An Act to amend the Railway Safety Act (safety of persons and property)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Joyce Bateman  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Railway Safety Act to improve public safety by providing authority to issue orders if a railway work or a railway operation poses a threat to the safety of persons or property.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Railway Safety ActPrivate Members' Business

January 27th, 2015 / 5:20 p.m.
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Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

Mr. Speaker, it is a pleasure to speak to the bill brought forward by the member for Winnipeg South Centre, who has done an outstanding job in her first term, the first of many terms in Parliament.

I am pleased to have the opportunity to speak about our government's efforts to improve the safety of Canada's national rail system through current regulatory action and, more specifically, through Bill C-627, an act to amend the Railway Safety Act to further enhance the protection of Canadians, property and the environment.

I believe we all would agree that rail transportation is one of the utmost important modes of mobility in our country. Canada's railways are vitally important to our national economy. They are the most fuel efficient form of transportation in the movement of goods in interdependent transportation systems.

Although Canada's railway system is one of the safest, railways are not without risk. Increased rail traffic means increased chances for rail accidents, which disrupt freight, commuter and passenger services. This leads to lost revenue, increased public costs, reduced productivity for customers and in some cases terrible fatalities.

Canada has a robust rail safety program with strong federal rail safety rules and regulations in place to ensure that the safety and the protection of the public is a top priority.

The Railway Safety Act is the cornerstone of the federal rail safety regime in Canada. It provides Transport Canada with the responsibilities to oversee railway safety through inspectors and audits, supported by strong safety education and awareness.

Under the Railway Safety Act, Transport Canada's rail safety program is responsible for developing, implementing and promoting safety policies, regulation standards and research.

Transport Canada's oversight role includes monitoring railway companies for compliance with rules, regulations and standards, as well as for the overall safety of railway operations through audits, inspections and investigations. It will take appropriate action when required.

Transport Canada monitors and inspects the operation of 31 federally regulated railway companies and approximately 40 local railway companies. Railway safety inspectors located in five regions across the country are key in maintaining and improving the safety of our national rail industry. They inspect railway tracks and equipment and monitor operations on a regular basis.

Following the tragic events in Lac-Mégantic, Transport Canada took decisive action to improve railway safety and the transportation of dangerous goods by requiring that any person who imported or offered the transport of crude oil conduct classification testing, ensure that railway companies shared information with municipalities, which would further support municipal emergency planners and first responders, and that the least crash resistant DOT-111 tank cars be removed from dangerous goods service.

To address the Transportation Safety Board's recommendations in its final report on the Lac-Mégantic derailment, Transport Canada issued an emergency directive that required railway companies to meet standardized minimum requirements for handbrake applications and implement additional physical securement measures. Moreover, Transport Canada is recruiting additional staff to carry out more frequent audits.

Recruiting additional staff with engineering and scientific expertise for oversight of transportation of dangerous goods is another important component of the reforms.

Transport Canada, in response, is also creating a process for increased information sharing with municipalities, and also researching the properties and behaviour of hazardous materials and Canadian crude oil.

To reiterate, in its commitment to a safe rail transportation system, not only for communities across the country but also for Canada's economic well-being and further strengthening of the federal railway safety regulatory regime, Transport Canada has accelerated the development of several key recommendations. To be more precise, the department accelerated the development of five regulatory packages to address the recommendations of the Rail Safety Act review panel on rail safety; to respond to the recommendations of the Office of the Auditor General's fall 2013 report; and to further improve the railway safety and strengthen the department's regulatory oversight and enforcement capacity.

The new railway safety administrative monetary penalties regulations were published in the Canada Gazette, part 2, on October 22, 2014, with a coming into force date of April 1, 2015. The regulations introduced a new tool in the rail safety program's enforcement regime that could be used to ensure compliance with the Rail Safety Act, as well as regulations, rules, orders, and emergency directives made under it.

