Bill C-322 (Historical)

An Act to amend the Railway Safety Act (road crossings)

This enactment amends the Railway Safety Act to authorize the Minister of Transport to order a company to construct a road crossing and to authorize the payment of a grant for that purpose.

Railway Safety Act

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, Bill C-322, which was introduced by the member for Laurier—Sainte-Marie, is based on one simple principle. It would authorize the Minister of Transport to order a rail company to construct a road crossing and authorize the payment of grants for that purpose.

This bill is about keeping Quebeckers and Canadian safe. Thousands of people are being forced to take long detours to get to work and access services. In many cases, those detours are unreasonably long, so some people avoid them by crossing the tracks where there is no crossing.

It is a simple image. What is important to understand here is that urban landscapes are constantly changing. I often use the example of a new park, where those who designed and conceived of the park planned the walkways and paved or laid stone in certain areas. A few months later, it becomes clear that the park's users have decided differently, and they create their own paths that reflect how they actually use the park. I am not saying that we should let people walk around as they wish and create the crossings afterwards, but we do need to take into account how people actually move, the development of certain neighbourhoods, and the shifts in urban landscapes so we can adapt to situations that reflect reality.

Transport Canada figures show that the risk of fatalities is twice as high at unprotected locations. In some spots, there are reports of hundreds of people every morning crossing the tracks where there is no crossing. For example, consider the railway right-of-way in Mile End in Montreal. In one day, 289 pedestrians and 81 cyclists were reported to have crossed the tracks at the wrong place, because they had no other real choice.

Despite pressure from businesses, cities, and citizens groups, railway companies often refuse to co-operate on adding crossings and yet this is critical to the safety of pedestrians and cyclists, as we just saw in the example.

The lack of safe crossings jeopardizes public safety and causes mobility problems in our communities. We New Democrats have introduced this bill because we want to improve safety for all Canadians and promote active transportation.

In its response to my colleague from Laurier—Sainte-Marie, the Liberal government seems to oppose this bill because it thinks the solution already exists under current legislation. The Parliamentary Secretary to the Minister of Transport said, and I quote:

...under the Railway Safety Act, the Minister of Transport has the appropriate tools and authorities to respond to safety concerns or threats to safe railway operations....It is for these reasons that the Government of Canada does not support Bill C-322.

The government would have us believe that everything is fine and that we do not need to amend the law to protect the safety of Canadians. However, nothing could be further from the truth. A Library of Parliament study shows that the Railway Safety Act is so vague and unclear that it is impossible to determine whether the transport minister does or does not have the authority to order a company to build a railway crossing under the existing legislation.

I asked the Library of Parliament to look into this because I wanted to get the most objective opinion possible on this bill and try to make sense of it. An examination of the existing legislation on railway safety shows that large sections of the text are quite vague to say the least. Actually, they are about as clear as mud.

Therefore, this is not just the opinion of the second opposition party. We are talking about the findings of a non-partisan study involving a rigorous and detailed review of the legislation. The concept of railway safety comes up at least 66 times in the act, but it is never clearly defined.

Just because the word “safety” is used so many times does not mean we have a clear understanding of what it means. Subsection 31(1) of the Railway Safety Act is very confusing because it is not clear whether the notion of railway safety is meant to be interpreted more narrowly here than in other parts of the act.

I will read subsection 31(1). I just want to warn my listeners that I might lose them here. I might even get lost myself, but that will prove my point about how the act that my colleague's bill would amend is very confusing. Here is subsection 31(1):

If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

I imagine everyone gets the meaning of this paragraph. The words “or the safety of persons or property” might suggest they are there to add to the concept of the security of railway operations and therefore that the safety of persons or property is not necessarily included in that concept. What is more, nowhere else in the Railway Safety Act is the security of railway operations followed by the phrase “or the safety of persons or property”.

Let us take a deep breath and try to make sense of that. That is precisely what Bill C-322 wants to address and why it is important. It clarifies the minister's authority to order the construction of level crossings. Unfortunately, the government is hiding behind outdated regulations that prevent the minister from ordering new crossings to be built even though he has the authority to order them to be closed or modified.

Let us also admit that in reality, the public's bargaining power is disproportionate to that of the railway companies, to say the least. The agreement process for creating a level crossing is also problematic. The person submitting a proposal is supposed to negotiate an agreement directly with the railway company. If the company rejects the idea of building a new level crossing, then the applicant can call on the agency to mediate the negotiations or make an official ruling on the matter.

