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.

[Scott Brison, Liberal, Kings—Hants, NS]

We just finished with Bill S-4 on the Railway Safety Act. Why weren't these changes included in that piece of legislation?

[The Acting Speaker, Conservative, Barry Devolin]

I have the honour to inform the House that a communication has been received as follows:

The Secretary to the Governor General and Herald Chancellor

May 17, 2012

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 17th day of May, 2012, at 9:30 a.m.

Yours sincerely,

Stephen Wallace

The schedule indicates that the bills assented to on Thursday, May 17, 2012, were Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act—Chapter 7, and Bill S-1003, An Act to authorize Industrial Alliance Pacific Insurance and Financial Services Inc. to apply to be continued as a body corporate under the laws of Quebec.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Thank you, Mr. Chair.

Has the motion been circulated? Okay, then I move:

That, the Standing Committee on Transport, Infrastructure and Communities immediately commence a study on the subject matter of the sections of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, which directly fall within the mandate of this committee, namely Part 4, Division 31, Railway Safety Act; Part 4, Division 45, Canada Marine Act, and Part 4, Division 48, Canadian Air Transport Security Authority Act.

If the committee would allow me a few minutes, I will talk a bit about these three sections because just recently we dealt with Bill S-4, Safer Railways Act. This committee just spent at least one meeting on that. We've had many meetings prior to this session of Parliament studying and improving the Railway Safety Act. It just passed the House two weeks ago after it had gone through the Senate, and it has been studied at least twice. All of that was occurring while this was being drafted, which is bizarre. To not have this section of the Railway Safety Act in front of us for discussion doesn't make any sense at all.

Let me address this more precisely. I'll talk briefly about the Canada Marine Act and the Canadian Air Transport Security Authority Act. The government is proposing that section 16 of the Railway Safety Act be amended following subsection 4 by adding:

However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.

Precisely what does that mean? If there is a road authority, then the construction work would be 12.5%. Why 12.5% and not 15%, or why not 50%? It's not clear.

Then section 16 of the act would be amended by adding the following after section 5:

The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).

So the government could choose, if it wants, to exempt any part of this percentage. Then, there is a clarification in proposed subsection 5.2:

A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.

It's not very transparent why this is proposed. Having this debate at the finance committee makes no sense; it should be in front of this committee.

I then looked at section 16 of the Railway Safety Act. What does it talk about? Well, let me tell you what it talks about:

That the proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operation or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

We're just trying to understand what this is all about, and so I went back to look at part III of the Canada Transportation Act and realized that this section 16 and the Marine Act and the Air Transport Security Authority Act—which I am going to get into—are really complex.

What we've noticed is the centralization of power in the ministers and the cabinet, that is, in the order in council.

Do we believe in that direction? Why are we doing this with the ports? Why are we doing it with air transport?

Safer Railways Act

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, the members of the Bloc Québécois will vote in favour of Bill S-4. This is no surprise, I agree. We have before us what I would call an apple pie bill, meaning that it is good and that everybody likes apple pie. Nobody is against motherhood and apple pie. So, obviously, the Bloc Québécois is in favour of rail safety.

Bill S–4 amends the Railway Safety Act in order to encourage rail companies to create and maintain a culture of safety, particularly—and I come back to the specific areas in the bill—by strengthening rail company safety; by protecting employees who raise safety concerns and by requiring that an executive from each rail company be legally accountable for safety.

The bill also enables the government to penalize offenders with tough new monetary penalties and enhanced legal penalties.

The amendments also seek to 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. The amendments also clarify the authority and responsibilities of the Minister of Transport with respect to railway matters.

Why would anyone be against that? Still, it is easy to tell rail companies to be safe, but if the government does not help them, if it just stands by watching important branch lines deteriorate over time and complaining about the resulting danger, then it is not part of the solution; it is part of the problem.

This government and its predecessors are to blame for the appalling state of our rail network—particularly in Quebec. For example, on Wednesday, January 18, 2012, there was an article by Radio-Canada—which will no longer be able to question the authority of the Cartman government if the Minister of Canadian Heritage and Official Languages's new code of conduct comes into force.

The title of the Radio-Canada article was “The Gaspé needs $95 million to save its railway”.

I will read this very short article:

Residents and elected officials are rallying to maintain the Gaspé's railway network, particularly the Matapédia-Gaspé line.

A series of actions, which will be put in motion over the coming weeks, were announced on Tuesday at a press conference in New Carlisle.

Members of the Société du chemin de fer de la Gaspésie or SCFG, which is owned by municipalities in the region, need an investment of $19 million a year to repair the rail line and improve safety.

A study conducted by the SCFG...that was released in December found that an investment of between $93 million and $100 million is needed to maintain and repair the 320 km of track between Matapédia and Gaspé.

During the protest that was held at the New Carlisle station...SCFG management gave [the governments in] Quebec City and Ottawa an ultimatum.

Without a commitment from the governments, the Matapédia-Gaspé line could be shut down completely by March 31 [2012]. Already, VIA Rail passenger trains have not been travelling on this line since December 21. For safety reasons, VIA Rail is transporting its passengers by bus to Gaspé.