Amendments to the transportation information regulation would improve data reporting requirements to better identify and address safety risks before accidents happen. This would improve safety by supporting better planning and performance measurement, allowing for more focused audits and inspections and targeted programs that address specific safety issues.

New railway safety management systems regulations are being developed to replace the existing regulations that came into force on March 31, 2001. They were the first of their kind in the federal transportation sector and introduced a formal framework that helps railway companies integrate safety into their day-to-day operations.

Besides increasing our level of protection from accidents and negligence, these new regulations would further advance a strong and enduring safety culture in the railway industry for years to come.

In addition to these regulatory actions stemming from the review, Transport Canada is also developing grade crossings regulations to efficiently manage and enable safer grade crossings. This would lead to reductions in collisions, fatalities, injuries, and property damage, and the potential for environmental disasters resulting from a spill of dangerous commodities. All individuals who use grade crossings, whether they are walking, driving a car, or a passenger on a train, would benefit from improved safety.

All these regulations are ·expected to come into force within the next year to build upon the existing strong rail safety program and federal railway safety rules and regulations in place to ensure the safety and protection of the public. They all complement Bill C-627 to provide Canadians with the safest railway system possible.

Furthermore, the Government made a commitment in the 2013 Speech from the Throne to ensure that adequate resources will be available to hold federally regulated railways accountable in the event of an incident.

The Railway Safety Act provides the department with the power to protect people, property, and the environment from potential harm by ensuring that railways operate safely within a national framework.

Under the Railway Safety Act, Transport Canada has a variety of tools available to enforce compliance and to respond to safety concerns or threats to safe railway operations, such as a notice and order to respond to threats to safe railway operations, a ministerial order to inform a regulated party of a particular rail safety problem and ordering them to address that problem, and prosecution.

There are many efforts to make our national railway system safer. Our nation was built on the railway and we will grow stronger with a safer railway as we move forward into the 21st century.

The House resumed from November 5, 2014, consideration of the motion that Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property), be read the second time and referred to a committee.

Railway Safety ActPrivate Members' Business

November 5th, 2014 / 7:30 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, it is a pleasure to stand in the House this evening and represent the constituents of my riding of Parkdale—High Park in Toronto on the very important issue of rail safety.

Tonight we are debating Bill C-627, a private member's bill. The focus of this bill is on the issue of railway level crossings. That certainly is a major issue. A number of people are injured or killed every year.

I would first like to salute the hard work of my colleague from Brossard—La Prairie for all his diligent work in holding the government to account on this very important issue of railway safety. Following the disastrous crash in Lac-Mégantic, Quebec, Canadians awoke to the very real concern that perhaps their safety was not being as diligently monitored as it should be by our federal government.

I want to speak a bit about my riding of Parkdale—High Park. The northeastern part of my riding is called the junction because it is an intersection of multiple rail lines that cross and become the northern and eastern boundaries of my riding. The southern part of the riding also has a rail line running through it. We are a riding of railways and the issue of rail safety is important to the people of Parkdale—High Park.

The disaster in Lac-Mégantic got the attention of people because those same runaway tank cars that crashed and exploded went right across the northern boundary of my riding. Our community was horrified to find out about the dramatic increase of tank car traffic in Canada.

In 2009, there were 500 tank cars. In 2013, there were 140,000 tank cars rumbling through our community so quite rightly people are concerned. Some of the people in Parkdale—High Park look out their bedroom window and see hundreds of these tank cars rolling by or children who are playing in a nearby parkette on Vine Avenue. Therefore, it is of great concern to the people in my riding.

We recently had a meeting on this issue of railway safety. We had a huge turnout. Many community members came out to discuss this issue. We were pleased that CP Rail sent a representative. While not everyone who attended the meeting was happy with the answers they received from the representative of CP Rail, they were pleased that a representative attended the meeting.

However, they were frustrated that the Minister of Transport refused to allow any officials from Transport Canada to attend the meeting and answer the questions of the people from my community. We found that shocking.

