructure, and Communities' meeting number 32.

Pursuant to the order of reference of Thursday, April 5, 2012, the orders of the day are the consideration of Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act.

Joining us today, making almost a regular appearance before this committee, is the Minister of Transport, Infrastructure, and Communities, the Honourable Denis Lebel. Joining us from the department is Luc Bourdon, director general of rail safety.

Thank you for appearing. I think you know the routine here. We will have some presentation comments and then we'll go to questions from the committee.

Mr. Minister.

Safer Railways Act

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I know work will definitely be done on this in committee. Now, as for the specific nature of this work, I will leave that up to my colleagues who know more about this than I do.

Before I continue, I would like to once again express my condolences regarding what happened in Burlington. As I said, even one tragedy is one too many, despite our excellent reputation when it comes to railway safety.

At the same time, there is definitely always room for improvement. In particular, I would like to point out that Bill S-4 does not address all of the recommendations made by the advisory panel.

That being said, even though there is always some flexibility when it comes to improvements that can be made, this does not prevent us from supporting the bill. In addition, as my colleague mentioned, the bill will then go to committee. At that time, my colleagues who are members of the Standing Committee on Transport, Infrastructure and Communities can continue their excellent work and further develop our position on this bill.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I would like to thank my colleague from Saint-Lambert, which whom I in fact share the railway, even though we are not immediate neighbours.

We are talking about safety, and one of the reasons why Bill S-4 and the earlier bill that was introduced in this House before the election were introduced is precisely because an advisory committee wanted to update safety measures. In fact, we have to remember that technology changes over the years, as our railway systems and trains are modernized.

To come back to the economic aspect raised by my colleague, it is very important to understand that when we talk about safety, we are talking about modernization. We must make sure at all times that our safety regulations are up to date, to reflect the new technological reality of the measures available to us and to ensure the safety of passengers and people living in the vicinity of a railway.

That said, if we want to move forward and improve the system with more eco-friendly, faster systems, as our constituents want and as our party advocates, we have to make sure that we are capable of putting safety measures in place that will in fact both facilitate that process and ensure good economic development in the future.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

To Saint-Jean as well and perhaps Lachute. Many municipalities are affected by this issue.

Quite simply, in order to improve and increase service, we must first ensure that safety provisions are adequate. More regions cannot be served until we are satisfied that safety regulations are optimal. For that reason, it is very important to support this bill.

The NDP believes that these measures should have been implemented a long time ago. Unfortunately, with elections and other such things, they were not. However, we would like to see this bill pass as quickly as possible.

We must also deal with modernization, where economic considerations are of the utmost importance. Rail service must be affordable for passengers. If we want more people to travel by train, we have to deal with safety even before we deal with cost. Passengers must feel at ease with train travel, an important means of transportation all across the country, and especially in Quebec. There is a very important rail line running through the middle of my riding.

By ensuring the safety of rail service, we are reassuring passengers that there are no risks in travelling by train. I take the train myself almost every time I come to Ottawa, and it is very quick and comfortable. However, we have to ensure that it is safe.

Canada has earned a good reputation for safety. We are certainly not saying otherwise. There have been accidents, but they are the exception rather than the rule. But just one accident is one too many. Thus, we must take this opportunity to update and enhance current laws, and to give more power to the Minister of Transport, Infrastructure and Communities and Minister of the Economic Development Agency of Canada for the Regions of Quebec. This is one of the objectives that this bill could achieve.

By improving safety, we will ensure that people will continue to use the service and we will encourage them to use it more often. In this way we can spark public interest in modernizing rail service. Improving service gives us the opportunity to modernize and to bring our railways up to European standards, for example.

I have received some comments from my constituents and my riding's elected officials, especially at the municipal level. I had the pleasure of talking to them at a meeting in January, just before coming back to the House. We talked about the modernization of rail service, in order tone reduce travel time and make this an even greener means of transportation. We know that train travel is already a green choice, according to VIA Rail. I do not want to adopt their slogan, but we can move in the right direction.

