Bill C-33

Strengthening the Port System and Railway Safety in Canada Act

An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

This enactment amends several Acts in order to strengthen the port system and railway safety in Canada.
The enactment amends the Customs Act to require that, on request, any person in possession or control of imported goods make those goods available for examination in accordance with regulations and deliver those goods, or cause them to be delivered, to a secure area that meets the requirements set out in regulation.
The enactment also amends the Railway Safety Act to, among other things,
(a) add a definition of “safety” that includes the concept of security;
(b) prohibit interference with any railway work, railway equipment or railway operation, or damage or destruction of any railway work or railway equipment, without lawful excuse, in a manner that threatens the safety of railway operations;
(c) prohibit behaviour that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment and unruly behaviour toward employees, agents or mandataries of a company;
(d) authorize the Minister to order a company to take necessary corrective measures if the Minister believes that
(i) a measure taken by the company in relation to a requirement of a regulation made under subsection 18(2.1) has deficiencies that risk compromising the security of railway transportation,
(ii) the security management system developed by the company has deficiencies that risk compromising railway security, or
(iii) the implementation of the company’s security management system has deficiencies that risk compromising railway security;
(e) authorize the Minister to grant, refuse to grant, suspend or cancel a transportation security clearance;
(f) strengthen the administrative monetary penalty regime; and
(g) require a review of the operation of the Act every five years.
The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,
(a) require persons who import, offer for transport, handle or transport dangerous goods to register with the Minister;
(b) provide to the Minister powers relating to the management of safety risks; and
(c) establish an administrative monetary penalty regime.
The enactment also amends the Marine Transportation Security Act to, among other things,
(a) set out the Act’s purpose and allow the Minister of Transport to enter into agreements with organizations in respect of the administration and enforcement of the Act;
(b) set out regulation-making powers that include powers respecting threats and risks to the health of persons involved in the marine transportation system, the sharing of information and the establishment of vessel exclusion zones;
(c) authorize the Minister to make interim orders and give emergency directions and modify the Minister’s power to give directions to vessels; and
(d) create new offences, increase certain penalties and extend the application of certain offences and the administrative monetary penalty regime to vessels.
The enactment also amends the Canada Transportation Act to, among other things,
(a) specify that the Minister may use electronic systems in making decisions or determinations under an Act of Parliament that the Minister administers or enforces and provide that a power of entry into a place under such an Act may be exercised remotely by means of telecommunications; and
(b) reduce the threshold above which the Minister and the Commissioner of Competition must receive notice of proposed transactions relating to a port.
The enactment also amends the Canada Marine Act to, among other things,
(a) set out that port authorities are responsible for management of traffic and create regulatory authorities respecting fees and information and data sharing in respect of that management;
(b) provide the minister with the power to require, by order, the taking of measures to prevent imminent harm to national security, national economic security, or competition; and
(c) require port authorities to establish advisory committees, which must include representatives from local Indigenous communities, require periodic assessments of port authorities’ governance practices and set out new requirements respecting plans and reports relating to climate change.
Finally, it makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act .

(The House divided on the amendment, which was negatived on the following division:)

Vote #410

Strengthening the Port System and Railway Safety in Canada Act

[The Deputy Speaker, Conservative, Chris d'Entremont]

I declare the amendment defeated.

The next question is on the main motion.

(The House divided on the motion which was agreed to on the following division:)

Vote #411

[The Deputy Speaker, Conservative, Chris d'Entremont]

I declare the motion carried.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, on a point of order, I would indicate that the official opposition House leader was not in the proper place to record his vote. That vote should not count so I think we will have to amend the vote totals.

[The Deputy Speaker, Conservative, Chris d'Entremont]

This is a reminder that we should be in our seats when we are taking a vote. It happened on both sides today when that was not the case.

The hon. House leader for the official opposition.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I did try to vote by the app. It did not work, so I came in. I endeavoured to try to save the House time by not getting up after to register my vote so I just did it while the roll call was being done.

Thanks to the parliamentary secretary, I see that my effort was wasted, but I did have technical difficulties so I came into the chamber to register my vote.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Mr. Speaker, on a separate point of order, since the parliamentary secretary to the government House leader is being so particular about the voting rules, which I admire, if there is a review, there was a member who has voted during the last two video votes without a jacket.

[Some hon. members]

Oh, oh!

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, just to provide some clarification to the Conservative opposition House leader, if he was having technical difficulties, that would have been a point of order prior to the vote being announced, so I would suggest that his vote should not be allowed to count.

[The Deputy Speaker, Conservative, Chris d'Entremont]

I am just going to do a review with the table and get back to the House.

The proper course of action if someone is having technical difficulties is to wait until the end and bring it up. I know the hon. member was really trying hard to save us all some time.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I encountered technical difficulties in trying to use the app and I would like my vote recorded as a nay.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am feeling very gracious. I am prepared to give unanimous consent to allow the member's vote to count.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, given all that has transpired, I will seek unanimous consent of the House to have my vote recorded as a “nay”, out of respect to you.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Is it agreed?