While I want to acknowledge that the federal government has made some moves forward and some strides on railway safety following the disaster at Lac-Mégantic, let us be clear that there remains a lot of work to do. People have questions and concerns. I find it shocking that the minister would refuse to allow officials from Transport Canada to hear the concerns of the people of my community, so I will bring those concerns here right now.

They want to know what the timetable is for phasing-out the DOT-111 cars. They want to know why the cars that will replace them are not the double-hulled cars, which are the safest, and have gas sensors in them to determine if there is a buildup of gas.

They want to know what the emergency safety procedures are in their community. At this meeting, one woman very poignantly said that her house backs right onto the railway lines. She wanted to know what to do if there was an explosion or a derailment: hide in her house, or run?

We had the head of the fire department for the City of Toronto at this meeting. He advised her to stay in her house, but he said that it depends on what the tank cars are carrying. It could be that there is a gas, and if she goes outside, she could be asphyxiated. However, it could be something very explosive, so staying in her house might be the worst thing to do. He recommended they stay there until they know what it is.

Frankly, we have no idea what the emergency procedures are. I think, most importantly, people have no idea what is being carried in these tank cars.

People wanted to know what is in the cars. They would also like to know if there have been any explorations of alternative routes that do not go through some of the most densely populated neighbourhoods anywhere in this country, because it would make a great deal of sense not to expose this massive number of people to potential tragedy.

It is not that Lac-Mégantic was an isolated example. We had a derailment in the junction a few years ago. Fortunately, the cars were carrying grain, not raw bitumen. That was very fortunate. We also had a huge derailment in Mississauga many years ago that resulted in the evacuation of the entire city of Mississauga.

Disasters happen. We need not only to be prepared; community members also need to know what the risks are and if they are being prepared.

The railway industry has been privatized and deregulated by previous Liberal governments, and then they proceeded, along with the Conservatives, to privatize and deregulate rail safety and rail enforcement. We saw that pointed out in the Lac-Mégantic inquiries as one of the major problems with the railway sector. That was something that was criticized very severely in the inquiry.

What we are debating tonight is a private member's bill that aims to make some improvements to safety at level crossings. My question to the government is this: why a private member's bill? Why is the government bringing this measure in through the back door? Why did it not spend the $3 million on level crossing safety that was in the budget last year? Why is that still sitting on the books? Why has the budget for railway safety been decreased by $5 million?

I see my time is up, but I just want to say this is a critically important issue. It is something that certainly affects the residents of Parkdale—High Park, but it also affects all Canadians.

There are some positive features in this private member's bill, and of course we will support anything that improves railway safety and level crossing safety. However, for goodness' sake, the government cannot shirk its duties. It must take full responsibility for railway safety. We need a thorough assessment of the state of railway safety in this country. We need action. If the government refuses to act, then it should get out of the way and let New Democrats take responsibility for railway safety, which we will do as the next government.

Railway Safety ActPrivate Members' Business

November 5th, 2014 / 7:20 p.m.
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Essex Ontario

Conservative

Jeff Watson ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, it is a pleasure to rise in support of Bill C-627, in the name of the member for Winnipeg South Centre. I would like to commend her initiative. It is proof positive that individual members can take a local issue and have an outcome with national significance and that an individual member can make a difference in national matters. It is proof positive, once again, that individual members of Parliament in the House are engaged in relevant and meaningful matters.

We have just heard that the NDP does not support the bill, but it does support a study of the bill. I find that troubling. It is the same with our Liberal colleagues across the way, who waited until minute nine of 10 to mention the number of the bill.

Let me speak in support of Bill C-627 right off the bat. It is important for a number of reasons. First, it fits with what the government is doing. It is complementary to a number of initiatives it has taken. We heard some of those amendments to the Railway Safety Act in May, 2013, which expanded regulation-making authorities. A number of concrete actions have been taken with respect to the Transportation Safety Board's interim report and final report regarding Lac Mégantic.

There was decisive action on crude classification testing. We heard the Liberal member say that the government did the right thing.

