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.

Safe and Accountable Rail ActGovernment Orders

May 27th, 2015 / 4:05 p.m.
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Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, I will be sharing my time with the member for Mississauga East—Cooksville.

I am pleased to have the opportunity to speak in support of Bill C-52, an act to amend the Canada Transportation Act and the Railway Safety Act. Many members of the House have already expressed their sound support for the safe and accountable railway act. Members opposite who have just spoken have said they are in support of the bill, so I will not repeat many of the areas that they have addressed.

Principally, the bill deals with base insurance amounts and a pooled fund to deal with disasters and ensures a structure to deal with that.

I will turn my attention today to another point of significant importance to all Canadians. That is safe grade crossings.

The safety of grade crossings is a cause championed by the member for Winnipeg South Centre, who herself proposed amendments to the Railway Safety Act through her bill, Bill C-627. She appeared before the committee to emphasize the importance of protecting people and property from unsafe railway operations. Bill C-627 and Bill C-52 have become a coordinated effort to ensure that the Minister of Transport and her officials have the mandate and powers to stop the threat to the safety of persons or property from all rail operations. It is a fairly significant addition and piece of legislative work that both the member and this particular bill address. As recognized in both these pieces of legislation, the minister must have the legislative authority to develop, administer, and enforce safety regulations of federally regulated railways.

However, our government's work goes beyond just the legislation before the House. The week of April 27 was Rail Safety Week, and we saw two important announcements that bracketed the range of rail safety challenges from local to international.

At the beginning of the week, the minister announced $9.7 million in new funding to improve safety at more than 600 grade crossings. At the end of the week, the minister and her United States counterpart announced new tank car standards in a joint United States-Canada plan to phase out rail cars that do not meet the new standards. Of course, they will be phased in, because it takes time to replace these cars. These two announcements target both local concerns—the specific places where people and trains intersect daily—and the overall safety of rail operations in Canada and the United States.

It is easy to see why Canadians are concerned about grade crossings. Canadian cities and towns grew up alongside rail lines and continued to spread around them. As subdivision plans are made and the cities continue to grow, obviously those subdivisions and those buildings will be near rail lines. As a result, we have some 37,000 public, private, and pedestrian railway crossings. Although the number of crossing accidents has fallen dramatically since 1980, the Transportation Safety Board of Canada says the risk of trains and vehicles colliding at crossings is still too high. Crossing accidents account for nearly 20% of all rail accidents in Canada, with 30% of these accidents resulting in death or serious injury.

In response to the Transportation Safety Board's call for government action on grade crossings, new grade crossing regulations came into force on November 27, 2014. These regulations and the accompanying standards are intended to help prevent accidents and improve the safety of federally regulated grade crossings.

Sometimes some small things can be done to ensure that safety is first and foremost. These include approximately 14,000 public and 9,000 private grade crossings along with more than 42,000 kilometres of federally regulated railway tracks in Canada.

The regulations that came into force on November 27, 2014, will improve safety by establishing comprehensive and enforceable safety standards for grade crossings. They clarify the roles and responsibilities of railway companies and road authorities and ensure the sharing of key safety information between rail companies and road authorities.

This last element is important. Railway companies share responsibility for grade crossing safety with road authorities, which include provinces, municipalities, band councils, and private crossing owners. All of these parties are responsible for managing railway crossing safety in Canada, so effective collaboration is crucial.

The new regulations have a phased-in approach, and railway companies and road authorities must meet all requirements over the next seven years. This phased-in approach requires immediate safety improvements at grade crossings across Canada, while allowing sufficient time to comply with all the requirements and the regulations.

The new funding for grade crossings announced on April 27, 2015, will be available through Transport Canada's grade crossing improvement program. Under this program, eligible railway crossings will be upgraded based on factors such as traffic volume and accident history. The improvements may include flashing lights and bells, gate barriers, linking crossing signals to traffic signals, upgrading to brighter LED lights, or adding new circuits or timing devices.

Transport Canada also encourages the closing of certain grade crossings under federal jurisdiction. The grade crossing closure program provides grants to crossing owners in exchange for closing a crossing. In 2014-15 Transport Canada approved $165,000 in funding to close nine crossings in the interests of public safety.

Other initiatives to improve safety at railway crossings include Operation Lifesaver. This national public education program aims to reduce loss of life, injuries, and damages caused by grade crossing collisions and pedestrian incidents. Transport Canada provides Operation Lifesaver with $300,000 per year for its outreach and education programs.

Improving safety at grade crossings is an important contribution to rail safety. Another is making all rail operations safer, especially in densely populated areas, as was already mentioned. That is why the minister issued an emergency directive this spring that set the speed limit for trains in densely populated urban areas at 64 kilometres per hour. Slower train speeds were among the Transportation Safety Board of Canada's recommendations. The directive also increases inspections and risk assessments along key routes used for the transportation of dangerous goods, include crude oil and ethanol.

The joint United States-Canada announcement on tank car standards in April was the latest step in our government's coordinated effort to improve rail safety following the Lac-Mégantic disaster. These efforts began soon after the accident and the first advisories from the Transportation Safety Board of Canada.

In July 2013, Transport Canada ordered rail companies to have crews of at least two persons on trains carrying dangerous goods and imposed stricter requirements for securing unattended trains. This was followed in 2014 by a series of measures, including banning the least crash-resistant DOT-111 tank cars from carrying dangerous goods and requiring companies to phase out cars not meeting new safety standards by May 1, 2017; the coming into force of a series of new regulations, such as the Railway Safety Management System Regulations, 2015; Railway Safety Administrative Monetary Penalties Regulations, Railway Operating Certificate Regulations, and amendments to the Transportation Information Regulations to improve data collection; requiring railways to secure unattended trains with a minimum number of handbrakes and other physical defences to prevent runaways; and tightening railway labelling of hazardous materials.

With the focus on rail safety and the dangers associated with railway operations, we must not lose sight of the important role rail transportation plays and has played in Canada's economy, supporting our exports and bringing goods to Canadians. However, the shadow of Lac-Mégantic looms over anyone living near rail lines, and the daily risk of collisions at grade crossings requires that we do more to ensure rail safety.

Our government takes these potential threats very seriously and is moving to ensure that does not happen again.

I hope that all of my colleagues will join me in recognizing Bill C-52 as a key contribution to improving rail safety and will vote in favour of the bill.

Railway Safety ActPrivate Members' Business

May 7th, 2015 / 5:40 p.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I thank my colleague for introducing Bill C-627, which I will be talking about. This bill is a step in the right direction, but it underscores the gaps in existing regulations.

The NDP has long criticized the fact that companies are allowed to self-regulate and self-inspect. The objective is to provide powers to the minister and inspectors so they can intervene if there is a problem.

However, there are not enough inspectors. We have been looking at this issue for a long time in committee, and the problem has not necessarily been solved. Yes, we can grant more powers, but if there is nobody on the ground to ensure that rails and crossings are safe, that does not solve the problem. The Conservatives have cut the budget for rail inspection by 20% since 2010. The government is not investing in inspections.

I support the bill since it is a step in the right direction, even though it is a private member's bill and it conflicts somewhat with Bill C-52, which I talked about earlier. The fact that members have to fix government rail safety regulations shows that there are problems.

What is funny is that in committee, we examined Bill C-627, a private member's bill, before we examined Bill C-52, but we debated Bill C-52 first. Bill C-52 really should have contained mechanisms that referenced Bill C-627. It is a bit complicated and it shows that the government did not do its homework with regard to rail regulations. The government is rushing to fix things after the Lac-Mégantic tragedy, and it is improvising quite a bit.

In short, I will support the bill because it is a step in the right direction. However, the government could do more in terms of rail safety.

Railway Safety ActPrivate Members' Business

May 7th, 2015 / 5:30 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

moved that the bill be read the third time and passed.

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

I am very pleased to have an opportunity to speak today to my bill, Bill C-627, and of course to answer any questions my colleagues may have.

As everyone knows, our government's priorities include transportation safety in general and rail transportation in particular.

My bill proposes amendments to the Railway Safety Act that would help ensure the safety and security of all Canadians. I am very grateful to all the members who have spoken to my private member's bill in the House and to all the members of the transport committee who have not only asked me all kinds of questions but have also gone through this bill clause by clause, line by line, word by word, and have sent it back to the House for this third and final reading.

I have heard loud and clear from my constituents that rail safety is an issue that matters to them, and as a servant of Winnipeg South Centre, I chose to use my private member's bill to achieve greater rail safety in my constituency. Although my focus was on my constituency, the happy consequence is that it would impact the entire country, and rail crossings would be safer and more secure because of this bill.

This is exactly the reason I am asking all of my colleagues in this House of Commons to support my bill. I see my colleagues from every party, representing every Canadian, and from each and every one, I seek their support.

The amendments I propose to the Railway Safety Act would give additional powers to the Minister of Transport to intervene, when required, to 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 constituents about the condition of some rail crossings. This led me to take action.

