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

Sponsor

Omar Alghabra  Liberal

Status

Report stage (House), as of Sept. 20, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-33.

Summary

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

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 .

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.

Votes

Sept. 26, 2023 Passed 2nd reading of Bill C-33, 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
Sept. 26, 2023 Failed 2nd reading of Bill C-33, 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 (reasoned amendment)
June 12, 2023 Passed Time allocation for Bill C-33, 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

Strengthening the Port System and Railway Safety in Canada ActGovernment Orders

September 21st, 2023 / 10:35 a.m.


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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Madam Speaker, the issues I raised in my speech about Bill C-33 are all related to supply chain needs. They are related to the connection with rail, marine and air services, which all interconnect to help improve our supply chain. As we know, for the past three or four years, we have had major challenges, particularly during the pandemic, when Canadians could never get services on time or get products they needed. This is all about improving efficiency over the entire transportation network.

Strengthening the Port System and Railway Safety in Canada ActGovernment Orders

September 21st, 2023 / 10:20 a.m.


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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Madam Speaker, Canada's ports are indispensable links in our country's supply chains. In co-operation with other modes in the transportation network, they help grow our economy, create middle-class jobs for Canadians, deliver affordable goods and support Canada's growing export industry.

Canada's long-term prosperity is dependant on the competitiveness of this transportation network. This is, in part, determined by the reliability of each mode to move goods swiftly and cost efficiently. The ability to make data-driven decisions and the capability to plan for and make timely investments are critical. To ensure Canada's competitiveness now and into the future, ports require modernized tools and approaches to thrive in an increasingly global environment.

Other countries are pulling ahead of Canada. In the race to establish a fluid and agile transportation network, they have already established end-to-end systems, level approaches that consider each mode and link in the supply chain. All of this is informed by data and information sharing. To remain competitive, our government needs to adopt a comprehensive approach to supply chain planning.

Bill C-33 considers ports as central nodes in a complex, interdependent system and enables them to capitalize on their important position in Canada's intricate supply chain. The tools proposed in this bill would be informed by a cohesive data strategy that would enable prioritization of fluidity, responsiveness and agility.

A well-functioning transportation system requires and relies on the availability of vast amounts of data. Ports are nexuses where transportation modes converge. They present a unique opportunity to leverage untapped data to unlock and build an adaptable, responsive and resilient trade network. Furthermore, a resilient trade network requires continued development and growth to be provided through investment. To ensure that investments continue to serve the public as intended, they must be assessed against clear objectives.

The need to deliver a modern transportation network has never been clearer. Canadians are facing the rising cost of goods and services and product shortages. Inflation continues, and Canadians are struggling to keep up. Taking action to improve the competitiveness of the transportation network is key to making life more affordable for Canadians.

Bill C-33 seeks to enhance efficiency, facilitate data and information sharing, and maintain sustainable investment. These are the keys to ensuring that our transportation network continues to support Canada's economy and improve the life of every Canadian.

To that end, Bill C-33 would enable three competitiveness reforms that would provide ports with the tools and mandate to better manage traffic and ease congestion with the goal of enhancing gateway fluidity; empower port authorities, through the collection of data and information, to support efficient and informed planning to support resilient operations; ensure port investments align with public interests and that investments continue to be managed sustainably.

I will first speak to the need to provide ports with the tools and mandate to better manage traffic.

From end to end, ports and exports touch multiple transportation modes: marine, rail and road. These interdependencies make up Canada's transportation network, which requires a systematic approach to planning, development and traffic management. Bill C-33 would broaden the scope of the Canada Marine Act to mandate port authorities to work with the supply chain stakeholders to actively manage commercial traffic, including vessels anchoring while waiting for cargo, and allow for sequencing of rail services.

Ensuring that ports take a more direct role in traffic management would mean faster handling of ships, improvements to the fluidity of traffic flows at ports and maximizing the efficiency of supply chain operations. Additionally, the bill would enable Canada port authorities to create inland ports. Importantly, this would allow new ways of doing business that optimize terminal throughput, alleviate congestion in our urban centres and position our supply chains on a more resilient footing.