There is a growing number of examples of individuals, citizens groups, and municipalities pulling together to establish new road crossings, but at the end of the day, the rail company basically has the veto, and nothing happens, even though the risk to public safety, I would remind the House, is well known and even statistically proven.

The problem lies in the unequal balance of power between the parties negotiating the construction of a new crossing. When rail companies cite safety reasons, for example, to justify their refusal to install crossings without releasing the results of their safety studies, the government should have the authority to intervene to ensure public safety and to protect the public interest. That is what we are proposing in the next bill.

Unfortunately, I am running out of time, but I could have quoted many organizations that support the bill sponsored by my colleague from Laurier—Sainte-Marie. They are sending a very clear message that this is a crucial need, not only in the Montreal region, which is represented in part by my colleague from Laurier—Sainte-Marie, but also in many other parts of the country.

Indeed, as I said in the beginning, the urban landscape is constantly changing, and we need to adapt railways that have been there for more than a century to the reality of urban development.

In closing, the current situation is worrisome, and crossings need to be built in strategic locations so that pedestrians and cyclists can move around safely. Improving active transportation and people's mobility are important priorities, and this is true across Canada. This bill will help us achieve that.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, thank you for the opportunity to speak to Bill C-322 this afternoon.

My experience with crossings is a little different from my colleague's. In my riding, the issues around crossings have typically been the removal of them, particularly in small towns. Train lengths have gotten longer and longer, and we now find freight trains that are two miles in length. The rail companies have actually come in and removed crossings, in their words, to try to remove the danger of people trying to cross at those places. It has made it inconvenient for a number of small communities whose people often have to go around another way to get back to the place where they started.

The second issue I have had with rail crossings in the riding is CPR removing crossings that were used privately and actually not even acknowledging our contacts with them to try to get them to explain what they had done.

I sympathize with my colleague on this issue, but I do not think she has found the correct solution to the problem. In short, the bill before us proposes to amend the Railway Safety Act to give the minister of transport the power to order a company to construct a railway crossing and to authorize the payment of subsidies in that regard. The bill is designed to address a particular problem in Montreal.

I find this to be typical of my NDP colleagues' approach to legislation. The solution is always more and more government intervention and bigger and bigger government. With these issues that should be resolved locally, they always seem to take a national hammer to them to try to repair them that way. I think that is what is happening here.

For those of us who have lived under NDP governments, this is a very familiar picture for us. We believe the solution is not always more and more government involvement and government telling people what they need to do. Of course, in my province it has had a huge impact over the years. We find ourselves, after 50 years of the NDP running the province, with an economy one-third the size of that of our neighbouring province, and it is for that particular reason. Every solution was seen to be more and more government involvement until people left and businesses left and we did not have the economic development that we actually needed in our province. We ended up with, I think, up to 80 crown corporations in a population of less than a million, and nationalized industries, such as potash, which was just about destroyed before it was sold into private hands and then became a crown jewel in our provincial economy.

[Erin Weir, NDP, Regina—Lewvan, SK]

Nonsense, sheer nonsense.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

I hear my colleague in the back heckling me, but he should be apologizing to the people of Saskatchewan for having supported such policies.

We see the consequences in other provinces now. Unfortunately, our neighbour to the west, which was once three times the economy that we were and had three times the population, is suffering through the choice of an NDP government. We are all familiar with things like Rae days. In British Columbia, although the NDP has destroyed that provincial economy twice, it seems some people have forgotten that and may be giving the NDP another opportunity to drag British Columbia down.

[Erin Weir, NDP, Regina—Lewvan, SK]

Relevance.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, my colleague wants this to be an issue of relevance, but it is relevant because this is the only solution that the NDP has. This legislation is principally designed as a national solution to a challenging circumstance in her riding where, according to her, there are not enough rail crossings, and therefore pedestrians in her riding are crossing the rail track at multiple uncontrolled locations and trespassing on private property. At issue is just that lack of pedestrian crossings on the Canadian Pacific Railway Outremont spur.

I wonder if the bill in its present form is actually necessary. Is this type of large-scale reach the only solution to the illegal crossings that my colleague referenced when she brought the bill forward?

I would like to take a minute or two to look at what is in place presently. My NDP colleague just referred to the Railway Safety Act being vague and confusing, and he gave some examples, but I do not think this bill is going to be the solution to clear that up. The Canadian Transportation Act includes some provisions on rail crossings. Section 100 of the act defines a road crossing as “the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing.”