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 a bike ride together. I want our crossings to be safe for vehicles and not have, as has recently been the case, wood planks flying up and hitting vehicles as they drive by, even at low speeds.

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

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

I am very proud to be part of this government and to 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 in our communities.

I am asking my colleagues on all sides of this House for their support of my private member's bill, Bill C-627, an act to amend the Railway Safety Act for the safety of persons and property.

The House proceeded to the consideration of Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property), as reported with amendment from the committee.

April 28th, 2015 / 3:35 p.m.
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Jenelle Saskiw Mayor of Marwayne, Alberta, Federation of Canadian Municipalities

Thank you very much. Good afternoon and thank you, Mr. Chair, for your introduction and thank you to the committee members for extending an invitation to the Federation of Canadian Municipalities to participate in your study of Bill C-52, the safe and accountable rail act.

The FCM last appeared before your committee in March 2015 as part of your study on Bill C-627, an act to amend the Railway Safety Act and we are pleased to be here again today.

I am the mayor of Marwayne, Alberta; the chair of FCM's standing committee on municipal transportation and infrastructure; and the co-chair of the joint proximity initiative between FCM and the Rail Association of Canada. I'm happy to be here today to represent FCM as co-chair of the National Municipal Rail Safety Working Group. The working group was established after the tragic derailment that devastated the community of Lac-Mégantic in 2013. Our work is guided by three priority areas: to equip and support municipal first responders to rail emergencies, to ensure that federal and industry policies and regulations address the rail safety concerns of municipalities, and to prevent the downloading of rail safety emergency costs to local taxpayers.

I'm joined today by Daniel Rubinstein, manager of policy and research at FCM and our policy lead on rail safety and the transportation of dangerous goods.

The Federation of Canadian Municipalities is the national voice of our municipal governments. Our member municipalities come from every corner of Canada and collectively represent over 90% of Canada's population. Members include Canada's largest cities, all urban and rural communities, and 20 provincial and territorial municipal associations. In leading the municipal movement, FCM works to align federal and local priorities, recognizing that strong hometowns make for a strong Canada.

FCM is an active participant in a number of initiatives related to rail safety and the transportation of dangerous goods. We are members of the TDG general policy advisory council, the advisory council on railway safety, and Transport Canada's emergency response task force. We also actively engage Minister Raitt and Transport Canada's senior leadership on these critical issues.

Before speaking on Bill C-52, I want to reiterate for committee members that FCM and the National Municipal Rail Safety Working Group are guided by the essential work undertaken by the Transportation Safety Board of Canada. The TSB serves a critical function in making safety recommendations to the federal government. At FCM we believe that the standard for progress is full implementation of TSB safety recommendations. My colleagues and I from FCM are pleased that the government has substantively responded to the TSB's reports and recommendations following the tragedy in Lac-Mégantic. We expect the same type of response once the TSB has completed its investigation into the recent derailments in northern Ontario and has made additional recommendations to government.

In terms of the focus of today's meeting, let me say a few words about Bill C-52. The key elements of the legislation respond directly to concerns raised by FCM related to insurance and liability, information sharing, and Transport Canada's oversight of federal railways. The bill is an important step forward in improving the safe transportation of dangerous goods by rail. The changes to insurance requirements for railways and a new levy for crude oil shippers, in particular, will address an important concern of municipalities and ensure that those affected by rail emergencies at the local level are fully compensated. While we understand the decision to focus on the risks posed by crude oil shipments, we hope that Transport Canada will look closely at the possibility of expanding the new levy to shippers of other dangerous goods once Bill C-52 has come into effect. It is a positive sign that the legislation includes the ability to scope in other products in the future.

Bill C-52 also represents an important step forward in providing both the minister and the railways inspectors with new powers that will allow for specific corrective actions to be ordered in the event of unsafe railways operations. This includes new power for the minister to issue an order to address any threat to safe railway operations, as opposed to only an immediate threat under the existing railway act. FCM is pleased to see these measures included in Bill C-52, as they should provide the regulator with additional tools to improve rail safety.

Bill C-52 also includes provisions for Transport Canada to develop expanded regulations on information sharing between the railways and third parties, including municipalities. Municipalities need to know about potential risks associated with rail corridors in their communities to reduce the safety risks related to the transportation of dangerous goods by rail and to ensure that local services can plan and respond effectively to emergencies. We look forward to a detailed discussion with Transport Canada on the development of these regulations.

Now, I will shift from the provisions in Bill C-52 to land use planning near rail corridors. As discussed at our last appearance on Bill C-627, FCM and the Railway Association of Canada are committed to building common approaches to the prevention and resolution of issues that may arise when people live and work in close proximity to rail operations. In May 2013, we unveiled new proximity guidelines and a new website intended to promote best practices and awareness about the issues associated with developments near railway operations. Several of Canada's largest cities are now in the process of studying how best to implement these guidelines locally.

Given the considerable interest in proximity issues at our last committee appearance, I want to reiterate that a one-size-fits-all approach on proximity issues is not suitable for a country as geographically and jurisdictionally diverse as Canada. Thus it is critical for the federal government to continue to work closely with provincial and local governments on any new policy initiatives related to land use in proximity to railway operations.

These are a few of the policy areas where proactive and ongoing discussions between FCM and our member municipalities, the federal government, and industry have resulted in concrete reforms that will improve the safety of Canada's railways.

That said, unfortunately our work is not yet done. As derailments continue to occur, again we look to the TSB to provide Canadians with analysis of the causes of recent derailments and recommendations to further improve rail safety in Canada. We look to the government, the rail industry, and the Parliament, through this committee, to ensure that any recommendations are implemented in full.

In closing, FCM welcomes a new insurance and third-party liability regime for railways and dangerous goods shippers, as well as new measures to expand and clarify the oversight and enforcement powers of the minister, the CTA, and railway safety inspectors, including the amendments to the Railway Safety Act and Canada Transportation Act in Bill C-52. We hope that Transport Canada and the Canadian Transportation Agency will ensure that these powers are fully implemented as soon as possible.

Again, thank you very much to the committee for giving FCM the opportunity to present our municipal perspective on Bill C-52. Daniel and I will be happy to answer any questions in regard to the bill, as well as any other issues related to rail safety and the transportation of dangerous goods by rail through our municipalities.

Thank you.

Railway Safety WeekStatements By Members

April 28th, 2015 / 2 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, this week is Railway Safety Week. Every year in Canada, approximately 300 collisions occur at railway crossings. Virtually all of these could be avoided. The goal of Railway Safety Week is to give awareness to Canadians in order to prevent collisions between trains and motor vehicles.

Rail safety is of the utmost importance to me. Ensuring that our families and our communities remain safe is something for which I passionately advocate. In fact, my private member's bill, Bill C-627, an act to amend the Railway Safety Act (safety of persons and property), which has recently passed the committee stage, seeks to give additional powers to the Minister of Transport and railway safety inspectors so they may intervene when required in order to better ensure the safety of citizens, property and communities.

I am confident the bill will make a positive change, and I encourage all Canadians to become involved and promote rail safety. One injury or fatality is one too many.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

April 1st, 2015 / 3:15 p.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Transport, Infrastructure and Communities in relation to Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property).

Safe and Accountable Rail ActGovernment Orders

March 31st, 2015 / 4:30 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, I am very pleased to speak today to the Safe and Accountable Rail Act, or the Act to amend the Canada Transportation Act and the Railway Safety Act.

I would like to draw the attention of the House to the changes we are proposing to provide greater oversight of federally regulated railway companies.

We are indeed proposing to further strengthen oversight of federally regulated rail companies. The safe and accountable rail act is progressive and forward-looking. The amendments to the Railway Safety Act would mean better safety for Canadians and Canadian communities, strengthened safety management systems, enhanced sharing of information and a safer rail industry in a stronger national economy.

All of these are priorities of the government, and I believe should be priorities of each and every member of this House of Commons. There is nothing more important than the safety and prosperity of Canadians. That is why my private member's bill is the complementary Bill C-627, which was inspired by my constituents of Winnipeg South Centre.

The Railway Safety Act provides the Minister of Transport with the authority to oversee the safety of federally regulated railways. Transport Canada's role is to monitor for threats to safe railway operations, as well as compliance to the Railway Safety Act and its rules, regulations and engineering standards through audits and inspections.

The amendments to the Railway Safety Act would further strengthen oversight and address issues raised by the Lac-Mégantic derailment, and the Transportation Safety Board's recommendations, as well as the recommendations in the Auditor General of Canada's fall 2013 report.

By proposing these amendments, the federal government is reiterating its commitment to a safe and secure national railway system, and to the safety of communities right across this country. The government is focusing on four key areas that will have the most direct and positive impact: meeting the needs of communities; ensuring the people or companies responsible are accountable; strengthening safety management systems; and increasing authorities for our railway safety inspectors.

Collaboration between railways and communities is crucial to ensure the safety of Canadian citizens across our vast country. The Government of Canada is committed to enhancing confidence in railway safety, greater sharing of information and co-operation between railway companies and communities.