The president of the SCFG and mayor of Gaspé, François Roussy, is aware that a request for $95 million in funding is significant; however, the funding is vital to the survival of the railway. “We must use every means available to us to mobilize our governments,” he told a group of residents and elected officials...

[Meetings have been held.] Members of the SCFG want to meet with Premier Jean Charest and with the Minister of the Economic Development Agency of Canada for the Regions of Quebec as soon as possible...to let them know how difficult it will be to encourage private investment in the region without a railway that is in good repair.

[The minister], who is also the federal Minister of Transport, Infrastructure and Communities, responded to the needs of the SCFG on Tuesday. He indicated that he could not commit to granting the request at the moment, but he promised to look into the matter.

It took VIA Rail ending service to the people in the Gaspé to get even that wishy-washy answer from the minister.

How can the government justify the fact that it is dragging its feet when it comes to assuring the safety of VIA Rail passengers, yet it is threatening the workers at that company with special legislation, because a strike could hurt the economy?

The closure of a section, the dilapidated state of the network, believe me, that is what is really hurting the economy. It is easier for this government to abandon workers than to help railroad users.

We will vote in favour of the bill, because we believe that the rail network is essential to the Quebec economy. Furthermore, if the Conservatives were to propose bringing in a high-speed train between Quebec City and New York, the Bloc Québécois would support it.

However, the fact that we are voting in favour of this bill does not mean that we necessarily support the Conservatives' way of doing things, which involves forcing others to pick up the tab for its own failings. That is typical. They ignore rail safety for years and then threaten to fine any businesses that use these unsafe networks.

Thus, the federal government needs to follow through on its desire to tighten safety rules and make available the funds that railway companies so desperately need in order to maintain the railway network, particularly in the Gaspé.

I would like to reiterate that the Bloc Québécois will support the bill. Thank you for the time given to me here today.

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

Mr. Speaker, thank you for your intervention, which I found very fair.

With respect to Bill S-4 and rail safety in Canada, this bill is certainly of interest to my constituents. We have a railway that is over 100 years old. It has an unusual history that I will share with my colleagues in a moment or two.

On the one hand, the government says that it wants to improve rail safety in Canada, but on the other, it wants to privatize Canadian railways. I do not know how the government can square those two objectives without considering the fact that Canadians railways have been neglected and have deteriorated to the point that rail service to some of the regions has been cancelled.

We have been waiting quite some time for a bill of this scope that can improve rail safety. However, we must also work together to ensure that our railways do not deteriorate. A railway's safety cannot be assured if the rail line itself has deteriorated to the point where trains can no longer travel on it.

In Canada, for instance, two railways have deteriorated to such an extent that trains no longer use them. I am referring to the Malahat railway on Vancouver Island and the Baie-des-Chaleurs railway, which no longer travel on the rail lines. This is precisely because the railways were left to deteriorate to the point where passenger safety could no longer be guaranteed and commercial goods could no longer be transported on these rail lines.

Some communities are now in a precarious situation because they depended on the railway, the tourism it created and the goods it transported. These communities no longer have access to the railway because the government drags its heels when it comes time to ensure the safety of the railway. The communities affected by these deteriorations are now in dire straits. They are no longer able to do what the Conservative government is proposing that they do and that is to take over. Remote communities are told not to worry because they can restore the railway themselves. There are also told that legislation will be passed once they have finished restoring the railway.

I am sorry, Mr. Speaker, I forgot to mention at the beginning of my speech that I would be sharing my time with the hon. member for Notre-Dame-de-Grâce—Lachine, if I may.

The bill the Senate is proposing today on improving the safety of our railway is meaningless if the railway has deteriorated and the means are not in place to restore it. By the way, I am a little disappointed in everything the Senate proposes, regardless of the bill, but that is another issue.

The Conservatives would have us believe that privatization is the answer to just about all Canada's problems, but this privatization will not work.

In the Gaspé, a consulting firm was hired to assess the condition of our railway and to determine what it would take to restore it. The cost of upgrading our railway was estimated to be $93 million. The government is saying that the municipalities in the Gaspé are supposed to find $93 million to repair their railway. That does not work. They cannot do it.

Furthermore, the government sold them on a project in 2006 when it told them that their section of the railway would be privatized, the ownership transferred to the municipalities and a co-operative of municipalities would be created and would be responsible for the work to be done. At the time, CN and its allies did not conduct a real assessment of the government's needs and trotted out any old figure.

They said it would cost $19 million to restore our railway. That was not the case. Today, five years later, we see that $93 million is required. There is a $73 million deficit to make up in order to restore our railway. We asked the Conservatives whether they were prepared to help us improve our railway, and the answer we got was total silence. We got no answer.

The communities in the Gaspé, and it is apparently the same on Vancouver Island, depend on their railway. It is a job creator and a wealth generator. It is worth a lot more than the $93 million that has to be found in order to restore it. It creates jobs and it means that tourists can come to our region and spend money. It makes it possible for new businesses to set up and have a safe and effective shipping service. But we do not have the money to restore it.

We want to get serious and enact a bill that says safety is the primary concern. Safety is important, but people still have to be able to use the railway. But it has closed down. I am very happy for this bill to be passed, but the railways outside the major centres are going to be left behind, and that is not going to change. They are going to continue to deteriorate. The government has privatized them. It no longer believes in railways for remote regions and it is abandoning them.