There is railway company information-sharing with municipalities. That was a product of discussions with the FCM, which represents the municipalities, and the Canadian Association of Fire Chiefs, representing firefighters and first responders. Of course, there are our measures to take the least crash resistant DOT-111s out of service entirely.

There have been important actions and an emergency directive, as we heard last week, on having a minimum number of handbrakes to be applied; secondary redundant physical systems to ensure that trains are completely secured; additional staff to improve oversight at Transport Canada, including more specialized auditors to help the inspectors and auditors do their jobs well; in-house scientific capability regarding the properties of crude oil; and testing so that when we have the targeted regime in place, we can verify that what is placarded is, in fact, what is in the car. There are also important improvements related to training employees.

While the proposed amendments in Bill C-627 are focused on protecting people and property from railway accidents that may occur on railway tracks and at grade crossings, they are entirely complementary to the series of actions that were taken both before and after Lac Mégantic. They are helping us achieve our goal of improving the railway safety regime. As we heard from the member herself, they will help plug a gap in the regulatory environment, and that is important for our communities.

We have additional measures we are accelerating in terms of regulations as well. That is important for people to know. They include the work done for a railway safety panel review some years ago, SCOTIC's own review, and the Auditor General's reports more recently.

New railway safety administrative monetary penalties, which have just been added, have a coming into force date of spring 2015. That will help us expand the suite of compliance measures to enforce the compliance of railway companies with the regulatory environment.

We have regulations for the implementation of safety-based railway operating certificates for federally regulated railways. That work is well advanced as well. The certificates will be issued to railways once they meet certain safety conditions. They will significantly strengthen Transport Canada's oversight capacity by giving the department the authority to stop a company from operating altogether in the event of severe safety concerns.

We have grade crossing regulations as well that would improve safety by establishing comprehensive and enforceable safety standards for grade crossings, clarifying the roles and responsibilities, who does what in relation to what the railway companies or road authorities may do at crossings and the approach to crossings. This would assure the sharing of key safety information between railway companies and road authorities. We believe the overall result would be efficiently managed and safer grade crossings.

With respect to Bill C-627, I will provide an explanation for the official opposition critic who does not understand what the bill is about.

One amendment would provide the minister of transport with the new authority to order railways to take corrective measures in the event of a significant threat to persons, property or the environment. The remaining amendments would provide express language to emphasize that certain authorities already in place would also be exercised to protect the safety of persons or property.

The first key amendment proposes to provide the minister with express authority to disregard objections received for suggested railway work if the work is in the public interest. As it stands currently, the Railway Safety Act requires that a notice of proposed construction or alteration of a railway be given to persons whose safety or property may be affected, for example an adjacent landowner or municipality.

If adjacent landowners, for example, think the work would prejudice their safety, or the safety of their property, they can file an objection to the work. If the objection cannot be resolved and the work is to continue, then the minister of transport must approve the work. In his or her assessment, the minister takes into consideration any objection received and has the authority to disregard objections that are frivolous or vexatious, or in other words, not in the interest of safety.

Bill C-627 proposes to expressly allow the minister to also disregard objections when the proposed work is in the public interest as it relates to the safety and the protection of people, property and the environment.

The second major amendment proposes to provide express authority to allow a railway safety inspector to restrict a railway's operations should those operations pose a threat to the safety of persons or property. For example, the amendment would provide the inspector with clear authority to order a company to reduce the speed of trains over a certain grade crossing due to poor sight lines caused by brush or trees in order to mitigate the threat to those crossing that track, until such time as the company comes up with a permanent solution.

The third major amendment proposes to introduce a new ministerial order, which will provide the minister with the authority to require a company to take specific corrective measures if a significant threat is created by railway operations to persons, property or the environment. For example, the amendment would allow the minister to issue an order requiring a company to take corrective measures where crossing signals continued to malfunction on a railway line.

