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.

Safer Railways Act

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to thank the hon. member for his very astute question. In fact, it is now the case that with most of these kinds of offences where there may be harm to public safety or to the environment, most statutes, including federal and environmental statutes, now provide a lot of innovative order powers for the courts. As we have seen in the courts, the latter actually give preference to those alternative remedies. Those would include, in addition to any monetary penalty, that the convicted party would have to invest many more millions of dollars in improving their rail safety, training, and in providing cleanup equipment along the rail line, and so forth. Therefore, it does not matter what the monetary penalty is, unless of course the rail lines are inspected and they are in force. In fact a million dollars seems pretty small in the case of a major incident.

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

Mr. Speaker, I would like to ask my hon. friend from the riding of Edmonton—Strathcona to reflect more on the lessons learned from that really devastating toxic spill that occurred in Alberta near her home. If I recall, the hon. member had a cottage on that lake and experienced first hand some of the reasons for the derailment.

This legislation, while sound, in my mind will not sufficiently deal with systemic problems from the cutbacks to rail staff and cutbacks to safety regulations. I would like to ask my hon. friend if she would agree.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to thank the member for Saanich—Gulf Islands for her cogent question. I know she is a great defender of the environment as well.

Absolutely, I have witnessed first hand the devastation that can occur when we do not properly regulate, inspect, and enforce our rail laws. This is harm that should not happen to the environment. It is preventable. This is the disgrace of it. It is absolutely incumbent on the government to reverse its policy of turning over more and more of the responsibilities for inspection and the monitoring of critical laws like rail safety. I am looking forward to the government stepping up to the plate and saying that it realizes this law is important and showing good faith and actually bringing forward some cases, putting more inspectors out there and making sure that these lines are inspected more sufficiently, and also putting in place the proper technology so that it can actually detect the rail line errors.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I always enjoy listening to the member for Edmonton—Strathcona when she talks about environmental safety issues. When I came in I missed the beginning of a section of a report that she was reading. My apologies to her if it was from the environment commissioner's report, but it sounded a lot like the 2011 report by the environment commissioner.

One of his recommendations dealt with the fact that Transport Canada does not conduct an adequate timely review when approving emergency response assistance plans, particularly when transporting dangerous goods. He talked about these plans. There can be an interim plan, and all that is required for the interim plan is a working telephone number. That is it, and some of these interim plans have been in place for a decade. Therefore, I would like to hear from the member what she thinks about this kind of emergency response.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the member for Halifax is a hundred per cent right. I did quote from the 2011 report by the environment commissioner. He did note that the Transport Safety Board had identified deficiencies in all of the emergency procedures manuals that it had reviewed. There was no identification of hazards, no assessment of the risks posed by the hazards, no list of residents in the potential area, no map of nearby residences or evacuation routes, and no description or location of emergency response equipment. These are very significant problems.

Therefore, the government, in spite of bringing forward good legislation, has a big task ahead of it. We look forward to a substantive response on the proper investments to make sure that the public is kept safe.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am pleased to have this opportunity to speak to Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act.

I would like to begin by saying that we have been looking forward to this bill for years. We have been waiting for a rail safety overhaul for a long time, and this bill is a major step forward. We have all been looking forward to this measure, and we are happy to support this bill.

I would like to mention that the railway system is very important in my riding of Drummond. This is not something that should be neglected; rather, it should be protected. VIA Rail passenger trains pass directly through Drummondville and stop to pick up and drop off many passengers who are happy to have this service. We would like VIA Rail to provide our city with even more services and we would like the government to invest even more in this magnificent mode of transportation. Freight trains also pass through our city. Residents are greatly appreciative of this fact because rail transport is one of the most environmentally friendly modes of transportation. However, it is important that investments be made in infrastructure. The hon. member for Vaudreuil-Soulanges spoke about this earlier. In Drummondville, for example, when a train passes through, three downtown streets are blocked for 5, 10, 15 or sometimes even 20 minutes, which means that people are stuck in traffic.

This bill to improve rail safety is very important because it will enhance safety, not only for train crews and passengers, but also for the people near the trains, such as drivers and pedestrians. As I mentioned, trains pass right through the middle of downtown Drummondville. Thus, it is very important to us that rail safety be improved.

I would like to add that not only does the NDP support Bill S-4 but it has also proposed some amendments. I will list a few of them. I see that I do not have much time left. For example, we know that the Conservative government has ignored repeated calls—

[The Speaker, Conservative, Andrew Scheer]

I must interrupt the hon. member as it is now time for statements by members.

The hon. member will have seven minutes to finish his speech after question period.

The House resumed from March 13 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.

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member for Drummond has seven minutes to finish his speech.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am pleased to rise in the House today to continue my speech on Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act.

As I mentioned before, the railway passes through Drummondville and the riding of Drummond. It is not just freight that is transported by train in the riding of Drummond. There is also a stop where people can take the VIA Rail passenger train. We are very happy and proud to have this service.

VIA Rail needs to further improve service in our riding in terms of train schedules and frequency of service. We need the train to pass through more often. It is a very popular area. The services that VIA Rail provides are well used by people in the riding, and we are very proud to have these services.