Now it is deciding to focus only on railways in urban areas. I am very happy about that, but even there, the Conservative government is abandoning us. Certainly there is no money in places outside urban areas. The Conservatives are not prepared to give us a hand. We do not have the money to hire people ourselves and buy the resources that are needed to improve our railway.

I would like to give the House an idea of how the railway stands in the Gaspé. The railway network in the Gaspé is a section that is unique in Canada. It is 202 miles long, and it is probably the section with the most bridges anywhere in Canada over the same distance. There are 93 bridges in 202 miles. That is why our railway is so expensive. It has been let go and our bridges have been allowed to deteriorate. That is why we have no VIA Rail service today. We have a “VIA Bus”.

The railway in the Gaspé is supposed to be class 3 track. Trains are not supposed to exceed 45 mph, which is about 70 km/h. At present, trains go over some bridges at 5 mph. That is why VIA Rail no longer wants to go there, because it has become ridiculous. Not only do the trains travel at 5 mph, but they cannot brake on the bridges. If they do, even at 5 mph, the bridge could collapse. This is really very disturbing. It is very important that money be invested so the railway is brought up to standard.

It is all well and good to pass legislation that is, in theory, very useful to Canadians, but if the Conservatives are not prepared to allocate the appropriate resources, at the end of the day, this bill is worthless. This bill is more theoretical than anything else. It needs to go much further than what the Conservatives are proposing. We need a real national transportation plan, a plan that improves transportation for Canadians and that sees it as a given that the environment must be protected, in short, a green plan. That is what we need, a cost-effective plan that generates jobs and wealth.

For the time being, I do see that happening. I am waiting for the Conservatives to propose something appropriate.

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.

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, I would like to congratulate my colleague for his tireless leadership on the rail issue, his involvement in the rail caucus and everything he does to try to improve rail and rail safety in the country.

It is certainly a shock that today a country as vast as Canada still does not have a high-speed rail link. We are even having trouble speaking about a higher speed rail, which would involve getting rid of level crossings in some of the corridors. This would help to improve rail safety.

With its far-flung population centres and vast land mass, Canada is unique in its geography. As such, our railways have always been an integral part of how we connect with each other across this massive country. Railways are not just a means of transportation, they tie us together at a much deeper level, as many of the speeches today have done, in particular, the member for Timmins—James Bay's speech just a while ago.

I know a great number of members in the House, myself included, rely on VIA Rail as a means to getting to and from our constituencies. In just the one year since I was elected I have already travelled over 25,000 kilometres on our rail network.

Railways are used every single day by thousands of people and it has been this way for hundreds of years now. The benefit of railways are clear. Trains are substantially more fuel efficient than motor vehicles when it comes to moving passengers, and especially cargo, over great distances. Of course, by potentially electrifying rail lines, greenhouse gas emissions could also be reduced in the coming years.

Despite the shortcomings of safety regulations, travelling by train is still roughly five times safer than using a car. It is still the main mode of transportation for Canadian goods. With 70% of all freight in our country shipped by rail, it is literally the backbone of our economy. Every interruption to our rail network comes at great cost to our economy. Rail lines provide crucial links to our biggest trade partner, the United States, and of course also connect to our ports in Halifax, Vancouver and Churchill, to provide access to important overseas markets for Canadian companies.

In large urban centres, commuting by rail is a vital component of our public transit networks, helping to get millions of Canadians to their workplaces every single day. VIA Rail connects to our country's most vibrant cities, carrying more than four million passengers a year. It could do a lot more with more government support.

The Railway Safety Act was implemented in 1989. It sets out a regulatory framework to address, for railways under federal jurisdiction, matters of safety, security and environmental impact. Transport Canada has noted that the Canadian rail industry has changed significantly since the act was amended in 1999. Operations have become increasingly complex and traffic is growing rapidly.

The department points out that in February 2007, the minister of transport, infrastructure and communities launched a full review of the operation and efficiency of the Railway Safety Act through an independent advisory panel. According to the department, the findings indicated that although the Railway Safety Act is fundamentally sound and efforts have been made to improve rail safety, more certainly needs to be done. The advisory panel's final report, Stronger Ties - A Shared Commitment to Railway Safety, published in November 2007, included 56 recommendations for the improvement of rail safety, some of which require further legislative changes to the Railway Safety Act. Then in 2008, the Standing Committee on Transport, Infrastructure and Communities issued its own report, which included an additional 14 recommendations.

On February 26, 2012, a VIA Rail train derailed in Burlington, Ontario, killing three VIA employees and injuring 42 passengers. We are still in the early stages of investigation but the indications would seem to suggest that speed and a lack of signals inside the train may have played a role. The crash reinforced what the NDP has long said, that although railways in Canada are relatively safe, tragic accidents can and do still occur. These preventable accidents should be avoided at all costs.

The federal government has a key role to play in the effort to make train travel safer. Federal initiatives, like Bill S-4, would go a long way toward making train travel safer for passengers and rail employees. However, other initiatives, like the NDP's call for positive train control and calls for the Conservatives to reverse their cuts to VIA Rail and transport safety programs, including rail safety, would also help to create a safer rail system.