All the initiatives being implemented right now, and specifically the amendments being proposed in Bill C-627, will improve railway safety in Canada in the long term. The bill would provide increased safety for Canadians and Canadian communities; economic benefits to the industry by decreasing the likelihood of costly accidents and delays; a variety of benefits to external stakeholders, including provinces, municipalities, shippers and the travelling public; and last, but not least, it would provide support for a stronger economy, a modern infrastructure and a cleaner environment for all Canadians.

I encourage all members to support the bill on its merits and for what it would do. It is an important step forward.

I want to again commend the member for Winnipeg South Centre for her initiative. A local concern exposed that there was a gap in a regulatory environment. She worked to propose a solution that would address the concerns that we are talking about today, a solution that is not only effective but entirely relevant.

When passed and implemented, these measures will provide not only greater safety in her community, but also in communities from one end of the country to the other, including mine. I commend her for her work. I wholeheartedly support it. I look forward, when the time comes, to standing in this place to vote for it, not just to get it to committee but beyond committee and into law in our country.

Railway Safety ActPrivate Members' Business

November 5th, 2014 / 7 p.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I would like to thank my colleague opposite once more for her speech and for introducing Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property).

As the official opposition critic, I am very pleased to be a member of the Standing Committee on Transport, Infrastructure and Communities. We have had and continue to have the privilege of examining in detail everything to do with rail safety. In the wake of the Lac-Mégantic tragedy, this is clearly a very important file for Canadians, especially since they are asking to be better informed and they want to know what the government is doing to ensure their safety.

I will go back to the bill. As I mentioned, the bill amends the Railway Safety Act. As my colleague said, it authorizes the Minister of Transport and railway safety inspectors to order a railway company or the owner of a crossing—for example, a level crossing—to do certain work, not only when rail safety is threatened, but also when the safety of persons and property is threatened.

I want to say right now that we will support the bill at second reading. At its core, this bill is designed to improve rail safety. I listened to what the member said, but we still have some questions about how the bill will be enforced and what it will do, in particular. One of our questions has to do with why these changes were proposed. That is something I was going to ask the member before my colleague opposite interrupted me.

The member said that the amendments to subsections 31(1) to 31(3) would improve rail safety because it would include the safety of persons or property. However, as I was going to ask her, subsection 4(4) of the Railway Safety Act already provides that in determining whether something constitutes a “threat to safe railway operations”, consideration must be given “not only to the safety of persons and property transported by railways but also to the safety of other persons and other property”.

We will surely have the opportunity to study these issues in committee, but it does not seem as though the bill would change much in the act itself.

I listened closely to the bill sponsor's speech. From what I heard, she spoke more about what the government has or has not done than about the bill. It is relatively straightforward in comparison to the government's omnibus bills. It is about five pages long.

Once again, if the bill is referred to committee after second reading, we should be proposing some changes and asking some questions. It seems as though she chose to use certain terms instead of others, which could have an impact on environmental protection. It does not make much sense.

Getting back to public safety and level crossings, it is true that people's safety is important. During the Lac-Mégantic tragedy, I was the deputy critic of the NDP, the official opposition. After the tragedy, I travelled across Quebec as part of a railway safety consultation to hear what people had to say. We also wanted to hear what mayors and elected municipal officials had to say on the subject. This is a very important issue when we consider all of the communities, even downtown areas, through which trains travel. We need to ask questions, especially when it comes to level crossings.

When I asked the member that question, I briefly mentioned that the government said it was making progress on rail safety and that this is very important, especially in the wake of the Lac-Mégantic tragedy. However, the fact is that the rail safety budget was cut by $5 million between 2012 and last year. Every year, the rail safety budget shrinks. The most ironic thing is that, in this case, we are talking about level crossings.

The government has a plan for level crossings, but the money allocated to that plan is not being spent. There was $3 million left over that was supposed to have been spent on improving level crossings.

We asked the government about that in the House, and it gave us a number of reasons. When I toured around talking to people about rail safety, elected officials told us that the program existed, but that it was hard to get funding from it. I wonder if the government makes these funding announcements with the full intention of making it very hard for anyone to actually get the money.