The member for Laurier—Sainte-Marie says she wants to increase the safety of affected areas where pedestrians are crossing. I believe her approach is sincere, but as I have mentioned, we have questions about the method that she has chosen.

When we try to correct at risk situations, we should be very careful that we do not create new ones. I think that would happen if the bill were passed.

Although it tries to deal with a local issue, the bill would be national in scope, and it should be judged on that basis. Federal legislation already provides municipalities and local authorities with the authority to deal with these types of situations, with the ability to get a railroad to the table to get a crossing built.

Section 101 of the Canada Transportation Act states that if a municipality or a local authority and a railway cannot come to a conclusion and negotiate an agreement to build a crossing, the Canadian Transportation Agency can step in. It can authorize the construction of that crossing. It can determine what percentage of the construction costs each party will be responsible for. It can also determine who will maintain that crossing.

This current process puts the onus on individual local authorities, which is where it should be, to determine whether a new railway crossing is required, where and when that crossing is built and should be built, taking into consideration development plans and how much they are willing to contribute financially to see that crossing built.

The current legislative framework stipulates that if a local municipality or entity and a railway cannot come to an agreement, then the Canadian Transportation Agency can take over and assume responsibility. It can authorize the construction and determine how those costs will be split between the parties, both for the construction of the crossing and for the ongoing maintenance of it.

The minister can already help parties find common ground through various existing policies and can do it in a way that deals with the financial consequences for the stakeholders. As with so many other things, money often ends up being the sticking point on many of these negotiations.

The member told us about her work and the support she had from various agencies. However, the Montreal Port Authority is not one of those agencies that supports her proposed legislative amendment. That is the local entity involved in this situation.

Municipalities have the primary responsibility for their own infrastructure. It makes sense for them to be the ones that decide when, if, and where the railway crossings should be built. It should not be up to the Minister of Transport to determine whether a crossing must be built in a local area. It needs to be given over to the local government to make those decisions, and that is where it should stay.

As I said, the Montreal Port Authority does not support the bill. The rail line affected by the member's initiative serves the port. Setting up new crossings would disrupt port operations. Given a train cannot stop at each grade crossing, the port authority has said the company would have to uncouple and recouple the train and allow people to cross. That would significantly disrupt the operations and increase the risk for company employees and the public. I know the member does not want to hear that as a consequence of her legislation.

When people are crossing at uncontrolled locations, they are in effect trespassing on private property. The sponsor of the bill is saying that just because people are trespassing and putting themselves at risk, the minister has some obligation to build crossings for them. We do not believe this is the case. Increasing the number of pedestrian crossings increases opportunities for people to be injured and/or killed. That is not a good solution to the issue we are faced with here.

Statistics show that railway and road crossings are dangerous for Canadians. Data at the end of October 2016 indicated a total of 89 accidents at road crossings, 16 fatalities, and 20 severe injuries. These problems happen across the entire rail system, not only at these uncontrolled crossings.

We do not see how Bill C-322 in its current form could help improve and solve the problem once and for all. In our view, a broader approach to this is needed. Specific measures should be taken to improve the safety of people crossing railway lines illegally in Canada. We need to come up with a framework to deal with that.

We will oppose the bill because it proposes the wrong solution to the problem in Montreal and other densely populated cities that have rail crossings in them.

The issue is really that pedestrians are trespassing on private property, which typically has industrial activity also occurring, thus exposing people to major danger. The answer is not to give them even more opportunities to be injured and/or killed.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I will start by thanking the member for Cypress Hills—Grasslands, who, during his speech, gave the House a demonstration of how to strain the limits of relevance. One is compelled to think that he perhaps sought out private tutoring from the member for Winnipeg North, but I am confounded as to why.

On the substance of the matter, I would like to point out, in response to some of the arguments made by the member for Cypress Hills—Grasslands, that this is not just a Montreal issue. For instance, there are people from Toronto who are behind the bill and who signed the petition. One said, “Railway lines act as Berlin walls, separately east and west in Toronto. Given the infrequency of trains, they routinely cross safely after railway fence holes have been cut. Legal crossings would make them even more safe while removing the inconvenience of cycling to an opening only to find it's been closed off by the railway. It would be good if the city could put these crossings on an official map.”

Therefore, there is support in places other than Montreal for this.