While we applaud the eventual passage of Bill S-4, it is unacceptable that the bill and the important provisions it contains has taken so long. Now more than ever we need to see these changes realized. The NDP welcomes the bill and we see it as a step forward for Canada's rail safety. However, it is time for the Conservative government to take action and satisfy the long-standing demands from the independent experts at the Transportation Safety Board. More talk is not what we need. Action is what we want.

By the time the bill is passed, it will have been five years since the recommendations of those experts were first published. That is too long when making changes where safety is concerned. Canadians are demanding that we make the railway safer and we are more than happy to oblige.

We are happy to see the bill before the House, but it is a pity that it has not been a priority of the Conservative government, the government that likes to boast that it is the champion of the safety of Canadians. Let it try to say that to the families and victims of the derailment in Burlington, or to the families who lost their homes in St-Charles-de-Bellechasse in 2010.

The safety of Canadians is important. The bill is needed for railway workers, passengers on the trains and people who live near railway lines. It is also important to our economy, as I said before. Every disruption to the rail network potentially affects millions of dollars worth of goods and time.

The government likes to advocate for smaller government and for getting the government out of everyone's business. Large oil companies and their employees, the shippers that use the rail lines, citizens who live near the railways and passengers who travel by train would all disagree. They understand that government does have a role to play. It has a role to play as a regulator and protector to ensure the safety of all Canadians. It is a shame that it has taken the Conservative government so long to provide this measure that would ensure safety is enhanced, and it could go further.

Unfortunately, in the ideological zeal of the government, safety and well-being are often left to free market forces to decide. The government expects industry to regulate itself, but that rarely happens and so unnecessary accidents and tragedies occur.

I would like to now focus on some propositions we have made since the bill was introduced.

The first proposition from our party is that the government should not cut safety from its budget. The upcoming budget would cut money that could go toward safety. The parliamentary secretary mentioned that the amount of money spent on something should not be the measure of its effectiveness. Yet the people who enforce safety regulations and who have developed new safety systems need to be paid. They need to be remunerated for their work and it is not work that anybody can do. It takes experts to do this work. We cannot shortchange them. Nor can we cut corners in this area. When corners are cut on safety, we see the results. People who work in the transportation sector say that it jeopardizes safety. The government cannot say it defends safety on the one hand and then cut safety with the other.

We also ask that the proposed cuts of $200 million to VIA Rail be reversed. VIA Rail has challenges and it needs to implement certain systems.

The NDP would like positive train control implemented in Canada. It was done in the United States. In California there was a tragic accident in 2008 and the leaders decided that positive train control should become part of the system. There are positive benefits to implementing it. Yes, it is costly, but there are companies in Canada that contribute to this technology. Therefore, investing in this technology to improve safety would also be an investment in our economy. It would stimulate the innovators who contribute to positive train control and other technologies that make our railways safer.

We would also like to see voice recorders in locomotives. This would help to find out what happened when things went wrong. When there is an accident, it is in the interest of everyone to find out the full story of what happened so things can be improved in the future.

We must always be vigilant in working to ensure that we never take our hands off and that we are always working to ensure that life becomes safer for Canadians as they travel, going about doing their business and contributing to the economy.

[Jeff Watson, Conservative, Essex, ON]

Mr. Speaker, I appreciate the member opposite's intervention about high-speed rail. However, since Bill S-4 is about a safer railways act, I wonder if the member has any comments on the requirement for a rail operating certificate.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I will be splitting my time with the member for Scarborough Southwest.

I thank the House for the opportunity to speak on this matter as the NDP critic for high-speed rail between Quebec City and Windsor. The dream is eventually to connect with Detroit and Chicago. Rail provides our future with an incredible opportunity, and I will come back to that in a minute.

I want to note a number of important things with respect to Bill S-4 that are important in terms of jurisdictional changes in updating and modernizing the act. These changes are important not only in terms of Canada's overall economy but also in how they relate to people in our constituencies.

In relation to a rail issue taking place with CP right now, I would like to thank Mary Reaume and Mary Kavanaugh in Windsor. I am pleased as well to note Robert Taylor and Randy Marsh from CP and councillor Allan Hoberstadt and staff person Ian Bawden. These individuals have agreed to meet to work on a rail noise, vibration and flooding issue.

I would like to talk a little about that, because modernizing the act would provide a little more accountability, and hopefully more co-operation will take place with respect to rail issues.

We were able to get funding from the Let's Get Windsor-Essex Moving fund to separate a grade on Howard Avenue in Windsor. This is a fund for border infrastructure improvements. It is a very busy area, and there were a lot of issues with regard to pedestrians and with trucks and cars backing up.

A proper process was not in place or it was missed somehow in the planning process, and residents suffered repercussions when the grade separation took place. Consequently, residents living behind on Memorial Drive have been subjected to flooding, noise, vibration changes—a whole series of things. They have submitted a petition asking for a panel to look into this. I would like to thank those residents for their patience. Perhaps we can identify this with a meeting coming up.

It is important to note that rail was the birth of the country in many respects and is still important daily to our constituents. Companies need to be held accountable and changes have to take place.