When I went to Verchères on Montreal's south shore and to Montreal, I attended a meeting where I talked with various municipal elected officials. My colleague from Laurier—Sainte-Marie was there too. They told us that the program exists, but that they had a hard time getting information and funding.

One of the problems that keeps coming up again and again inside and outside the House is the government's way of doing things, even though it says that rail safety is very important. I must admit, the government has taken action since the Lac-Mégantic tragedy, but could it have taken action sooner? Yes, it could. Can it do more? Yes, it can.

The budget does not seem to contain any measures to ensure that Transport Canada and rail safety organizations have the tools, training and resources needed to ensure public safety. Unfortunately, the budget has been reduced. It is completely incomprehensible and goes against all common sense.

This bill gives the minister the power to intervene should any problems related to level crossings arise. However, the Auditor General and the Transportation Safety Board have made it very clear that the department does not have enough resources.

When I asked the parliamentary secretary how many railway safety inspectors there are, he could not answer. We still cannot get those figures. Regulations are being put in place, as is the case here, but no one knows how or if they will be enforced.

Why use a private member's bill to amend something as important as the Railway Safety Act, which has to be reviewed periodically anyway? Why not conduct a full review of the act itself in committee?

We are making a change here. I noticed some irregularities and some confusing passages in this bill. That is why we want to study it in committee. Often, the problem is that we are unaware of the unintended consequences.

Why use a private member's bill? Why is the government doing nothing to ensure that railway safety legislation is solid and much safer?

The government has a tendency to allow companies to self-regulate. That is its approach, which the Liberals support. We often hear the question, “Why is the company not doing anything?” The government allows these companies to do what they want. Sometimes, both the Liberals and the Conservatives wonder why the company did not act on its own initiative.

In 2010, the Transportation Safety Board made recommendations specifically on crossings. Those recommendations have still not been implemented, despite what the hon. member said. I will quote an excerpt:

Transport Canada must implement new grade crossing regulations, develop enhanced standards or guidelines for certain types of crossing signs, and continue its leadership role in crossing safety assessments.

Regulations should be implemented, but that still has not happened and we do not know why.

Why is the government taking so long to implement the recommendations made by the Transportation Safety Board?

Railway Safety ActPrivate Members' Business

November 5th, 2014 / 7 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, I want to thank my very hon. colleague for the question.

I must first assure my colleague that my bill entitled An Act to amend the Railway Safety Act (safety of persons and property) is a bill that I am very proud of.

As far as our government's actions are concerned, this year alone it invested $9.2 million in improving more than 600 level crossings, to mark the occasion of rail safety week. My bill has to do with all the other level crossings.

Railway Safety ActPrivate Members' Business

November 5th, 2014 / 6:55 p.m.
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Conservative

Jeff Watson Conservative Essex, ON

Mr. Speaker, I would certainly hope that since we are debating a private member's bill, Bill C-627, the question would be relevant to the particular bill in question and what it proposes to do. I appreciate that the member has questions for the government, but those are to be asked in a different venue.

Railway Safety ActPrivate Members' Business

November 5th, 2014 / 6:40 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

moved that Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property), be read the second time and referred to a committee.

Mr. Speaker, I am absolutely honoured to open the debate on my private member's bill, Bill C-627, an act to amend the Railway Safety Act, regarding safety of persons and property.

The bill proposes amendments to the Railway Safety Act that would help ensure the safety and security of all Canadians.

I have heard loud and clear from my constituents that rail safety is an issue that matters to them. As the servant of Winnipeg South Centre, I chose to use my private member's bill to achieve greater rail safety in the constituency with the happy consequence that all Canadians across this great country would be safer and more secure because of my bill.

This is why I ask all of my colleagues in the House to support my bill. When I say “all of my colleagues”, I mean my colleagues from every party and my colleagues representing every Canadian. It is all of these colleagues from whom I seek support.