We know that illegal crossings mean double the number of deaths and casualties compared to legal crossings.

We are talking about giving power to the minister to make that decision. That would not require the minister to make imprudent decisions. That would not require the minister to make those decisions without consulting stakeholders, including the railway. It would just empower the minister and give some leverage, frankly, to communities that would now have a clear place to go to get decisions on having legal crossings put where they feel they need to be put, in consultation with the railway, and to get it done.

Part of the problem right now is that it is not clear who has the authority to get this job done. In fact, that lack of clarity has been promoted and put into evidence by the government itself during the debate on this bill. Initially it said that the minister already had the power, yet today it seems to be silent on the bill in the face of the New Democrats providing a legal opinion that it is actually quite unclear whether the minister actually has that power. We are seeking clarity. If the government wants to be open and transparent, the cornerstone of openness and transparency, at the end of the day, is clarity.

We want to be clear where the power exists to compel the railway, in certain cases, to create these crossings if they do not already exist. We know that communities are asking for crossings. They have made the case for those crossings, yet they are being frustrated, because at the end of the day, practically speaking, if not legally, although we suspect legally as well, the ultimate decision lies in the hands of the railway. That is not right, because there are going to be times when the economic interests of the railway clash with the safety interests of communities, and it should not be the railway that is the ultimate arbiter in those conflicts of interest.

We see that in other communities as well on similar issues. The reason I raise this is that there is a theme with respect to the government's treatment of the railway. For instance, in my community, there has been a serious issue for the residents of Mission Gardens, who have seen a unilateral change in the staging practices of CN behind their homes since an underpass was built for Plessis Road. That has meant that there is pretty much a straight shot between the Transcona Shops and Symington Yards, so the railway has decided to use that as a place to build trains.

Yes, people lived on a main line of the railway. They were quite conscious of the fact that it would mean there would be through traffic back and forth, and they lived with that quite happily for 30 or 40 years. They are now in the very different situation of the railway slamming cars together, building trains. They are getting cracks in their foundations. Their windows are beginning to break. Pictures are falling off the walls. There are diesel fumes in their homes and there is constant noise, which they never had in 40 years of living in that neighbourhood. It is a very significant change to the way they enjoy their properties. It could mean a significant change to the values of their properties in that neighbourhood.

They have been seeking justice from the railway on these issues and on rail safety issues, which is another speech, such as things going on in the Shops and in Symington Yards and trains being used when the machinists and mechanics who look after those trains are saying that they are not safe.

At the end of the day, all of this ends up coming back to the railway itself, because successive Conservative and Liberal governments have taken the approach that they should be hands-off and let the industry regulate itself.

The fact of the matter is that is failing people when it comes to safety on the railway. It is failing people in my community, who have now had their homes, their life at home, and their health affected by a decision of the community. They are trying to go through the CTA process, but it is frustrating and they are up against an army of corporate lawyers. They are being told, and I think this speaks somewhat to the point that the member for Cypress Hills—Grasslands was making, that they should empower local communities.

Local communities are trying to take on the railway. The fact is they do not have the leverage or the support to be able to get that done. That is part of the real frustration. Part of the motivating spirit behind this bill is not about big government; it is about Canadians being able to use their government to get the leverage they should have over major players in their neighbourhood that decide when traffic is stalled, how much noise is in their neighbourhood, and also, in the case of people in Mission Gardens, damage to their homes.

This bill does take the right approach, because it says that the lines of accountability should be clear. It says that Canadians should be able to organize collectively and ask their government to act on their behalf, and to do it with all the leverage of other Canadians who are experiencing similar issues in communities from coast to coast to coast behind them to get action and to get results, instead of always circling back to the railway and then finding out, no surprise, that the railway is not going to budge an inch. The railway has decided what makes more money for the railway, and what is more convenient for it. It does not particularly have to care about what that means for the community around it.

Now, when it is easy for the railway, sure, it is happy to do some community things. I am not suggesting the railways do not do anything for the community. CN has been a sponsor of a number of good projects in our community, whether it is infrastructure projects or community events. However, when it comes down to these issues that conflict directly with the railways' economic interests, that does not mean they always get to win. It certainly does not mean they should get to be the final arbiter of whether or not they are going to win, because it is a clear conflict of interest.