This is precisely why we are proposing new regulation-making powers, requiring companies to share information with municipalities. This would help address community railway safety concerns, and I know these changes, along with my private member's Bill C-627, would be extremely well received in my home riding of Winnipeg South Centre.

Too often it is the provinces and municipalities, also known as the taxpayers, that are left to pick up the pieces and pay the bills after a railway incident, especially one that requires the assistance of first responders for issues such as fire.

The Safe and Accountable Rail Act also proposes changes to allow a province or municipality that incurs costs in responding to a fire that would appear to be the result of a railway company’s railway operations to apply to the Canada Transportation Agency to have those costs reimbursed. These changes would give the Canada Transportation Agency the power to determine whether the fire was indeed the result of the railway operations of the railway company in question, and, if so, the Agency would have the authority to order the railway company to reimburse the province or municipality, thereby avoiding downloading the costs on to municipal taxpayers.

Under the auspices of the Railway Safety Act, Transport Canada is responsible for oversight, which includes monitoring for threats to rail safety operations, as well as compliance with the Railway Safety Act and its rules, regulations and engineering standards through audits and inspections. The proposed amendments in this bill include broadening authorities to allow inspectors to issue notices in the event of a threat to safety to any person or entity that has responsibility in relation to that threat, including companies, road authorities and municipalities.

Furthermore, in the event of an immediate threat, an inspector may issue a notice and order to any person or entity, again including companies but now also including road authorities and municipalities, and order them to take specific corrective actions to remove the immediate threat. These broadened authorities complement a broader new authority for the Minister of Transport.

Currently, the Railway Safety Act allows the minister to order only railways to take corrective action in cases of immediate threats to safety. The amendments propose adding an additional power to allow the minister to order a railway company, road authority or municipality to take corrective action following specific procedures or to stop any activity in the interest of rail safety operations.

These amendments are about oversight and advancing railway safety oversight and enforcement, together with furthering safety management system implementation by clarifying and broadening the authority and responsibilities of the minister and railway safety inspectors.

What is more, this act would fully align and complement my own private member's bill, Bill C-627, an act to amend the Railway Safety Act, which aims to provide greater protection to persons and property from risks inherent to railway operations. I introduced that bill on September 23, 2014, and I understand it is in committee as we speak. Furthermore, both bills align with the objectives of the Railway Safety Act to further strengthen railway safety in Canada.

The safe and accountable rail act and Bill C-627 are both about safety, they are both about protecting people, they are both about protecting communities.

It is hard to argue with these changes. The railway is an integral part of Canada's current infrastructure and will continue to be in the future. The railway has to be sound, reliable and safe.

This government believes these amendments to the Railway Safety Act are essential. They would modernize the Railway Safety Act to reflect the requirements of a growing and increasingly complex rail industry. I believe the important safety amendments contained in the bill are ones that we can all agree on, both quickly and unanimously.

This bill is a step forward. It is a step forward for Canadians and a step forward for rail safety. With the agreement of each and every member of the House, we can take these steps together toward a safer, more reliable and economically viable freight and passenger railway system for all Canadians.

March 31st, 2015 / 3:35 p.m.
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Rachel Heft Legal Counsel, Department of Transport

As it stands, the coordinating amendments for Bill C-52 make sure that any changes that are made to section 31 of the Railway Safety Act through Bill C-627 are dovetailed with those in Bill C-52. Any changes made with respect to this amendment would have to be later coordinated with Bill C-52 as well, so it would create some complexity there.

March 31st, 2015 / 3:30 p.m.
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Conservative

Jeff Watson Conservative Essex, ON

I have just a quick question. Obviously, we know that Bill C-52, which is the government's bill, touches on or tries to dovetail with, I would say, Bill C-627.

Would the addition of these amendments create any kind of complexity in how to deal with Bill C-52 and how the two fit together, if we were to accept an amendment like this?

March 31st, 2015 / 3:30 p.m.
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NDP

The Vice-Chair NDP Hoang Mai

Good afternoon, colleagues. Today is the 51st meeting of our committee.

We will examine Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property).

Joining us are two witnesses from the Department of Transport: Brigitte Diogo and Rachel Heft. They are here to answer any questions members may have. There will be no presentations as such.

I suggest that we proceed with the clause-by-clause consideration, as proposed on the agenda.

We will start with clause 1, which can be debated.

(Clause 1 agreed to)

(On clause 2)

We move to the NDP-1 amendment to clause 2.

Ms. Morin, do you want to justify your amendment?

Safe and Accountable Rail ActGovernment Orders

March 30th, 2015 / noon
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Halton Ontario

Conservative

Lisa Raitt ConservativeMinister of Transport

moved that Bill C-52, an act to amend the Canada Transportation Act and the Railway Safety Act, be read the second time and referred to a committee.

Mr. Speaker, today I rise in my place to begin the second reading of Bill C-52, the safe and accountable rail act.

Since arriving at Transport Canada, I have made safety my absolute top priority.

As minister, I have borne witness to events that have led us to examine the safety regime and the manner in which railways and shippers are held accountable when things go wrong. Things can and do go wrong.

The most notable event without question was the explosion of railway cars in Lac-Mégantic, Quebec, on July 6, 2013, and the 47 people who died that day, a day that will be inscribed in the memory of all members of this House. It has galvanized our determination to find better ways to protect Canadians and our communities, and better ways to safely move the goods on which the Canadian economy depends.

We are committed to achieving that, and we have taken decisive measures to do so.

Very soon after the tragedy, we introduced measures to address safety issues. We established two-person minimum crews for locomotives pulling dangerous goods, and we slowed the speed of all of those trains. We adjusted the specifications of tank cars, and immediately took the least crash-resistant cars off the rails. We strengthened regulations and we increased inspections. We also took steps to address longer-term issues. We have been working with municipalities, first responders, railways and shippers to strengthen emergency response across this country.

In August, the Transportation Safety Board issued its final investigation report on the Lac-Mégantic tragedy, and again we responded. Last October, I introduced further measures, including an emergency directive on how trains are to be braked, the accurate classification of dangerous goods and steps to improve training of all rail employees.

We also introduced measures to make safety management systems more effective in ways that I will discuss in more detail, but I want to emphasize this: this government has implemented every single one of the recommendations of the Transportation Safety Board in response to Lac-Mégantic. We have learned the lessons inherent in past tragedies, and our commitment to safety is absolute.

The bill before us introduces further steps to strengthen the safety regime of Canada's railways and ensure the accountability of railways in the case of accidents. It moves on three different fronts. The first is prevention. Amendments would strengthen the regulatory regime to reduce the likelihood of rail accidents. The second is communication for effective response. The bill would allow for requirements related to information sharing between railways and municipalities to improve the response in case of emergencies. The third is accountability. The bill would take steps to ensure railways have enough insurance to pay for damages. It would also make crude oil shippers accountable for what they put on the rails by ensuring they pay into a supplementary fund that would be available when an accident involves crude.

The bill before us would amend two pieces of legislation: the Railway Safety Act and the Canada Transportation Act. Taken together, these amendments represent a significant step in improving the overall safety in Canada's railways, especially in the transportation of dangerous goods. These amendments respond to the recommendations of the Transportation Safety Board in response to Lac-Mégantic, and the 2013 fall report of the Auditor General. We welcomed all their input.

Let me begin with prevention and the features of the bill that would help prevent rail accidents. The Railway Safety Act sets out a regulatory framework to address the safety, the security and the environmental impact of rail. Under the act, federally regulated railways are responsible for the safety of their rail line infrastructure, of their railway equipment and of their operations.

Transport Canada monitors the railway's compliance with the act and with the department's rules, regulations and engineering standards.

Transport Canada also conducts audits and inspections to ensure that the overall safety of railway operations is maintained. Canadians can be assured that Transport Canada does not and will not hesitate to take appropriate action to address safety concerns. The bill before us today would provide new authorities to the safety inspectors and to the Minister of Transport to do just that.

Under this bill, a new provision would give the Minister of Transport the authority to order a railway to take a corrective action, to stop any action, to follow any procedure or to suspend operation. In other words, the minister would be able to intervene directly should there be a concern for safety.

A Transport Canada railway safety inspector would be given broader authority to issue notices and orders to any person or entity, including railway companies, road authorities and municipalities, relating to safe railway operations. By increasing the authorities for the minister and railway safety inspectors, we would increase Transport Canada's ability to administer the Railway Safety Act and the regulations, the rules and the engineering standards made under the act. These are all powerful tools and they would increase the regulation of oversight of railway companies that Transport Canada regulates and would ensure that railways operate according to the standards established in the act.

However, I would like to emphasize that some of the most important steps that railways make to improve safety and safety culture are not the results of the provisions of the Railway Safety Act but are contained within their own safety management systems or SMS. I want to be clear on this point. A safety management system is not deregulation and it is not self-regulation; it is an internationally recognized, science-based process that has been used in rail transportation since 2001. SMS do not replace rules or regulations or inspections. They provide a systemic approach to safety that incorporates specific regulations and proactive measures to identify hazards and to mitigate risks.