We are going to see the macroeconomics of the importance of rail in the future with the opening of the Panama Canal. A lot of goods will be coming in through the Port of Montreal and Halifax. It is anticipated that a lot of these goods will be shipped on the rail system as we transfer them into the midwestern United States. That country does not have deep enough ports, and the ports are not as attractive as what we have on the east coast.

The safer railways act review is really important. I was a former transport critic, and we held many hearings at committee and looked at everything on this issue from safety management systems to the necessary infrastructure requirements. We have the romantic notion of rail being part of our past, but it is really going to be much more for our future.

It is important to note high-speed rail as well. The Railway Safety Act would modernize some of the issues with respect to high-speed rail, and that would be very important.

We all heard about how the recent tragic VIA incident took place. I wish to send my condolences to the families and to those who were injured.

The rest of the world is moving forward with investments in high-speed rail. Many G8 countries are doing that. Canada is the only G8 country that does not have high-speed rail. We are the only ones who have been left out of the equation. Modernizing the act is important, but at the same time we need funding allocation.

I have been working on the Quebec City to Chicago run. Last year I went to Michigan and met with officials of a department there. I wrote a letter to Kirk Steudle of the Michigan Department of Transportation inquiring about what is happening on the American side, because tens of millions of people live along the Quebec City-Chicago corridor. This would provide us with an opportunity for great urban planning as well as for improving the environment and bettering our economy.

I asked Mr. Steudle what his department is doing. He replied that improvements are being made that would eliminate a series of choke points, thereby relieving congestion and resulting in an increase in speed to a maximum of 110 miles per hour. The long-term vision also includes doubling the number of daily round trips in the Detroit-Chicago corridor.

There are rail tunnels that connect Canada and the United States. There are two in Windsor. We did have passenger rail between the United States and Canada through this corridor in the past. However, it stopped in the 1930s. We still have that infrastructure today available to us. It is exciting that the tunnel for passenger rail service is available again.

Improvements include: the Kalamazoo - Dearborn Service Development, for $200 million; the Ann Arbor Station Project; and the Midwest Corridor Regional Equipment Pool, where another $268.2 million was awarded to purchase 48 more passenger rail cars.

I want to quote Kirk Steudle, who was appointed director of the Department of Transportation for the state of Michigan. He states:

It is our understanding that the investments being made in high speed rail service in Michigan will prompt similar projects and studies in Canada, which would allow expansion of the high speed corridor from Chicago-Montreal. Improved and expanded service along this corridor will enhance our economic competitiveness,promote energy and environmental efficiency, and support interconnected communities by providing a more reliable passenger rail service.

MDOT looks forward to working closely with you to bring new investment to our region.

Sadly, I have seen the department of transportation on this side cut $200 million from VIA Rail. The United States is going in exactly the opposite direction. It sees the merit of this project. It is open to it and wants to connect to this corridor. It sees the bigger vision. Imagine, we could have Chicago, Detroit, Toronto, Montreal, Quebec City, and maybe eventually extend the improvements to Ottawa. We could have good passenger rail service around this corridor. This would be an economic investment that is critical at this point in time.

I proposed what I think is a modest strategy similar to the Detroit corridor. The Minister of Transport could convene a special working group. It has been done before with the Canadian Automotive Partnership Council. I think it is important to lay out the strategy behind this. The CAPC model not only brought in the auto manufacturers, it also brought in the union, the dealers, the parts people, the tool and die/mould makers, the entire automotive chain. The CAPC laid out a business plan and a measurement system for how to deal with our auto sector.

Sadly, the government has not convened a major meeting of this kind in two or three or four years. It has only had some executive meetings. It is sad because that is a model that I could envision. I was hoping the minister would take that up and would bring in the cities.

I have had a chance to meet with Mayor Fontana of London. He is interested. The mayor of Quebec City is interested. The mayor of Windsor has been supportive. A number of municipalities would provide opportunity and guidance with regard to this project. Then, on top of that, we would have the railways, CP Rail, CN Rail and VIA Rail, and other groups that could look at the overall business plan with regard to passenger rail and rail issues. They could look at the things that are preventing some of the improvements from taking place, and get them out of the way.

The goal is, and this is what they are doing in Michigan, to improve the overall line. It is really critical to eliminate some of those things, whether they be separation grades or improvements to the lines so they can go faster. Michigan is buying some lines, and those municipalities will know the problems and weak spots. It would be very important for us to get them together and look at the costs and how we make the improvements. That would be a positive way to approach things.

Once I conclude, I really hope that the government and the minister rethink their decision and take advantage of this opportunity for economic development and environmental development along the corridor with Michigan. That would be a real benefit to all of us. It would be an economic issue championed by municipalities, the province and the federal government.

[The Acting Speaker, Conservative, Barry Devolin]

Order. Before I go to the member for Timmins—James Bay, I would like to remind all hon. members that the matter before the House is Bill S-4, which deals with certain matters. I would encourage all hon. members to make their comments relevant to that, and the questions as well.

The hon. member for Timmins—James Bay.

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.

[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.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, I am going to take a break from these rather technical discussions to talk a little about philosophy. I would submit that we sometimes have to look to philosophy to light our way and our common future.

We are considering a bill that deals with railway safety. The railways are inextricably connected with the building of this country. They are the key factor in the marriage of diverse regions that we call Canada.