Whether it is major changes to the staging operations that affect the health and safety of Canadians, whether it is whether or not to install a new grade crossing, the minister already has the power to close or modify grade crossings. The idea that we would add to that power, the power to also require a new one, is not some new institution of big government. It is simply a logical expansion of the powers that already exist for the minister, powers that the minister himself or his representatives at various times have claimed that he already has. We are just saying that we should make that more clear, so that there is no question that these decisions ultimately come back to the minister. When Canadians are seeking justice in their community, they will know who to go to and who has the power to do that and to stand up to the railways when they are not willing to listen.

This is a very reasonable tool to give to the minister. It involves discretion. It does not say that anytime someone puts up their hand and says they would like a legal crossing the minister is required to do it. Of course the minister is going to consult with the railway. However, we hope the minister, in a way that the railway is not required and would not feel the need to consult with the community, is going to feel that obligation. We hope the minister would go out and talk to Canadians who are concerned about the operations of the railway in their community, and be able to make an impartial decision, rather than this kind of “leave it to the railway” attitude.

I know a number of guys who work in the yards and the shops close to home. I have seen some pictures of what goes on in the yards and the shops, and I can say that there is a need for more hands-on oversight of certain kinds of questions, particularly with regard to safety. This is a safety issue we are talking about today. Someone has to step in. This sort of trusting that the railways are always going to do what is in everyone's interest is just not the case.

Anyone who has been in a business is going to know that there are different kinds of conversations that have to be had within a business. There is a role for the business leadership. Their role is to maximize profit for their shareholders. That is their legally mandated role. It is not to optimize safety within communities. They are always looking at the bottom line.

I understand that. That is the way our system is set up. I might think there are problems with that and that would be a debate for another day. However, given the current structure of companies and what they are expected to do, and us knowing that, I think we have an obligation to make sure there are measures taken to have an independent third party with the ultimate authority to make those safety decisions. We are putting those companies in a conflict of interest, between their obligation to maximize return for their shareholders on the one hand and our desire to see Canadian communities as safe as possible on the other. Sometimes that is going to mean the railway forking out some extra cash to put in a crossing, and the consequences it means for its operations, a delay here or there.

If we think that is reasonable to ask of them, then we should have the power to do it. The bill would give us the power to do that through the Minister of Transport. That is why it is a good idea.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I listened to my colleague's comments with interest.

Notably, I listened to the comments of my colleague on the Conservative side.

He seemed to be saying that only Montreal has this problem, but that is not true at all. This is a serious issue in places like Toronto too, and a lot of people have taken an interest. It is also a big deal in Saskatchewan and British Columbia. Several organizations in those provinces have expressed support for this bill.

Interestingly, my colleague started off by saying that this is a problem in communities in his riding and that crossings have been closed with no right of appeal and no consultation. My bill can help with situations like that. My colleague said that these situations should be resolved locally. That is the problem.

This has been an issue in Montreal for 25 years, and negotiations have been going on that whole time. My colleague said these decisions should be left to municipal authorities. In Montreal's case, the City has been asking for strategically located crossings for 25 years, but nothing is happening because the company is refusing to co-operate. I think it is the government's job to intervene in situations like this. I am not saying that because we like big government. I am saying it because a government's primary purpose is to keep citizens safe.

There are twice as many accidents at illegal crossings than there are at safe crossings. If the the minister sits down to examine the situation, takes responsibility, takes action if he sees fit, and saves only one life by building crossings in certain locations, then I would feel as though my bill had served a useful purpose. That is one of the minister's key roles.

What is more, it is a simple matter of logic. The minister has the authority to close a level crossing or any other crossing for safety or other reasons. We are talking about level crossings, but sometimes there are bridges or other ways to cross railways. He has the authority to modify them, but he does not have the authority to open a new one grade crossing for safety reasons.

We are not saying that a crossing must be built in a certain location. The bill simply says that the minister should have the same authority to close, modify, or open a crossing.

At one point, the parliamentary secretary indicated that the minister already had the authority to open a crossing. I do not want to question his word, but other government members have had different interpretations of the legislation. We asked for a legal interpretation, and the opinion that we were given is that the existing legislation is unclear. It does not make much reference to the minister's authority.

Why not clarify the act and give the minister equal authority to close, modify, and open level crossings?

I will end there because I can see that I am running out of time. If this bill were to save even one life, I think it would be worth it.

[The Deputy Speaker, Bruce Stanton]

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

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Bruce Stanton]

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Tuesday, May 17, 2017, immediately before the time provided for private members' business.

It being 2:12 p.m., the House stands adjourned until Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 2:12 p.m.)