Transport Canada has created regulatory requirements around safety management systems and the bill before us would strengthen the department's oversight. Under the amendments, I believe that if a railway company were implementing its safety management system in a way that could compromise railway safety, I could take that company to corrective action by placing an order. With this additional oversight, railways would have further incentive to ensure that they manage the risks associated with operating a railway.

I would like to draw the attention of the House to the elements of this bill that would help quicken emergency response through closer communication and co-operation between railways and municipalities through which they pass. Under this bill, Transport Canada would have new authority to regulate the sharing of information, of documents and of records from one party to another other than the department, for example, from a railway company to a municipality.

Canada's history is one of towns and cities that sprang up along the rail lines in this country. We have to ensure that the people who live in these areas are safe. The collaboration between railways and communities on such matters would no longer be at the discretion of the railways. It would form part of a mandatory regulatory framework. The Federation of Canadian Municipalities has been an outspoken champion for better communication and more transparency between railways and municipalities on safety-related issues, and we thank its members for their input and advice.

In addition to prevention and effective communication for improved response, the third pillar of the bill involves accountability. By this, I mean the need to ensure those responsible for operating the railway system and those who put high-risk goods into the system would have the financial resources they need to compensate victims and to clean up communities if things go wrong. This is not just an issue that results from major tragedies such as what happened in Lac-Mégantic, although I will return to that in a moment.

More frequently, municipalities are called to respond to incidents of lesser impact, such as putting out fires that may have been caused as a result of a railway operation. Under the current regime, these costs are often borne by the provinces and municipalities and ultimately their taxpayers. However, under the bill before us, if a province or municipality believes that a fire was started as a result of railway operations, it can apply to the Canadian Transportation Agency for reimbursement. The amendment would give the agency authority to determine if indeed the fire was caused by railway operations, and would be able to determine the costs incurred in putting out the fire and require the railway to reimburse the province or municipality for those costs.

This amendment and the others I have spoken to today are changes to the Railway Safety Act that promote a safe and secure, efficient and environmentally responsible transportation system in Canada. The amendments would give Transport Canada more authority and oversight in rail operations, bring in a new era of communication between railways and municipalities in an effort to improve emergency preparedness, and help make the railways accountable for the costs incurred from fighting fires that result from their operations.

However, another important issue of accountability became all too apparent in the aftermath of the Lac-Mégantic tragedy. The cost of the disaster in terms of the lives lost was incalculable. They are beyond words. However, there were calculable loss costs as well, and the costs of putting out the fire and clearing the debris, cleaning up the effects on the environment, and, of course, the costs of rebuilding a community and compensating, truly shattered lives. No one wants to anticipate such a disaster, but any responsible company must prepare for such eventualities by carrying sufficient insurance to cover the costs.

Under the Canada Transportation Act, federally regulated railways must carry insurance, but the Lac-Mégantic tragedy has proven that the measures now in place are simply not sufficient. Therefore, the bill before us identifies specific levels of insurance that must be carried, depending upon the type and volume of dangerous goods that the railway transports. These insurance requirements would come into force 12 months after the bill's royal assent, giving the insurance market the necessary time to adjust, and railways enough time to obtain the necessary insurance, which is usually purchased on an annual policy.

Class 1 railways carry significant quantities of dangerous goods, and they will be required to hold $1 billion in insurance. The House will be reassured to know that both CN and CP customarily carry more insurance than that. At the other end of the spectrum, railways carrying little or no dangerous goods would be required to hold $25 million in insurance. For short-line railways carrying higher amounts of dangerous goods, there would be an initial requirement to hold either $50 million or $125 million in insurance. One year later, those levels would increase to $100 million and $250 million respectively. This phase-in period would allow short-line railways time to adjust to the new requirements. The agency would be able to make inquiries to determine whether railways are maintaining the correct amount of insurance, and must revoke or suspend the certificate of fitness of any railway that fails to comply.

The agency can also enforce insurance requirements through administrative monetary penalties of up to $100,000, and there is more. Unfortunately, there is always the possibility and potential for a tragedy to exceed the ability of a railway's third-party insurance to cover the damages, so crude oil shippers must also share in the responsibility that comes with the transport of their dangerous goods. For those reasons, the bill would also create a supplemental fund that would be financed by levies on crude oil shippers, in the amount of $1.65 for every tonne of crude that is shipped. If the damages caused by a catastrophic crude oil accident were more than a railway company's insurance could cover, the fund would be there to cover the cost, not the taxpayers.

This is consistent with the polluter pays principle and is similar to the approach taken in marine transportation; the costs associated with an incident are shared by industry.

Crude oil shippers are included in the amendments before us today, but Transport Canada is looking at the possibility of expanding the regime to cover industries that ship other dangerous goods. In this way, we promote a shared accountability between rail carriers and the shippers of dangerous goods to ensure that victims and taxpayers are fully protected from bearing the costs of rail accidents.

Our goal is to ensure that communities, citizens, and taxpayers are protected in the event of an incident. The polluter will pay to clean up and provide compensation. We support a competitive rail sector and the resource economy that brings jobs to Canadians, but when it comes to safety in the transportation system, communities and citizens will always come first.

The measures in this bill come in addition to the steps the government has already taken to improve the rail safety regime. I would point out that there is a private member's bill that has been tabled to amend the Railway Safety Act, and I would like to commend the work of our colleague, the hon. member for Winnipeg South Centre. Her private member's bill, Bill C-627, is also designed to provide greater protection to persons and property from railway operations.

The government supports this bill, and I wish to assure the House that we have coordinated the amendments in the bill before us to ensure that both bills will be harmonized when they reach royal assent. This is the customary way to give effect to two bills and will result in both bills having equal and consistent impact on the Railway Safety Act.

Railway operators and Transport Canada have taken many measures to improve rail safety, and this has reduced accident rates over the past several years. However, the amount of dangerous goods and other commodities moving by rail is increasing, and it will continue to grow. We need proper oversight to reduce accidents. We need better communication between railways and municipalities to provide more effective response, and we need a stronger liability and compensation regime in the event of an accident.

The bill addresses each of these areas. It introduces substantial changes to the regimes for both rail safety, and liability and compensation. In the last Speech from the Throne, this government committed to drawing upon the lessons of the tragedy at Lac-Mégantic to make shippers and rail companies accountable for rail safety.

With this bill, we are fulfilling that commitment.

Our system of transportation safety is strong, but it can be improved. By strengthening the safety, liability, and compensation regimes, we will improve public confidence in the rail industry. Above all, we will underscore that the safety and the security of Canadians remain the top priority of Transport Canada.

We have put in place many rail safety initiatives, through directives, orders, and regulations within the existing legislation framework.

This bill will enable us to take further measures.

I hope hon. members share my sense of urgency that we get this done, and that they join me in supporting this extremely important bill.

March 26th, 2015 / 4:50 p.m.
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Conservative

Jeff Watson Conservative Essex, ON

Now, from the government's perspective, obviously, and we've heard some of this today at the table, we have a private member who has seen an issue and has tried to address it with Bill C-627. Obviously, the government, from its own perspective, has brought forward a bill, Bill C-52, that takes a number of issues but has recognized what the private member has done and is looking for a way, I think, if it were to pass first, to dovetail that into the legislation.

We don't know which bill will pass, or both, or whatever. We're coming to the end of a parliament, so this committee is tasked with dealing with this specific bill and this specific language. Given that and Bill C-52 aside, do the stakeholders here support the measures of Bill C-627 moving forward? That's what this committee has to decide.

March 26th, 2015 / 4:40 p.m.
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NDP

The Vice-Chair NDP Hoang Mai

Is there a possibility under Bill C-627 that when, for instance, the minister decides to close a crossing, that move could affect the activities of railways? For instance, shutting down crossings, or not making—

March 26th, 2015 / 4:30 p.m.
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Lobbyist, Teamsters Canada

Phil Benson

That's a difficult question, sir.

I think any particular improvements we can make should be done. We take them as we find them. I think the most important part with Bill C-52 will actually be with the next parliament dealing with the review of the Railway Safety Act. At that point, I think we'll be coming forward with several suggestions. The first is to end the self-governing, self-regulation of the industry.

We really appreciate the minister planning or pushing forward with more inspectors, greater power for the minister and inspectors. I think they're a positive. We have a lot of work to do. We're not anywhere close to the end. I think eventually we might get there, but I think what's missing is that after 9/11, it took seven, eight, nine, ten years for me to work on that file, to start to get to the point where we're actually getting to the conclusion of it. Here, just a few years after the tragedy at Lac-Mégantic, I think we're looking at a six-, seven-, eight-, nine-year fix.

Some thought 1232 tankers might solve the problem. We didn't think they would. It turns out, they don't. We will find problems and issues. As we move forward, we'll work together and hopefully the committee, as it always has, will work very hard on this issue. I look forward to working with you.