Nevertheless, not enough money is being invested in the railway in Drummondville. Freight and passenger trains pass through the downtown core, and each time they do, three streets are blocked. The entire downtown is blocked since there is no bypass, overpass or bridge over the railway track. We have to think about this. Investments must be made in the railway to improve safety.

This Senate bill has already been introduced in the House of Commons. The Standing Committee on Transport, Infrastructure and Communities of the House of Commons examined this bill and reported it back to the House with amendments, but unfortunately, the bill died on the order paper on March 26, 2011.

We are very pleased that this important bill on railway safety is back before the House, particularly given the fatal train accident several months ago, which hit close to home for everyone. We definitely do not want anything like that to happen again.

However, railway transportation in Canada is the safest means of transportation. It is very safe and we should encourage people to use it. It is truly important.

In the backgrounder accompanying its press release on Bill S-4, Transport Canada points out that the Canadian rail industry has changed significantly since 1999. Rail operations have become increasingly complex, and rail traffic is growing rapidly.

The department notes that, in February 2007, the Minister of Transport, Infrastructure and Communities tasked an independent advisory panel with a full review of the operation and efficiency of the Railway Safety Act. According to the department, the findings indicated that the legislative framework is fundamentally sound and that efforts have been made to improve rail safety, but much more needs to be done.

The final report of the panel, entitled Stronger Ties: A Shared Commitment to Railway Safety, was released in November 2007 and included 56 recommendations for improving rail safety, some of which require legislative changes to the Railway Safety Act.

The Standing Committee on Transport, Infrastructure and Communities also studied rail safety and issued its own report in 2008. The report included 14 additional recommendations, many building on the recommendations from the review of the act.

The department's backgrounder noted:

The Government of Canada agrees with the findings of both reports, and is implementing the recommendations and amending the Railway Safety Act to further improve rail safety in Canada.

Efforts have been made to improve safety. It is truly important to continue working very hard in order to improve this legislation, which has been in place for many years but has not changed much. The number of trips per train is increasing, and it is important to continue in this direction.

The NDP has proposed a national public transit strategy. I hope that one day the Conservatives will realize how very important it is to develop a national public transit strategy that includes the railway as a key element. We should have a comprehensive vision, a much more progressive and proactive vision in this area. I am disappointed that the Conservative government has not invested more in increasing the number of tracks. The number of tracks has not increased in years.

A report by the Railway Association of Canada states that train tracks are green. The report reads:

Railways can play a big role in enabling Canada to meet commitments to reduce greenhouse gas emissions without sacrificing economic growth.

I am sure that is music to the Conservatives' ears. They will be pleased to learn that they can invest in railways and fight climate change without hurting our economy. In fact, this will help the economy.

I hope that the Conservatives will support this very important bill and move toward a national public transit policy in order to fight climate change and improve our economy.

I urge the Conservatives to look further than this bill to make railways safer, to go further than Bill C-4 and lead us toward a national public transit policy.

[Claude Patry, NDP, Jonquière—Alma, QC]

Mr. Speaker, I thank my hon. colleague for his speech.

He talked about a level crossing in a downtown area. There is one in my riding. There have been some very serious accidents involving young people beside the railway tracks. I am wondering if the recommendations include anything about pedestrians using intersections where there is a level crossing. Is there anything in the recommendations that goes even further to protect pedestrians who use these areas?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my hon. colleague from Jonquière—Alma for his very relevant question. We have the same problem in my riding.

Indeed, we need to think about the safety not only of passengers and the people who work on the railway, but also of the pedestrians and motorists who cross railway tracks, because we want to improve the railway system so we can have faster trains. I think the Conservatives will consider that.

That is why I said that we absolutely must invest in our rail infrastructure, in order to ensure that our level crossings are safe for both pedestrians and motorists. We need to invest in order to build either overpasses or foot bridges, to encourage public transit and to ensure that people are happy to have trains travelling through their neighbourhoods.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I wish to congratulate the hon. member for Drummond on his excellent speech and the great work he does in his riding, as well as all the environmental and transportation proposals he brings to our caucus table.

We are looking at a bill to amend railway safety and transportation in Canada, but this bill does not have any long-term vision or include any regional development, as my colleague indicated. There are many danger zones in urban environments, just as there are in rural and agricultural settings. In my riding, for instance, there are still many rather problematic areas.

Does the bill currently address any of those aspects? How could the NDP fix those problems with its long-term vision?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank my hon. colleague from Compton—Stanstead for his excellent question and his excellent work. I have the distinct pleasure of working with my colleague on various files, including public transit.

We have to look to the future. Bill S-4 on rail safety is a step in the right direction, but we have to look further down the line. My hon. colleague was right when he said that we need a national public transit policy. We need a comprehensive approach that takes environmental issues into account.

As I mentioned, rail transport associations and organizations say that this is one way to fight climate change. We know that the Conservatives are not doing much to fight climate change at the moment. Investing in rail-based public transit would be another step in the right direction.

The government must also invest in infrastructure. That is another Conservative shortcoming: failure to invest enough money in infrastructure. We need rail transportation infrastructure. We cannot leave everything up to the private sector. Unfortunately, the private sector only considers the short term; it has no long-term vision. The government must get more involved in infrastructure, as my colleague rightly pointed out.

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member for Saint-Lambert with a brief question.