Canadians and members of this chamber will know that any marriage that is successful is based on trust. It is the essential element of any good relationship. When one loses that element of trust, that foundation, no matter what we build on top of it, the relationship will crumble.

Many will say that we are past the days of railways and have moved on to other more flashy, more attractive means of transportation. We must not forget that railways are still a foundation of our nation and of our economy. Canadians need to trust that rail will always be there.

This bill is an important part of building Canadians' trust in our railways. I want to turn to the issue of trust in terms of the presence of rail rather than the security.

Too often, in the past, railway service has been a favourite spot for making cuts. In 1981, Prime Minister Trudeau made cuts to popular VIA Rail lines. His government reduced the operations of VIA Rail, a crown corporation, by 40%. When the Mulroney government came to power it restored the services that had been cut. However, heavy rail traffic resulted in one of the most tragic accidents in Canadian history: the collision of a VIA Rail train with a CN train in Hinton, Alberta. Twenty-three people died. That is one of the reasons behind the bill we are considering today.

Cuts were made to VIA Rail in 1989, 1994 and 2003.

Canadians love the train, but they think service is not as reliable as it should be. To restore confidence, there have to be investments and improvements in terms of administration.

I return here to the analogy of a marriage in the specifics of the bill before us. In any marriage, people make vows, usually with the intention of creating a bond that will last a lifetime. In the day to day, people make negotiations and compromises. Now the vows, negotiations and compromises do not mean very much if one of the parties does not intend on enforcing or following the rules.

That is why those provisions in Bill S-4, which touch upon enforcement, are important. Time will tell if the judicial penalties are effective. I believe it is important to pass this bill as soon as possible but I must admit to a bit of skepticism that it will solve all railway safety problems.

I believe the government's work in this area is not over and we will see in the years to come what other measures will be necessary. There are many tools in building trust so that Canadians feel safe about their railways. Mandatory voice recorders in locomotives, for instance, would be a beginning.

Another thing that would be helpful is separating out elements of budget bills so that proper debate and discussion could take place about security. Instead, the government goes on with its infantile method of putting everything into a omnibus bill and then claiming that we vote against particular provisions.

I will return once again to the marriage analogy. It is like the government is a cheating spouse and we, the opposition, who want to make this work, just want to search through the credit card records to find the hotel where our partner made a dalliance. Instead, we get flooded with all the household bills and office papers and are told that we are never supportive. It is bad faith.

The government should accept criticism where criticism is due instead of using this infantile “You voted against it” line. Canadians are intelligent. They see through this kind of politics.

As well, we have heard rumours that VIA Rail is going to be privatized. We often hear this government, and in particular the minister, proclaim that they do not interfere in the affairs of a private company. We can therefore expect this legislation to be meaningless, since it is coupled with that ideology of non-intervention in regulation of the private sector.

I am still skeptical about the effectiveness of enforcing a law like this. The government has already shown that it is powerless against the private sector. We hope it will change its mind in the case of railway safety. I would remind the minister that it is the job of government to provide services to the public, for the public welfare, and that this must be done responsibly. Sometimes the government does not believe in its own laws, as was the case with the 1988 Public Participation Act.

The minister has said before:

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.

We in the NDP certainly agree.

I would like to conclude by talking about something important to many people in my home town of Saint-Lazare. It touches regulation directly.

Presently we do not have a mechanism which would get municipalities and rail companies to sit together and discuss issues such as vibrations caused by the speed of trains as well as a panoply of other issues. I have spoken with citizens and with rail company officials. They both tell me that they would like to see a mechanism through which dialogue could take place and that the federal government could play a role in this process. Bill S-4 does not have this provision.

These issues, the relationships between the municipalities and rail companies, directly affect the ridings of Vaudreuil-Soulanges and Glengarry—Prescott—Russell. The head of operations at VIA Rail, Mr. Marginson, indicated that there are 98 level crossings between Coteau and Ottawa.

Currently, companies are forced to contact private landowners if they wish to close a level crossing. The government must play a role to avoid the kind of conflicts and economic repercussions that are often the result of these disputes.

We all have the tools we need, but what is lacking is the political will to use them, because of this government's ideology and its belief that the state should not intervene.

I quote Mr. Cliff Mackay from the Railway Association of Canada, who said this about Bill C-33, the earlier bill:

Increased proximity between rail operations and everyday life in our communities across Canada is a risk factor that must be addressed to improve rail safety. We believe that Bill C-33 can be strengthened in this area. At the centre of these concerns involving proximity between railway lands and municipal development is the wide variation that exists across Canada with respect to land use planning regulations....Bill C-33 is silent on this issue at this time.

Unfortunately Bill S-4 remains silent on this issue as well.

We will support the bill but, as I said before, there are places where it could be improved.

Recommendation 34 that was made would require a process of consultation, which would have been an effective tool in reducing use conflicts and in turn increasing safety. Education campaigns are fine, but they rarely do the whole job.

Cliff Mackay also said:

We believe that one of the most efficient ways of improving railway safety in this area is to give the Governor in Council the power to make regulations respecting notices that should be given to railways regarding the establishment of a local plan of subdivision, or zoning by-law, or proposed amendments thereto, where the subject land is within 300 metres of a railway line or railway yard. We believe the 300 metres is a distance that makes sense from a safety point of view.