March 26th, 2015 / 4:15 p.m.
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Lobbyist, Teamsters Canada

Phil Benson

Yes, I agree with your comments. In fact, notwithstanding our comments about not supporting private members' bills, as Mr. Ashley said, we support any improvement. We thought even Bill C-627 as written was an improvement.

But there's a question on crossings accidents. I think one thing that's a little misleading about crossings accidents and just putting a number and total to them, is that really the largest subsection of deaths are suicides. I don't know how we're going to prevent that. Second, I think Mr. Bourque would agree, is trespassers. There are people who are wilfully trespassing. It isn't a problem with the crossing grading.

Sometimes when we look at these issues, if we understand that there's a whole chunk of them that we are not going to solve ever—

March 26th, 2015 / 4:15 p.m.
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President and Chief Executive Officer, Railway Association of Canada

Michael Bourque

The reason that in my remarks today I went beyond Bill C-627 is precisely because I think there are a number of proactive steps that legislators can take with respect to crossing safety. There are a number of very important changes that need to be made if we're going to improve crossing safety in this country. The TSB has already pointed out that we have not reduced the amount of accidents at crossings over the last 10 years. We have essentially plateaued. If we're going to make those kinds of safety improvements, we have to look at closing crossings, at changing the governance on opening and closing, and so on.

March 26th, 2015 / 4:15 p.m.
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President and Chief Executive Officer, Railway Association of Canada

Michael Bourque

For our part, I don't disagree with what you've said. Our position is essentially that the act already provides that authority. If the government believes that this authority is not strong enough and they want to strengthen the language in the new act, which is going to supersede this private member's bill, then there's probably a good reason for it. We're not going to object. We do think that the way it's written in Bill C-627 causes a little bit of confusion because we already believe, as I mentioned, that under section 31 railway safety inspectors on behalf of the minister currently have the power to order a rail line to be closed or the use of equipment to be stopped if there is an imminent threat to safety. That's our interpretation of the bill.

March 26th, 2015 / 3:40 p.m.
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Michael Bourque President and Chief Executive Officer, Railway Association of Canada

Good afternoon, Mr. Chairman, and members of the committee. Thank you.

I want to begin by saying that safety is of the utmost importance to the railway industry. Our members are committed to safety and are constantly looking for ways to improve their performance whether it's through training, risk assessment, infrastructure investments, or technology.

Our industry aIso believes in working collaboratively with government, labour groups, municipalities, and other stakeholders on improving our safety performance. ln the last 20 months especially, we've seen new train securement and operating practices, new tank car standards, and many other measures introduced, all of which will contribute to improving safety.

Crossing safety, which member of Parliament, Joyce Bateman, identified as the motivation behind Bill C-627, is aIso a pressing issue for our industry. There are currently more than 31,000 federally regulated grade crossings in Canada, and crossing accidents account for nearly 20% of all rail incidents in Canada. Sadly, a third of those incidents result in death or serious injury.

Crossing safety is an important issue, but I'm not sure Bill C-627 is the best way to tackle it. In fact, I'm questioning why we're discussing it today. As a number of committee members pointed out earlier this week, Bill C-52 will repeal key sections of this bill.

Our primary concern with Bill C-627 is that it may be redundant and it could create confusion. Section 4 of the current Railway Safety Act already states that “regard shall be had not only to the safety of persons and property transported by railways but also to the safety of other persons and other property” in determining whether railway operations are safe, or whether something constitutes a threat to safety.

ln addition, under section 31 of the current Railway Safety Act, railway safety inspectors, on behalf of the Minister of Transport, already have the power to order a rail line or crossing to be closed, or the use of railway equipment to be stopped, if they deem it to be a threat to safety. However, it may well be that improvements to the act are required, and we certainly appreciate many of the crossing safety concerns that Ms. Bateman raised before this committee.

As a result of urban growth around railway operations, traffic has increased at existing crossings and additional crossings have been built to relieve road congestion across the country. Communities and city planners need to think about alternatives to creating new grade crossings, and what upgrades can be made to improve safety at existing crossings.

Although not specifically aimed at crossings, we're making some progress through our joint proximity initiative with the Federation of Canadian Municipalities, and we recently saw Montreal adopt our Guidelines for New Development in Proximity to Railway Operations as part its long-term development plan. Montreal was the first major urban centre to adopt the guidelines and we're hopeful that other cities will follow suit.

But more can be done. I'll read you a quote. I'm sorry, it's a little bit long, but bear with me.

ln its report, the advisory panel for the Railway Safety Act review recommended that the act be amended to require developers and municipalities to engage in a process of consultation with railway companies prior to any decision respecting land use that may affect railway safety.

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.

Further, we also believe, as is done in the Aeronautics Act today, that power should be given to the Governor in Council to make regulations respecting the control or prohibition of any other activity in the vicinity of a land on which a line of railway is situated, to the extent that it could constitute a threat to safe railway operations.

These comments were made by my predecessor, Cliff Mackay, to this committee during its review of the Railway Safety Act in 2012, and this is still our position today. Railways are required by law to notify municipalities of any proposed work. We would like to see the Railway Safety Act amended to require developers and municipalities to consult with railway companies prior to making decisions about land use that could affect railway safety.

Another way that we can tackle the issue of crossing safety is to review the existing regulatory approach for opening and closing rail crossings in Canada. Under the existing regime, Transport Canada has the authority to close grade crossings after completing a risk analysis. Meanwhile, the Canadian Transportation Agency has the authority to open new crossings without having to assess public safety. This dichotomy of authority has jeopardized public safety and led to some counterproductive outcomes. In one case, the Canadian Transportation Agency ordered a railway to open a crossing after Transport Canada had ordered it permanently closed for safety reasons.

Furthermore, the number of crossing-related accidents has not decreased over the last decade. Since 2003, there have been more than 2,300 crossing-related accidents and 670 serious injuries and/or fatalities. As I mentioned earlier, 30% of the crossing-related accidents over the last five years have resulted in serious injury or fatality. The increasing number of level crossings, the increase in traffic moved by freight and passenger rail, as well as truck and automobile traffic suggest that crossing-related injuries and fatalities will continue to be a problem in the future if action is not taken. Recent government efforts to improve safety at grade crossings will help, but the best way to improve safety is to close more crossings.

Canada's grade crossings regulations came into effect last December 17. These regulations outline a series of improvements that must be made to grade crossings, including private crossings. Short line railways alone expect that they will invest somewhere in the order of $85 million to meet these regulatory requirements, and the estimate at the time of regulation was a cost of about half a billion dollars to the industry to meet these regulations.

There is also the issue of private crossings. We have many instances where private roads crossing over rail lines are used by one or more landowners, and where there is no crossing agreement. In these situations, railways advise users of the crossing of the need for a crossing agreement, setting out terms of use for construction and maintenance. But in many cases, users are unwilling to enter into these agreements, especially when crossing upgrades are necessary.

Section 103 of the Canada Transportation Act deals with the situation in which the railway company and the landowner adjoining the railway disagree on the suitability or maintenance of a private crossing. Currently, section 103 only permits the landowner to apply to the agency for the resolution of a dispute. There is no comparable right given to the railway company. We believe that, in the interest of safety, railways should have the equal right to apply to the agency under section 103.

The government aIso recently made changes to its grade crossing improvement program. Transport Canada has considerably reduced the amount that it will contribute towards grade crossing improvements. Transport Canada used to cover 80% of the cost of a grade crossing and now only covers 50%. Under the current funding formula, railways are expected to absorb almost 40% of the cost of these upgrades. Furthermore, we are told that compliance with the new regulations will not be an accepted reason for applying for funds under the grade crossing improvement program, and that these funds are not available to provincially regulated railways, which must nevertheless comply with the regulations.

When Joyce Bateman was testifying to this committee the other day, I noticed that what started as an issue of safety quickly morphed into an issue of convenience. I understand it is difficult when constituents call and complain about waiting at a railway crossing for 15 or 20 minutes, but let's consider the alternative.

Earlier this week, Jim Vena, from CN, mentioned that it's not unusual to have trains that are over 150 cars long. One hundred and fifty railcars is the equivalent of about 375 tractor trailers that would otherwise be on our roads. Without rail service, we would have more congestion, more pollution, less safety, and more greenhouse gases. Rail is about 20 times more efficient than trucks in terms of greenhouse gas emissions' intensity, and let's not forget about the economic argument. Railways need to maintain velocity and fluidity on their tracks in order to deliver high levels of service to their customers. When an accident occurs, the whole network gets clogged.

The rail industry is currently operating under a quota for grain. Last year's enormous grain crop was 20 million metric tonnes larger than the average crop. This 20 million metric tonnes required around 2,000 trains, each with 100 cars, to move it to port; then they had to return.

We need rail to move the economy, so before we start making small steps that we think may solve a specific problem, let's make sure we are not further hindering our ability to enable the competitiveness of our customers and the economy in this globally competitive world.

Thank you very much.

March 26th, 2015 / 3:30 p.m.
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Pauline Quinlan Co-Chair, National Municipal Rail Safety Working Group, Mayor, City of Bromont, Federation of Canadian Municipalities

Thank you, Mr. Chair.

