Bill C-52 (Historical)

Safe and Accountable Rail Act

An Act to amend the Canada Transportation Act and the Railway Safety Act

This enactment amends the Canada Transportation Act to strengthen the liability and compensation regime for federally regulated railway companies by establishing minimum insurance levels for railway companies and a supplementary, shipper-financed compensation fund to cover damages resulting from railway accidents involving the transportation of certain dangerous goods.
Among other things, the amendments
(a) establish minimum insurance levels for freight railway operations based on the type and volume of goods that are transported;
(b) require the holder of a certificate of fitness to maintain the liability insurance coverage required by that Act, and to notify the Canadian Transportation Agency without delay if its insurance coverage is affected;
(c) establish that a railway company is liable, without proof of fault or negligence, subject to certain defences, for losses, damages, costs and expenses resulting from a railway accident involving crude oil or other designated goods, up to the level of the company’s minimum liability insurance coverage; and
(d) establish a compensation fund in the Accounts of Canada, financed by levies on shippers, to cover the losses, damages, costs and expenses resulting from a railway accident involving crude oil or other designated goods that exceed the minimum liability insurance coverage.
The enactment also amends the Railway Safety Act to, among other things,
(a) allow a province or municipality that incurs costs in responding to a fire that it is of the opinion was the result of a railway company’s railway operations to apply to the Canada Transportation Agency to have those costs reimbursed by the railway company;
(b) clarify the Governor in Council’s power to make regulations respecting the restriction and prevention of access to land on which a line of railway is situated, including by means of fences or signs on that land or on land adjoining it;
(c) authorize a railway safety inspector who is satisfied that there is an immediate threat to the safety or security of railway operations to order a person or company to take any measure that the inspector specifies to mitigate the threat;
(d) authorize the Minister to require, by order, a company, road authority or municipality to follow the procedures or take the corrective measures that the Minister specifies if the Minister considers it necessary in the interests of safe railway operations;
(e) provide the Governor in Council with a regulation-making power regarding the submission of information that is relevant to the safety of railway operations by any person, other than the Minister to any person;
(f) authorize the Minister to order a company that is implementing its safety management system in a manner that risks compromising railway safety to take the necessary corrective measures; and
(g) declare that certain regulations and orders that were made under the Railway Act are deemed to have had effect from the day on which they were made under that Act and that those regulations and orders continue to have effect from that day as if they were made under the Railway Safety Act.

Safe and Accountable Rail Act

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, my hon. colleague has agreed with much of what I have said. We need to ensure that our communities are kept safe. There are many measures possible, and we need to ensure that we do not put our residents in harm's way by not doing everything we can to ensure the transport of goods along our railways is safe. We need to work toward that.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-52.

Basically, this bill requires railway companies that transport dangerous goods to have a minimum amount of insurance coverage. It also establishes a disaster relief fund paid for by crude oil shippers to compensate victims of derailments, provinces and municipalities.

The measures contained in this bill are vital, and that is why I support them. However, the bill is not enough to ensure proper rail safety in Canada. The Government of Canada has been deregulating the rail industry for decades. It started under the Liberals' watch. They began making amendments to the Railway Safety Act as early as 1999 in order to hasten the deregulation of this industry.

I would also like to talk about my constituents' concerns regarding the transportation of dangerous goods. Last week, I went door to door with a team of volunteers in order to talk to my constituents about the environment and their concerns about environmental assessment.

We found that a great deal of deregulation has occurred in the rail industry. There has also been a lot of deregulation regarding pipelines and the associated environmental assessments. The Conservatives have seriously undermined Canadians' confidence in the federal pipeline assessment process by gutting the environmental rules and seriously limiting public consultation.

Obviously, the Conservative government is willing to deregulate at any cost in order to promote the industry, and it is our environment and our health that will suffer for it. In fact, Ottawa recently transferred the responsibility for determining whether a pipeline project would have an impact on fish and aquatic species at risk to the National Energy Board. The National Energy Board is responsible for monitoring the oil and gas industry, not the environment and aquatic species. The board does not have the necessary expertise to reassure Canadians that there will be a rigorous environmental assessment process.

Getting back to the subject of rail industry deregulation, in 1999 the Liberal government amended the Railway Safety Act. Successive governments maintained that policy. In 2001, when direct federal government oversight was replaced by safety management systems, the federal government's rail safety role changed dramatically. Nothing in this bill guarantees that rail companies will comply with the government's regulations.

In conclusion, I would like to say that Canadians deserve a government that will take action to prevent accidents and protect their health, their environment and their safety across the country. The federal government has so neglected railways in Canada that the transportation of dangerous goods by train has become extremely risky. That is why we need a national transportation strategy such as the one proposed by my former colleague from Trinity—Spadina, Olivia Chow. We need a strategy to ensure that dangerous goods can be transported safely with the infrastructure we have in Canada. That is why we put this proposal forward. I would like to conclude by saying that the government's approach has been a complete failure. The NDP has solutions that will really keep Canadians safe.

[The Acting Speaker, Bruce Stanton]

Resuming debate.

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, Bruce Stanton]

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

[Some hon. members]

Agreed.

[The Acting Speaker, Bruce Stanton]

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)

I see the hon. Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development rising on a point of order.

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, I wonder if we could get unanimous consent to see the clock at 5:30 p.m.

[The Acting Speaker, Bruce Stanton]

Is that agreed?

[Some hon. members]

Agreed.