Co-operation from the various stakeholders will improve rail service but, I cannot say it enough, safety remains the key issue. We have to implement adequate safety measures. We have to ensure that tragedies like the one in Burlington do not happen again, and that people are not afraid to take the train.

Earlier, I mentioned vibrations, which are not necessarily addressed here. There are other safety measures we might consider. I am raising these questions because this issue relates to the safety not just of passengers, but also of the areas around the railways. When we talk about trains and railways, we have to address the question of safety, which concerns both the people who use the service and the people who live nearby in residential neighbourhoods. That was the case in Burlington. I am not an expert on what happened in Burlington, but I think a residential neighbourhood was involved.

There is also the pollution caused by trains. We want to keep these things under control. We want the Department of Transport to provide sound management, and that will improve services. This is something that is very important to our constituents, particularly in Chambly—Borduas.

This issue need not be negative. If we solve the safety issue immediately, we can move forward with a vision of sustainable technological development of rail service.

This is what we in the NDP advocate, and that is why we support Bill S-4.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, it is an honour for me to speak to Bill S-4, a Senate bill.

There is a railway that cuts almost completely across my riding, and so this is a very important issue, given the urban sprawl taking place on the south shore. In the south of my riding in particular, we are seeing more and more residential neighbourhoods growing up around the railway. The issue of safety is therefore very important.

Before continuing, I would first like to thank two of my colleagues for their work on this issue: the hon. member for Trinity—Spadina and the former critic, the hon. member for Western Arctic, who did a great deal of work on this issue. This bill originated in this House, but unfortunately it died on the order paper with the last election.

Since we are talking a lot about safety, particularly because of the tragedy that happened in Burlington, I would like to take this opportunity to offer my condolences to the people there and to my colleague, the hon. member for Burlington, who considers this situation to be very serious.

As well, in the budget that has just been tabled by this government, we can see that there are cuts to Via Rail’s budget.

If we want to update and improve our train services, not just for environmental reasons but for economic reasons as well, then I think reducing the budget of the company that provides the most rail services is a mistake.

I can unabashedly say that the NDP supports the bill. We would like to see additional safety measures within Transport Canada.

With regard to what is happening in my riding of Chambly—Borduas in particular, I would like to say a few words about urban sprawl.

Since I was elected, we have had a number of public consultations on the matter of the vibrations that affect the municipalities of Saint-Basile-le-Grand, McMasterville, Beloeil and Mont-Saint-Hilaire. Most of the comments made by members of the public, mayors and elected municipal officials during our meetings had to do with the vibrations. This issue has been overlooked in Bill S-4.

The vibration issue indicates to what extent trains go through residential areas. That is why railway safety is very important to the people in my riding, especially with plans to increase service to the South Shore and neighbouring regions including the Sherbrooke and Drummondville regions, where people want better service between the major centres. I am thinking about the train that connects Montreal and Ottawa. People might want to go from Ottawa to Montreal, but they might also want to get to the South Shore, Saint Lambert, Saint Basile, or as far as Sherbrooke or Drummondville. I am sure some of my colleagues agree.

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 second time and referred to a committee, and of the motion that this question be now put.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, it is an honour to rise in this place today and speak to this important bill on behalf of the residents of my riding of Davenport in Toronto.

The bill addresses many important issues, one of them being rail safety, which I will get to a bit later. It also puts some focus on the importance of rail infrastructure, which a number of my colleagues have spoken to this morning. They have spoken of the need for a heightened focus on our rail infrastructure for a number of different reasons.

Of course, Bill S-4 is pertinent and weighs heavy on our minds and hearts right now because of the tragic accident that happened in Burlington in February.

We in our party have long called for heightened rail safety measures and so we are very supportive of seeing Bill S-4 get through the House.

This bill seeks to do a number of different things. When we look at the way our rail infrastructure has been developed and how our cities and towns have developed around it, it is increasingly important to ensure that issues of rail safety are really top of mind when we are talking about urban development, safe cities and environmental issues.