Good afternoon and thank you, Mr. Chair, for your introduction. Thank you to the committee members for extending an invitation to the Federation of Canadian Municipalities to participate in your study of Bill C-627, an act to amend the Railway Safety Act, safety of persons and property. FCM last appeared before the committee in May 2014, as part of your study on safety management systems and the transportation of dangerous goods, and we are pleased to be here again.

I am the mayor of the City of Bromont, Quebec, and chair of the Quebec caucus of the Federation of Canadian Municipalities. I am happy to be here today to represent the Federation of Canadian Municipalities as the co-chair of the FCM's National Municipal Rail Safety Working Group.

The National Municipal Rail Safety Working Group, which I co-chair, was created in the wake of the catastrophe that devastated the town of Lac-Mégantic in 2013.

The group's work is guided by the following three principles: equipping and supporting municipal first responders to rail emergencies, ensuring that federal and industry policies and regulations address the rail safety concerns of municipalities, and preventing the downloading of rail safety and emergency response costs to municipal taxpayers.

I am joined today by Daniel Rubinstein, Manager of Policy and Research at the Federation of Canadian Municipalities. He also handles issues related to rail safety.

The Federation of Canadian Municipalities represents 90% of Canada's population and about 2,000 municipalities from across the country. Our mission is to promote and protect the interests of all communities—small or big, urban or rural, central or remote—on issues related to policies and programs that fall under federal jurisdiction.

The federation raises various issues related to rail safety and actively participates in many rail safety initiatives. We are a member of the Transportation of Dangerous Goods General Policy Advisory Council, the Advisory Council on Railway Safety, as well as the emergency response task force. We are also working closely with Minister Raitt and Transport Canada officials on all those issues.

Before speaking about Bill C-627, I want to reiterate for committee members that FCM and the national municipal rail safety working group are guided by essential work undertaken by the Transportation Safety Board of Canada.

The TSB serves a critical function in terms of making safety recommendations to the federal government, and at FCM we believe the standard for progress is full implementation of TSB safety recommendations. My colleagues and I at FCM are pleased that the government's response to the TSB report into the tragedy in Lac-Mégantic has indeed been fulsome. We expect the same type of response once the TSB has had the opportunity to fully investigate the recent derailments in northern Ontario and make additional recommendations to government.

In terms of the focus of today's meeting, let me say a few words about Bill C-627. FCM fully supports any legislative measure that clarifies or enhances the ability of the Minister of Transport and Transport Canada officials to conduct robust oversight and enforcement of safety on Canada’s federal railways. Bill C-627 does that just by clarifying that safe railway operations also includes the “safety of persons and property”.

As was discussed at the committee's last meeting this past Tuesday, these provisions complement the enhanced oversight and enforcement powers contained in Bill C-52, the safe and accountable rail act, which was introduced by Minister Raitt last month.

Related to Bill C-627 is the issue of safety standards at railway-roadway level crossings, otherwise known as grade crossings. FCM is fully supportive of Transport Canada’s new grade crossing regulations, which for the first time establish standards for sightlines, warning systems, and other key safety components at both new and existing crossings. These regulations respond to a long-standing recommendation from the TSB.

Over the next seven years, all existing grade crossings in Canada will need to be upgraded to the basic standards laid out in the regulations. Our members and federal railways are in the very early stages of sharing information with each other about existing crossings, which is the first step laid under the regulations. Information sharing must be completed by the end of 2016.

You can expect to hear more from the FCM about the need for additional federal funding for grade crossing improvements once we are able to assess the cost impact of meeting the new grade crossing regulations at existing crossings.

Shifting from rail safety to emergency planning and response, the national municipal rail safety working group has also been vocal about the need for shipments of flammable liquids to require detailed emergency response assistance plans, or ERAPs. ERAPs play a critical function in assisting local first responders in the event of a serious incident involving dangerous goods.

In April 2014 Transport Canada responded favourably to FCM’s request, by expanding Transport Canada’s ERAP requirements to shipments of crude oil, ethanol, gasoline, diesel, and aviation fuel. This regulatory change has provided municipalities with certainty that shippers of flammable liquids will provide specialized assistance when major incidents take place involving these products.

Also in April 2014 Minister Raitt established an emergency response task force with participation from key stakeholders, including FCM, to strengthen nationwide emergency response planning and training. The ERTF has a mandate to submit its recommendations later this year.

As I mentioned earlier in my remarks, in February Minister Raitt announced new legislation, Bill C-52, to improve rail safety and the transportation of dangerous goods in Canada. Key elements of Bill C-52 respond directly to concerns related to insurance and liability, information sharing, and Transport Canada’s oversight of federal railways that were raised by FCM at our last appearance in May 2014.

These are a few examples of policy areas where proactive and ongoing collaboration between FCM and the federal government has resulted in concrete reforms that will improve the safety of Canada’s railways and Canada's population.

That said, unfortunately our work is not yet done as derailments continue to occur. Again, we look to the TSB to provide Canadians with an analysis of the causes of recent derailments and recommendations to further improve rail safety. We look to the government, the railway industry, and Parliament through this committee, to ensure that any recommendations are implemented in full.

In closing, FCM welcomes new measures to clarify and expand the oversight and enforcement powers of the minister and railway safety inspectors, including the amendments to the Railway Safety Act proposed in Bill C-627.

I want to thank the committee once again for giving us an opportunity to share our point of view.

March 26th, 2015 / 3:30 p.m.
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NDP

The Vice-Chair NDP Hoang Mai

Good afternoon, colleagues. Welcome to the 50th meeting of the Standing Committee on Transport, Infrastructure and Communities. We are considering Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property).

From the Federation of Canadian Municipalities, we have with us Pauline Quinlan and Daniel Rubinstein.

We also have with us, from the Railway Association of Canada, Michael Bourque, and from Teamsters Canada, Phil Benson.

The witnesses will have 10 minutes for their presentations.

I give the floor to Ms. Quinlan, from the Federation of Canadian Municipalities.

March 24th, 2015 / 3:55 p.m.
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Conservative

David Yurdiga Conservative Fort McMurray—Athabasca, AB

Thank you, Mr. Chair and Ms. Bateman.

Bill C-627 is so important, especially around municipalities where we have children playing and using the crossing to go back and forth to school or home, or wherever it may be.

What kind of feedback did you get from municipalities regarding your bill?

March 24th, 2015 / 3:45 p.m.
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Conservative

Wai Young Conservative Vancouver South, BC

Ms. Bateman, I want to say thank you so much for being here today and for presenting your bill to this committee.

As you noted in your opening comments, it was the tragic accident at Lac-Mégantic that has moved this Minister of Transport, the government, and this committee to study the safety of rail safety across Canada. I know we have all been working very hard to this end.

It's wonderful to have you here presenting your private member's bill, Bill C-627, another aspect to making our railway system even more safe. I'm very impressed that you've undertaken to do this.

I want to note some important facts and figures. It's noted here that of the 23,000 grade crossings under federal jurisdiction, 18% of all rail accidents in Canada are at grade crossings. That's a substantive number; 18% is almost one-fifth of all accidents at grade crossings. Again, I think your bill is very timely. It obviously speaks to the point and that is safety for Canadians and for rail.

In your consideration of this bill, which I think is quite comprehensive, you talk about railway safety, safety of persons, and the safety of property. There are obviously some gaps in previous legislation, which is why you proposed your bill.

Can you speak to why you felt you wanted to separate out those three aspects and why your bill will fix the gaps?

March 24th, 2015 / 3:35 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Does it mention C-627?

March 24th, 2015 / 3:30 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Thank you very much, Mr. Chair. I'm very pleased to have the opportunity to speak with you today.

I hope to answer any questions that you may have regarding my private member's bill, Bill C-627, an act to amend the Railway Safety Act, safety of persons and property.

Mr. Chair, I am very happy to have the opportunity to speak to you today about my bill, Bill C-627, and of course, to answer the questions of the members of the committee.

As you know, the security of transportation in general and rail safety in particular is one of the priorities of our government.

The recent catastrophe of Lac-Mégantic and the recent tragedy in northern Ontario underlines and reminds us one more time of the necessity to have a secure and safe rail system and to improve the supervision and control of the rail operations as a whole.

As I was saying, the recent catastrophes underline and remind us one more time of the necessity to have a secure and safe rail system and to improve the supervision and control of rail operations.

I would like to highlight the excellent work of your committee, Mr. Chair, and the leadership of the Minister of Transport, Minister Raitt, who reacted in such an efficient and effective way to gaps identified in the system.

I have found another gap that I would like to fill.

Indeed, the current legislation does not allow the minister or rail crossing inspectors to close a rail crossing when it presents a risk for pedestrians, cyclists, persons in wheelchairs, or vehicles.

My private member's bill will improve that situation for the entire population.

I have heard loud and clear from my constituents that rail safety is an issue that matters to them. As a servant of Winnipeg South Centre, I share in this vision of wanting to see our crossings safe, whether for a child riding a bike, a senior in a wheelchair, or any vehicle.