The amendments I propose to the Railway Safety Act would give additional powers to the Minister of Transport to intervene, when required, to help better ensure the safety of Canadian citizens, their property and our communities. My proposed legislation seeks to empower railway safety inspectors so that they may quickly intervene to restrict the use of unsafe works and equipment, and to forbid or restrict unsafe crossings and road crossings.

This is a very important issue to me, because in my riding I have been receiving a number of calls from my constituents about the condition of some rail crossings. This led me to take action. I have heard loud and clear from my constituents that rail safety is a vital issue to Winnipeg South Centre and to Canadians everywhere.

I want our crossings to be safe for a child riding a bike, to be safe for a senior on a motorized wheelchair and to be safe for a family out for a stroll or bike ride together. I want our crossings to be safe for vehicles and not, as has recently been the case, have wood planks fly up and hit vehicles as they drive over a crossing area even at very limited speeds.

Rail crossings criss-cross my riding, and the safety of them can be enhanced. This bill is a bill about prevention. The essence of the bill is to solve problems before they occur.

When I was first considering this issue, I approached officials at Transport Canada to find out if such provisions already existed. To my surprise, they did not. When I then approached the minister to seek her support for my bill, she indicated that she always welcomed such measures to improve rail safety in our communities.

My proposed regulation would improve safety at federally regulated grade crossings, including approximately 14,000 public and 9,000 private grade crossings along 42,650 kilometres of federally regulated tracks in Canada.

I think it is important to give a little background on what has already been done to achieve rail safety in Canada by my government.

On October 29, the Minister of Transport announced Transport Canada's response to the final Transportation Safety Board recommendations on rail safety and the transportation of dangerous goods.

Transport Canada has taken and continues to take meaningful and timely action to improve railway safety and the safe transportation of dangerous goods by rail. Transport Canada is committed to ensuring that the Canadian railway system is safe. Transport Canada continues to work with stakeholders very closely to protect the safety of all Canadians.

Our thoughts and prayers will always remain with those people of Lac-Mégantic who were so affected by last year's tragic accident. Immediately following the derailment, the Government of Canada took very decisive action to enhance the safety and integrity of Canada's rail system. We will continue to implement each and every recommendation made by the TSB in its report on this incident.

Transport Canada has accepted and is committed to implementing all the recommendations made by the Transportation Safety Board in its final report. In fact, effective immediately, Transport Canada is requiring railway companies to meet standardized requirements for handbrake application and to put into effect physical defences to secure trains.

It is increasing oversight by recruiting additional staff to carry out more frequent oversight through audits and creating processes for increased information sharing with municipalities. It is conducting further research on crude oil properties, behaviour and hazards, and is launching targeted inspection campaigns to verify the classification of rail shipments. Finally, it is requiring certain railways, including short lines, to submit training plans to Transport Canada for review, and is conducting an audit blitz of short lines to determine specific training gaps.

These measures would further strengthen Canada's railway system and the transportation of dangerous goods by rail.

The department would continue to work with the Transportation Safety Board to do all it can to maintain and enhance the safety of Canada's railways and the railway system. By announcing these measures, Transport Canada is being proactive in developing concrete solutions in a timely manner to further strengthen Canada's railway system and safety.

My proposed amendments to the Railway Safety Act seek to give additional powers to the Minister of Transport and railway safety inspectors so that they may intervene when required in order to better ensure the safety of citizens, property and communities.

Additionally, this proposed legislation seeks to empower railway inspectors so that they may quickly intervene to restrict the use of unsafe works and equipment, and to forbid or restrict the use of unsafe crossing works and road crossings.

Our government takes the safety of Canadians and the Canadian railway system very seriously and is committed to ensuring that appropriate levels of safety are maintained. We have invested $60 million to support response and recovery efforts, and committed $95 million for decontamination and remediation efforts.

Furthermore, our government took very decisive action to address the Transportation Safety Board's recommendations, and this past April, directed Transport Canada to remove the least crash-resistant DOT-111 tank cars from service, require the DOT-111 tank cars that do not meet certain safety standards to be phased out within three years, and require emergency response assistance plans for even a single tank car, which is carrying crude oil, gasoline, diesel, aviation fuel or ethanol.