In terms of jurisdictional questions of this quote, they do it already in the air, not exact, for air infrastructure. Why not for rail? I admit maybe 300 metres is excessive. It could be less, but it was not really even discussed in a serious way, either as Bill C-33 or in its present incarnation, as Bill S-4.

For Pete's sake, all the companies were asking was that municipalities send a notice of when they were going to make changes that would fall within the area of this rail corridor. They were not even asking for any sort of decision on these questions. Those companies are forced to go to 10 provinces and 3 territories to negotiate an agreement with each one. It could be so much more simple and effective. That is what good governance means. It means the federal government takes its role seriously in bringing the country together.

In the future I hope the government will move from merely being a force for awareness of these issues to being a responsible public administrator that ensures that marriage between Canadians and their railway lines remains healthy for generations to come.

[Malcolm Allen, NDP, Welland, ON]

Mr. Speaker, I will be splitting my time with the fabulous member for Vaudreuil-Soulanges.

I am happy to participate in the debate on Bill S-4. I would like to congratulate a couple of my colleagues. The first is my colleague from Western Arctic. He prefers to be called the member from the Northwest Territories rather than Western Arctic, but indeed his riding is in the western Arctic. I would also like to congratulate the member for Trinity—Spadina, who has been working on this transport file for quite some time, along with the member from the Northwest Territories. In the last Parliament she was very adroit in making sure that many of the suggestions that ended up in the bill were amendments to previous legislation to make sure we actually came forward with a transport bill that addressed the safety concerns of the passengers on VIA and the workers who have to travel on those trains. They are the locomotive engineers, the brakemen, et cetera, who deserve, especially today on International Workers' Day, the safest place to work we can make for them. It is an obligation that I think we all share.

We are pleased to see that the bill contains slightly over 80% of the things we would have like to have seen, although obviously there are a few other things that we would like to see in it.

It strikes me as ironic as I look through the history of where things were at over a number of years. A report that was called the advisory panel's final report was published. The actual title of the report was “Stronger Ties: A Shared Commitment to Railway Safety”. I thought it was quite striking to use that title of “Stronger Ties”. I was a train spotter growing up in Glasgow, and we knew more about trains than we knew about anything else. The ties lying on the railbed keep the rails firm and make sure that those rails do not come apart. It is the ties, as they call them, that hold the rails at an exact space apart and prevent the rails from being flimsy and coming apart, or the spikes from leaving and so forth. I thought this report in 2007, “Stronger Ties: A Shared Commitment to Railway Safety” was rather ironic in that it took almost five years to get us to where we needed to be in 2007.

We are looking at what has been requested from workers and from passengers, which is a safe railway system. The railway system in our country is indeed a safe system; however, as in every system, there are always things we can do to make it safer. That is what New Democrats have been pushing for, not only in this Parliament but in past Parliaments. They have been pushing to ensure that those who travel by rail have safe passage and that those who work on the rail will go to work and come home safely. As we know, there have been episodes when that did not happen.

The train that leaves my municipality in Niagara and takes itself through the Niagara Peninsula to Toronto, as was pointed out by my colleague from Trinity—Spadina, derailed just outside of Burlington. It was an absolutely tragic accident, but as my colleague pointed out, one that was preventable. If the 2007 report, “Stronger Ties”, had been implemented with the suggestions that my colleagues from Western Arctic and Trinity—Spadina had suggested, that accident might indeed never have happened. Three men might not have lost their lives and three families might not be suffering the loss of fathers, husbands, sons, uncles and brothers. They might have still been with us. Unfortunately, that is not what happened.

Therefore, in memory of those three men who lost their lives in that derailment in Burlington, we need to do everything within our capacity to ensure that it does not happen again.

The trains are perhaps being operated a little faster than they should be, so when they come to a switch and change tracks, it is a dangerous moment. Switching to a different track is hazardous, and speed is a very critical aspect.

However, there are mechanisms. We do not need to reinvent the wheel, so to speak. When it comes to health and safety, we can have mechanisms that, if the train is approaching the switch too quickly, it can be automatically slowed down to ensure it makes the switch appropriately and does not come off the rail, as we saw in Burlington.

It is unfortunate that is not part of the bill but it should not stop the bill. In my view, it would not be something that would be an impediment to voting for this but it needs to be thought about in the future. We need to do this in a more comprehensive way. We may never find out what happened in that derailment because those three gentlemen are no longer with us to tell us what happened. The passengers are not sure what happened either, as they were in the carriages behind, not in the locomotive, and no one in the locomotive can tell us exactly what happened.

This is a transport system that carries large numbers of people and, in some cases, carries more people than an airplane might. However, in an airplane we have voice recorders in the cockpit to tell us what the pilot and co-pilot are saying at all times during a flight. In the case of a crash, heaven forbid but there have been some over time, we now have a voice recorder and a data recorder that can actually help us to understand what happened and, just as important, help us understand how to avoid it. That is the crux of it. If we had had a voice recorder in that locomotive in Burlington and in others that have crashed, especially when we saw loss of life and have no independent witnesses who were in control of the locomotive, we could have then pieced together exactly what happened. We would have known what they were saying at that moment or the moments leading up to it? What could they have told us to ensure that the same thing would not happen again?