Rail crossings criss-cross my riding and the safety of them can be enhanced. That's why I chose to use my private member's bill to achieve greater rail safety in my constituency with a happy consequence that all Canadians across this great country will be safer and more secure because of my bill.

My bill is about prevention and proposes to enhance the Railway Safety Act by seeking to give additional powers to the Minister of Transport, so she may intervene when required in order to better ensure the safety of citizens, property, and communities. Additionally, this proposed legislation seeks to empower railway safety inspectors, so 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.

My bill is about prevention and its objective is to solve problems before they occur. The notification provisions propose to improve the Railway Safety Act by seeking to give additional powers to the Minister of Transport, so that she may intervene when required in order to better ensure the safety of citizens, property and communities.

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

I'm sure we will go into a discussion about the details later, but what I propose is that the minister and her inspectors have the power to shut down a railway crossing, if necessary, if the safety and security of any Canadian is at risk.

I hope all parties support me on this bill.

I thank you very much, Mr. Chair, for your kind attention and it will now be my pleasure to answer any questions you and your colleagues may have.

March 24th, 2015 / 3:30 p.m.
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Conservative

The Chair Conservative Larry Miller

Our meeting today is split up into two segments.

In the first segment we have Ms. Bateman, MP, to answer questions and explain a little bit about her private member's bill, Bill C-627, an act to amend the Railway Safety Act, safety of persons and property.

Ms. Bateman, welcome to the committee and thanks for being here.

Railway Safety ActPrivate Members' Business

January 27th, 2015 / 6:05 p.m.
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Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Mr. Speaker, it is always a great honour to speak in the House of Commons as a member of Parliament representing Winnipeg South Centre. Today it is a double honour, and indeed a great pleasure, to have the opportunity to thank all of my colleagues on all sides of the House of Commons for their support and interest in my private member's bill, Bill C-627.

My private member's bill proposes amendments to the Railway Safety Act that would help ensure the safety and security of all Canadians. I am thrilled that after I identified a specific legislative gap regarding remediation at rail crossings, which is very helpful for rail safety in urban settings, I have been joined by so many of my colleagues in filling that gap to better protect Canadians.

The amendments I proposed to the Railway Safety Act would give additional powers to the Minister of Transport to intervene when required on an issue of safety and would help ensure the safety of Canadian citizens and our communities. Additionally, this proposed legislation seeks to empower railway safety inspectors so that they may quickly intervene to restrict the use of unsafe work and equipment and to forbid or restrict the use of unsafe crossing work or road crossings. I believe this bill is part of the continuing evolution and improvement of rail safety standards that we all value.

Our government takes the safety of Canadians and the Canadian rail system very seriously. It is committed to ensuring that appropriate levels of safety are always maintained. As members are well aware, our record as a government on rail safety is impressive, and I would really like to single out the hon. Minister of Transport for her leadership as well as her very hard-working parliamentary secretary. This is a vast responsibility that touches the life of every Canadian and the well-being of every Canadian family. I am very grateful to contribute to enhancing our record of rail safety for Canadians with the content of my private member's bill, Bill C-627.

I thank all of my colleagues for their support and I truly appreciate the response I have received to the various communications on my bill that I have sent to every member of the House of Commons.

As my colleagues, the hon. member for Kitchener—Waterloo and the hon. member for Kamloops—Thompson—Cariboo, noted in their remarks, there is no greater privilege than to serve the needs of our constituencies. With this bill, I have enhanced the safety of my constituents in Winnipeg South Centre and, happily, also the safety of every Canadian.

I thank the members of the House of Commons and ask each one of them for their support for Bill C-627.

Railway Safety ActPrivate Members' Business

January 27th, 2015 / 6 p.m.
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Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of Labour and for Western Economic Diversification

Mr. Speaker, I am very pleased to stand to speak to private member's Bill C-627. I also want to congratulate the member for Winnipeg South Centre on a bill that really reflects the needs that she saw in her own riding. It is very interesting. As we look at this particular bill and speak to it, we are all looking at our ridings and what the impact might be on them. We heard from different members about having a lot of rail running through their ridings. I myself represent Kamloops—Thompson—Cariboo, which is 45,000 square kilometres. We have CN, which runs from the Alberta border down through Edmonton to Vancouver, and we have CP, which goes through the Calgary route. When I heard the number of crossings mentioned by the previous member, I was thinking that perhaps the bill would have an extraordinarily higher effect in my riding, because out of those 18,000 or 23,000 crossings, the riding I represent has quite a number of them.

When I was first heading into the election campaign of 2008, I certainly remember going across one of the highways in the region. We were suddenly warned to slow down and go very slowly, because this was a very hazardous crossing. In this way I was first introduced to a very hazardous crossing very early in my election campaign. Of course, I am very pleased to see that there have been improvements.

It is important to reflect that the vast majority of the crossings in our country are well maintained, but there are instances and circumstances that make this particular bill both appropriate and necessary.

As a government, we are committed to the safety and the security of Canadian communities. I think we all agree that ensuring a safe, dependable, and modern transportation system is essential to supporting the continuing advancement and prosperity of this country. It is for that reason that I am very proud, as I mentioned earlier, to support Bill C-627, an act to amend the Railway Safety Act (safety of persons and property).

Many of us have spoken about the tragedy in Lac-Mégantic. Members will recall that Transport Canada took immediate action to further improve railway safety and transportation of dangerous goods. I want to quickly itemize some of them: classification testing for shipments of crude oil; increased information-sharing with municipalities to facilitate emergency planning; and the removal of the least crash-resistant DOT-111 tank cars from dangerous goods service.

I have had conversations with a number of the members of the FCM who were at the rail transportation safety committee. They have been very pleased with their conversations with our minister in terms of her responsiveness to the concerns they identified.

To build on these actions, Transport Canada responded to the Transportation Safety Board's recommendations by issuing an emergency directive that requires railway companies to meet standardized minimum requirements for handbrake application and to implement additional securement measures.

Transport Canada is also in the process of recruiting additional staff to carry out more frequent audits, recruiting additional staff with engineering and scientific expertise to oversee the transportation of dangerous goods, creating new processes to increase information-sharing with municipalities, and conducting additional research on the hazards of Canadian crude oil.

In addition to these departmental actions, the Standing Committee on Transport, Infrastructure and Communities has launched a comprehensive review of the state of railway safety in this country. Among other things, this review specifically targets the issues of railway safety, management systems, and the transportation of dangerous goods. It will further increase our understanding of the challenges and opportunities related to rail safety.

Since its introduction, the Railway Safety Act has been amended twice. It was first amended in 1999 in order to provide for a fully modern framework for Canada's rail transportation system. This framework was truly progressive, making railways more responsible for managing their operations safely.

More recently, the act was amended on May 1, 2013, in order to further improve rail safety and to reflect the industry's evolution. To keep pace with industry changes, the amendments further strengthened the department's oversight and enforcement capacity, enhanced the implementation of safety management systems, increased the importance of environmental management, and clarified ministerial authority and responsibilities.

This bill, which would enhance the power of the minister and inspectors to intervene when people and property are at risk, is the next step towards an even stronger piece of legislation and a stronger legislative framework, putting even more emphasis on pre-emptive prevention and the protection of Canada's most important resource: its people.

Approval of this bill would be an important step in supporting a comprehensive railway safety program that would further strengthen the safety and protection of the public. Without a doubt, modernizing the Rail Safety Act to reflect the increasing requirements for public and railway safety is timely.

These are changes that few Canadians can argue about. In listening to the debate so far this evening, it appears that few parliamentarians can argue against them either. Without a doubt, modernizing the Railway Safety Act to reflect the increasing requirements for public and railway safety is timely, and these changes Canadians can agree with.

In closing, many ridings throughout this country have rail lines running through them, and we all recognize the critical importance of the rail system in transportation. I understand that almost 60% of what is transported by rail is destined for export markets, which is a critical part of our economy. Obviously, it is of great importance to match or balance our support for prosperity and jobs with making sure that it is as safe as possible.

I congratulate the member for Winnipeg South Centre on a very positive and important measure.

Railway Safety ActPrivate Members' Business

January 27th, 2015 / 5:40 p.m.
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Kitchener—Waterloo Ontario

Conservative

Peter Braid ConservativeParliamentary Secretary for Infrastructure and Communities

Mr. Speaker, I am honoured to rise this evening to speak in support of Bill C-627.

I want to begin by congratulating my colleague, the member for Winnipeg South Centre, for putting forward such an excellent bill, for representing the interests and concerns of her constituents so effectively, and for coming to Ottawa to make a positive change. Her constituents should be very proud of her.

Bill C-627, an act to amend the Railway Safety Act (safety of persons and property), aims to provide greater protection to persons and property from risks inherent in railway operations.

The amendments proposed in this bill would emphasize the authority of the Minister of Transport and railway safety inspectors to intervene when required in the interests of the safety of Canadians and for the protection of property and the environment. It would be a step forward in supporting a comprehensive railway safety program and strong railway safety rules and regulations already in place to further strengthen the safety and protection of the public.