We created a task force that brings municipalities, first responders, railways and shippers together to strengthen emergency response capacity across the country, and we require railway companies to reduce the speed of trains carrying dangerous goods and implement other key operating practices.

We have issued a protective direction directing rail companies to share information with municipalities. We recognize the responsibilities of all parties involved in maintaining safe railway transportation in Canada, and our government remains committed to two-way dialogue and information exchange with key transportation stakeholders in communities across Canada.

The health and safety of Canadians is a priority for our government. We announced a directive that would ensure that all crude oil being transported is properly tested and classified and that results are sent to Transport Canada. This provides Transport Canada with an additional means to monitor industry compliance and focus our efforts for the greatest safety benefits for all Canadians.

Our government has completed more than 30,000 rail safety inspections in one year alone, invested more than $100 million in our rail safety system, continued to hire more inspectors, increased the fines for companies found to be breaking our regulations, and created whistle-blower protection for employees who raise safety concerns, as well as requiring each railway to have an executive who is legally responsible for safety.

Earlier this year, as part of rail safety week, our government marked the occasion by investing $9.2 million in improvements to over 600 grade crossings across our country. Our government has also proposed new regulations that would improve safety at rail crossings by establishing comprehensive and enforceable safety standards for the grade crossings, clarifying the roles and responsibilities of railway companies and road authorities, and also ensuring safety information is shared between the railway companies and road authorities.

Members might think that with all of those actions taken by this government, a seemingly exhaustive list, we would be done. However, I want to do more to build upon that momentum. They are all positive systemic actions and directives taken to ensure railway operational safety. My bill is really a bill focused on the security and safety of people. I believe it is very complementary to actions already taken by our government to enhance rail safety.

In the course of preparing my bill, I reached out and spoke to many individuals and organizations. They include a great number of constituents in my riding of Winnipeg South Centre who voiced their concerns with safety at rail crossings in our community. I was very proud to bring together the private sector, law enforcement, various levels of government and unions to enhance the safety of all Canadians. It is apparent to me from the conversations I have had that all stakeholders in this industry want to have exceptional safety records.

My private member's bill is designed to assist in expediting the quick resolution of safety issues encountered at crossings, all in order to ensure the safety of the public. This is always our number-one priority, and it is my number-one priority.

I am very proud to be part of this government and contribute to the service of this nation. I am equally proud of the work that has already been done by my government on rail safety, and I am happy to present this private member's bill to further enhance the safety of people, particularly at rail crossings in our communities. I am asking my colleagues on all sides of the House for their support of my private member's bill, Bill C-627, an act to amend the Railway Safety Act, regarding safety of persons and property.

October 7th, 2014 / 1:25 p.m.
See context

Conservative

The Chair Conservative Dave MacKenzie

Okay. Thank you.

Next is Bill C-627.

Railway Safety ActRoutine Proceedings

September 23rd, 2014 / 10 a.m.
See context

Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

moved for leave to introduce Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property).

Mr. Speaker, today it is my pleasure to table a bill that would improve rail safety, not only in my constituency of Winnipeg South Centre but in communities all across Canada.

The bill would help protect children, cyclists of all ages, and motorists from treacherous conditions at rail crossings that are in disrepair. The bill would also protect seniors and the disabled from the many risks associated with ill-maintained rail crossings. In fact, one of my constituents, a senior citizen in a motorized wheelchair, became stuck at a poorly maintained crossing. Fortunately, a good Samaritan came to her aid, averting a potentially disastrous situation.

Because of this, I have decided to take action to ensure that a similar circumstance does not take place again. My proposed amendments to the Railway Safety Act give additional powers to the Minister of Transport and railway safety inspectors so they may intervene when required to better ensure the safety of Canadian citizens.

I invite all of my colleagues in the House of Commons to join me in making my bill a reality.

(Motions deemed adopted, bill read the first time and printed)