That is a critically important piece of information that is missing in the safety bill, which is unfortunate. I would look to the government, hopefully, to ensure that gets done in the very near future but we do want to ensure this safety legislation gets passed. Ultimately, it is about taking people on the rail lines. As my colleagues have pointed out, there are literally hundreds of thousands of people who travel by rail across this country.

I had the great privilege, when I was younger, of spending some time in the lovely city of Edmonton while at the University of Alberta. I travelled there by train. However, unbeknownst to me, being a young person who had not travelled the breadth of this country, it took 54 hours to get there, which is a remarkably long time. It is two days-plus, but that is the breadth of the country. I must admit that, although I was a student at the time and did not have one of those luxurious cabins people may have today on the train, it was a pleasurable journey travelling across this country by rail, not only because of what I saw of the country but because of the service that was committed to us as passengers on that particular rail passage.

For those of us who enjoy trains, which many of us do, when it comes to travelling by rail we have many lessons to learn from places around the world and in this country where we see light rapid rail systems, whether it is in Vancouver or in downtown Toronto.

In fact, if we look back to Niagara, where I live, in the riding of Welland, it was a number of years ago, before I was born, when people could travel by rail from Lake Erie to Lake Ontario. We cannot do that today. One hundred years later and we cannot get from Lake Erie to Lake Ontario by rail. I know members will find this hard to believe but up until about six months ago people could not do it by bus either. I congratulate the Niagara region for implementing a regional bus service but we can just think if it had kept those railbeds. We could actually have taken a train from Port Colborne in my riding all the way to the riding of the hon. member for St. Catharines in the north and get from one lakehead to the other. Would it not be an amazing thing to think that we could do it, not for the first time, but again? We did it over 100 years ago.

Folks went by train to see their families if they were living in the north or the south end of the peninsula, never mind the places that my colleague from Sudbury was talking about. When one is in the north and is isolated, then rail it is. When we think about communities in the north where rail is their mode of transportation, their of getting materials and supplies in and how they move people, we need to continue to support rail, not only from a safety perspective. My friends in the Ontario legislature need to keep the Ontario Northland open because that is a crucial link to the northern part of this province. Therefore, I would send the message to Mr. McGuinty that he should keep the ONR open.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, I appreciate this opportunity to continue my discourse on Bill S-4.

As I suggested earlier, the new Bill S-4 contains some amendments to the environmental protection portion of the bill which would give more power to the minister to enforce environmental protection. As I started to say earlier, one of the things that gives residents in urban areas, and in particular in Toronto, significant worry is the exhaust from diesel trains.

New York City is 104 years ahead of Canada because it banned fossil fuel-burning trains from Manhattan Island in 1908. Since that time, only electric vehicles have been permitted to operate in Manhattan, to the point where engines actually have to be changed on the way in. That has resulted in a much cleaner and more manageable environment in the city of Manhattan.

The citizens of Toronto would like the same courtesy. As such, they are pushing GO Transit in particular but ultimately all the other train operators, CN, CP and VIA, to use electric vehicles wherever possible.

I note that environmental regulations are currently stronger in the United States than they are here and I hope the minister will make Canadian railroads adopt tier 4 standards for all their engines in 2015, as is the case in the United States.

The other piece of safety worry for residents in the city of Toronto is derailments. One only has to witness the kind of destruction that takes place in adjacent areas when there are derailments.

In the city of Toronto rail corridors traverse significant residential populations. The rail industry requested that this bill be amended to allow it to have some say over how close houses can be built to the rail corridor.

In Toronto the rail corridor is being moved closer to homes by the rail company itself. It beggars belief that it would actually do this, but that is happening. In one case, CP Rail expropriated the backyards of several homes in order to move its rails 20 feet closer to the homes. If a derailment occurs in that piece of my riding, the devastation will be unimaginable.

Therefore, what does the rail company do? It is now building a crash barrier for protection, but it will not protect the homes. The crash barrier will be between two sets of rail corridors so if a crash happens, CP freights will not damage CN and VIA rails, but nothing has been built to protect the homes. The bill should provide the minister with the power to look into this. Why are we protecting against a crash if the crash happens toward the rail corridor rather than toward the homes?

A school is right on that rail corridor. The play yard is literally five feet from the rails. When that was criticized, the rail company said that people should not build schools so close to a rail corridor. The trouble was the school was there first and the rail company just did not know that.

One cannot talk about rail safety without saying something about the deteriorating infrastructure of our railway system. My colleagues in the NDP from coast to coast see rail service being closed for safety reasons as a result of deteriorating tracks and a lack of adequate maintenance. Clearly, track maintenance is an issue in rail safety. Significant investment needs to be made in rail infrastructure across Canada, not only to improve rail safety but to continue to provide, and hopefully expand, rail service both in terms of passenger service as well as freight service.

Passenger and freight services were closed recently in the Gaspé and on Vancouver Island as a result of deteriorating rail infrastructure. These services were handed to the local authorities by the big rail companies in what was almost an unfit state. The local authorities do not have the funds to keep them up the way the rail companies did. Therefore, we need federal action to create rail safety on these and other such rail corridors.