As for my riding of Davenport, I know that everyone in the House likes to study maps of Toronto and if we looked at one we would see that my riding is the only landlocked riding in the downtown core of the city and is criss-crossed with rail lines, some coming right up against backyard fences in many of the neighbourhoods. Rail lines run right up along parks and playgrounds. Fences are very much a part of the streetscape of my riding. Rail safety becomes a very real issue in a riding like mine with many level crossings, and so we take the issue of rail safety and rail infrastructure seriously.

A number of my colleagues today have talked about the importance of investing more fully in this infrastructure. The GTA loses $5 billion to $6 billion a year in lost productivity due to gridlock. It is going to be hard to build more roads to accommodate this gridlock because, as we know, if we build another road it will soon fill up.

We need to start thinking much more seriously about how we can incorporate more passenger rail service, speedier passenger rail service, more affordable passenger rail service. When we start talking about intensifying rail infrastructure, we necessarily have to talk about how to deal with greater safety measures and better technology as well.

Incidentally, Mr. Speaker, I will be splitting my time with the member for Chambly—Borduas.

The speeches this morning have been interesting. I say that because on this side of the House we talk a lot about environmental issues such as greenhouse gas emissions and local environmental issues. An increase in public transit, in mass transit, is one of the most obvious ways to deal with both greenhouse gas emissions and gridlock, and the way we can build and develop more intensification in our urban areas.

We need to do this. Countries around the world are investing in clean rail technology. Just as an example of how backward we are in doing things here, we have a link from Pearson airport to Union Station being built right now to run diesel trains. Toronto is the only major city in the world right now that is building rail infrastructure from its downtown core to its international airport using diesel. Not a single country in the world is doing this but us.

For a long time we have been calling on our federal government to engage in this very serious issue. So far it has been willing to sit on its hands and has been doing that for years. I would add that the Liberals before it had a similarly poor record on this file. The Liberal government, when it was here on the other side of the aisle in 2001 and 2003, ignored calls from the Transportation Safety Board for additional rail safety measures. We have been calling not just for increased rail safety but also a heightened focus in the House on the need for municipalities to develop green transportation infrastructure.

I recall the days of the Mulroney era, and I know the folks on the other side do not necessarily like us to use the former prime minister's name, but we do. They were cutting passenger rail transit back then. I was on one of the last trains across the prairies to Toronto, then they were cut. As some of my colleagues this morning have underlined, one cannot get from A to B in many places in the country by train. One can get from Toronto to Ottawa by train, but at virtually the same speed as driving a car, and so there are a lot of missed opportunities there. There is no doubt that Canadians would love to have more access to passenger rail transit.

One of the reasons we need to see greater safety measures, accountability and transparency and a better order of things, a better chain of command, is that we really need to focus our attention on this mode of transportation, because this is the future of mass transit. As a matter of fact, in my city of Toronto, we have a rail corridor that runs along the west end of my city. It is a perfect place to run greater mass transit. We need to be looking at all opportunities to do that.

However, if we are going to do it, we have to look at greater measures for rail safety. That is why this is an important bill and why we on our side are going to support it. I am happy to be standing here in this place today on behalf of the great citizens of Davenport in Toronto speaking on this issue.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I also am happy to support Bill S-4 and the importance of rail infrastructure in this country.

The hon. member for Winnipeg North spoke of the nostalgic element of rail. That reflects the fact that we have not invested in rail for so long that we almost have an antique system for passengers. We also have not invested sufficiently in safety for freight. We need to upgrade. We need to expand sidings, so that in the competition for rail use between passenger and freight, passengers are not needlessly delayed.

We need investment. There still is currently pending the $7.5 million that is needed for the former E&N corridor rail on Vancouver Island. We need it, it makes sense and it has wide community support.

In the same way that the hon. member spoke of the fact we can no longer travel by rail from Regina to Winnipeg, people cannot travel from Edmonton to Calgary or from Halifax, Nova Scotia, to Sydney, Nova Scotia. Many commercially valuable rail lines have been abandoned by governments that have not been looking to the future.

Does the member agree that on top of Bill S-4 we need to see substantial investment in safety and modernization and, yes, high-speed rail, particularly in areas like Edmonton to Calgary?