Before I describe this initiative further, I will highlight some of the important history of Canadian railway safety legislation.

For many years, the safety of Canada's federal railways was regulated under the Railway Act, originating at the turn of the 19th century when Canada's railway system was rapidly expanding. The Railway Act was designed for a bygone era. At that time, much of the national rail system was under construction to open new territory across this great land and to encourage settlement.

Let us fast-forward to 1989 when the Railway Act was replaced by the Railway Safety Act, which was designed to achieve the objectives of national transportation policy relating to the safety of railway operations, and to address the many changes that had taken place in the rail transportation industry in the years leading up to the changes. It was a time of privatization and restructuring, supported by a new federal policy that separated economic and safety legislation to provide the railway companies with the flexibility they needed to grow and prosper.

The Railway Safety Act gave direct jurisdiction over safety matters to the Minister of Transport, to be administered by Transport Canada, where responsibility for other federally regulated modes of transportation resides. Today, railway safety regulation continues to be governed by the Railway Safety Act, which was developed in a spirit of co-operation between industry and government. The act moved away from a one-size-fits-all regulatory approach to one that set objectives in rules and encouraged the responsibility of railway companies to target these rules toward their own unique safety and operational conditions.

Transport Canada undertakes its responsibility to maintain a safe national rail system through policy and regulatory development, through outreach and education, and through oversight and enforcement of the rules and regulations it implements under the authority of the Railway Safety Act. As I mentioned, the Railway Safety Act was developed in a spirit of co-operation between industry and government. To facilitate a modern, flexible and efficient regulatory regime that will ensure the continuing enhancement of railway safety, the act provides for detailed safety requirements to be developed either by the government in the form of regulations or developed by industry in the form of rules. The act provides the minister with the ultimate authority to approve or reject industry proposals on the grounds that they are or are not conducive to safe railway operations.

Once approved, all rules have the force of law, and Transport Canada has broad powers to require a rule, a rule change, or development of its own regulation in areas laid out in the act. In the interests of railway and public safety, the Minister of Transport can order a company to formulate or revise a rule. If the industry refuses to comply, the minister can independently establish the rules.

Fundamentally, the legislative framework recognizes the responsibility of railway companies, like any other companies, for the safety of their own operations, and the federal government, through Transport Canada, retains the responsibility and the power to protect people, property, and the environment by ensuring that the railway companies operate safely within the national legislative framework.

There are currently l6 rules and seven engineering standards under the Railway Safety Act. The main rules cover rail operations, freight car safety, and track safety. These distinctions make Canada's railway system strong, and concrete action has been taken throughout the years to make it even stronger.

Since its introduction, the act has been amended twice, the first time in 1999 to fully modernize the legislative and regulatory framework of Canada's rail transportation system and to make railway companies more responsible for managing their operations safely. It also gave the general public and interested parties greater input into issues of rail safety.

On May 1, 2013, the act was amended again to further improve railway safety, reflect changes in the industry, and make the act consistent with legislation for other modes of transport. The amendments increased safety and consistency by strengthening the department's oversight and enforcement capacity, enhancing the implementation of safety management systems, increasing the importance of environmental management, and clarifying the authority and responsibilities of the Minister of Transport with respect to railway matters.

The amendments also clarified that railway safety inspectors exercise their powers under the authority of the minister and that the minister may enter into agreements with provinces on matters relating to railway safety, railway security, and the protection of the environment.

Over the past 20 years, we have seen significant changes in the rail industry, including industry restructuring, the privatization of CN, the proliferation of short lines, and the rapid growth in freight, passenger, and commuter rail services. Rail traffic between Canada and the U.S. has grown, and expanding trade with Asia has increased international container traffic through west coast ports.

As my brief outline illustrates, rail safety legislation has greatly evolved over the years to keep up with the expanding population, economic growth, and emerging technologies. This bill is the next step toward an even stronger legislative framework, putting even more emphasis on protecting the safety of Canada's most important resource, our people.

Bill C-627 proposes to amend the Railway Safety Act to provide the Minister of Transport with the express authority to disregard objections received for proposed railway work if the work is in the public interest; to expand railway safety inspectors' authority to restrict a railway's operations when its operations pose a threat to safety, including when the threat impacts the safety of a person or property; and finally, to add a new ministerial order to allow the Minister of Transport to direct a company to take specified corrective measures if railway operations pose a significant threat to persons, property, or the environment.

To summarize, the proposed amendments in the bill would increase the safety of Canadians, enhance the safety of our communities, and contribute to a stronger economy, a modern infrastructure, and a cleaner environment by providing the Minister of Transport with additional enforcement authority to further protect Canadians' property and the environment.

They align with the objective in the Railway Safety Act to “promote and provide for the safety and security of the public and personnel, and the property and the environment, in railway operations.”

We believe that these proposed amendments are timely. We are once again modernizing the Railway Safety Act to reflect the verifiably increasing requirements for public and railway safety, and these are changes all Canadians can agree upon.

In our 2013 Speech from the Throne, we included a commitment that the government would take targeted action to increase the safety of the transportation of dangerous goods. The bill is yet another testament that we intend to deliver on the commitment we made to Canadians.

In the interest of all Canadians, I urge all hon. members to give the bill their unanimous support.

Railway Safety ActPrivate Members' Business

January 27th, 2015 / 5:35 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, it is my pleasure to speak on behalf of the residents of Saint-Bruno—Saint-Hubert on a matter as important as railway safety. I have met with them on numerous occasions to hear what they had to say about this issue. I can say that they are very worried and they are calling for more stringent regulations to be put in place and, most importantly, to be enforced.

It is true that additional safety measures have been taken since the terrible accident in Lac-Mégantic in July 2013 in relation to the transportation of dangerous goods, but we can do more and we have to do better.

Bill C-627, which we are debating today, would give the Minister of Transport and railway safety inspectors the power to order a railway company or the owners of a crossing to do certain work, not only where railway safety is threatened, but also where the safety of persons and property is threatened. For example, the bill would allow the minister to issue an order requiring that a company take corrective measures in a case where barriers continued to malfunction on a track.

As a result, if I am interpreting this bill correctly, this implies that the minister is going to have each section of track inspected and that she could require the companies to take measures to improve safety.

On paper, this bill would meet the expectations of the people calling for more pedestrian crossings and more investment in making those crossings safe. However, it does not answer all the essential questions, such as how frequently these inspections will be done, and with what resources.

The railway safety budget was cut by $5 million between 2012 and last year. This means that every year, there is a reduction in the railway safety budget. In addition, this bill talks about level crossings. The government already has a program for level crossings, but the money allocated to it is not being spent. There is apparently $3 million intended for improving level crossings left over.

My colleague from Brossard—La Prairie went to meet with the people of Verchères, next to my riding. The municipal councillors told him about something interesting. The municipality of Verchères applied for a grant from the grade crossing improvement program in 2010, to put up a safety barrier. Well, to date, it is still on a waiting list.

Now, they would have us believe that this bill will change things, and starting today, the Conservative government is going to listen to Canadians and provide them with safe level crossings? The government had money to invest in level crossings, but it has still done nothing. They must think we are fools.

The second clause of the bill caught my attention. The bill would give railway inspectors the power to forbid the use of railway works or equipment if it poses a threat to the safety of persons or property.

The Auditor General and the Transportation Safety Board of Canada have clearly said that the department does not have enough resources. The department itself is refusing to say how many qualified inspectors can conduct these audits.

We know that Transport Canada’s Rail Safety Directorate is underfunded. It does not have enough staff and the employees it does have do not have enough training.

According to the Auditor General's fall 2013 report, Transport Canada needs about 20 system inspectors to audit each of the federal railway companies every three years. Right now, the department does not have that many qualified inspectors to conduct those audits. That is not very reassuring in terms of enforcing this bill.

There are still too many deaths and serious accidents at level crossings. Protecting the public and the environment basic government responsibilities. Self-regulation and self-inspection are not working. The government must address the lack of oversight and inadequate audits. In 2009, there were 19 deaths related to level crossing accidents. In 2013, that number rose to 31.

In my riding, there was a serious accident in 2013 because there was no pedestrian crossing. How many similar cases are there in other ridings?

The NDP has long called for the federal government to tighten the grade crossing regulations and implement the TSB’s recommendations. The private member’s bill contains some good elements. The government—and I do in fact mean the government—must undertake a complete review of the railway safety regulations and how they are enforced and find ways to improve them, rather than depending on private members’ bills.

Obviously, I intend to vote in favour of measures that can improve level crossing safety or railway safety in general, but the government cannot shirk its duties. It has to take full responsibility for railway safety. A rigorous evaluation of the state of railway safety in the country is needed and we need to make that happen.

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.
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Conservative

The Chair Conservative Dave MacKenzie

Okay. Thank you.

Next is Bill C-627.

Railway Safety ActRoutine Proceedings

September 23rd, 2014 / 10 a.m.
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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)