These tools would reframe the basis for collaboration between supply chain actors and Canadian port authorities. Port authorities would be empowered to take a more active role in managing the supply chain, including taking concrete actions to address congestion. However, unlocking the ability of ports to better manage traffic and ease congestion requires enhanced data and information sharing among partners.

The second main reform proposed is in support of greater competitiveness in data collection and information sharing among partners. Bill C-33 would allow ports to leverage data to better orchestrate traffic and inform port planning and smarter decision-making. As we look to best practices, governments and industry partners around the world have already improved efficiency, safety and productivity across entire supply chains by transforming their ports into data hubs. Canada needs to keep pace if we are going to remain a competitive trading nation.

As members of the House know, private investment has been a key to our competitiveness. This is also true for our ports. Private investment in our ports has been essential to the development of the port services we have today, and this will continue to be the case in the future. It is therefore critical that we continue to foster a clear and predictable investment climate while ensuring such activities support port sustainability and the public interest.

Bill C-33 would provide the government with more insight into strategic port investments by broadening the scope of reviewable transactions. Over the past number of years, Canada port authorities have called for greater financial flexibility to enhance their ability to harness investment and respond to development opportunities. Bill C-33 seeks to provide port authorities with increased borrowing and financial flexibility, balanced against the financial risks to the Crown and to Canadians. To that end, Bill C-33 would establish a triennial review of Canada port authorities' borrowing capacity.

In summary, the suite of measures found in Bill C-33 would provide the tools needed to optimize port operations, enabled by modern digital solutions, and maximize investment and capacity development grounded in clear rules that maintain ports as attractive and sustainable assets. Taken together, these measures would ensure that our ports remain resilient, efficient and competitive.

Canadians have witnessed first-hand the need for such reforms. I hope I can count on my fellow members of Parliament to support this bill.

Strengthening the Port System and Railway Safety in Canada ActGovernment Orders

September 21st, 2023 / 10:20 a.m.


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Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Madam Speaker, nothing can be further from the truth. We know that we have gone through a very difficult time over the last three or four years with the supply chains and the pandemic. Our ports have suffered because of that.

Bill C-33 would modernize the way Canada's marine and railway transportation systems operate. We would remove systemic barriers to create a more fluid, more secure and resilient supply. The bill would expand port authorities' mandate over traffic management. All of those are very positive efforts. This bill will go to committee and be looked at in greater detail, and I look forward to seeing this through.

Business of the HouseRoutine Proceedings

June 15th, 2023 / 4 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I am very glad to respond on behalf of the government.

This afternoon we will continue debate on Government Business No. 26, concerning amendments to the Standing Orders. When debate concludes later this evening, we will consider Bill C-35, respecting early learning and child care, followed by Senate amendments to Bill C-9, concerning the Judges Act.

Tomorrow we will consider Bill C-42, respecting the Canada Business Corporations Act, at report stage and third reading, and Bill S-8, respecting sanctions.

The priorities for next week shall include Bill S-8, on sanctions; Senate amendments to Bill C-18, respecting online news; Bill C-40, concerning the miscarriage of justice review commission act, also known as David and Joyce Milgaard's Law; and Bill C-33, which strengthens the port system and railway safety.

Thursday shall be an allotted day.

Finally, I request that the ordinary hour of daily adjournment for the next sitting be 12 midnight, pursuant to order made Tuesday, November 15, 2022.

Bill C-33—Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 12th, 2023 / 12:25 p.m.


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Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, I understand that Bill C-33 is the minister's baby. When ministers introduce bills that fall under their department's jurisdiction, they are usually very eager to see the bill in question take effect. In a way, I think it is to the minister's credit that he is pushing to advance his files and that he is excited at the idea of seeing his bill passed.

However, it is important for the House to have the opportunity to properly debate the bill, propose amendments and thoroughly examine it. Personally, I do not think that five hours of debate was sufficient. There are all sorts of issues on which we might have liked to make adjustments or changes.

Take, for example, small ports. The minister can comment on that. There are new obligations for ports that may be a good way to increase accountability. However, not all ports have the same resources as the Port of Montreal or the Port of Vancouver. Other ports are a lot smaller, and it could make things difficult for them if the government imposes a lot more obligations on them than they had to meet in the past.

I would like to know whether the minister is open to making accommodations for these ports that have different realities.

Bill C-33—Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 12th, 2023 / 12:20 p.m.


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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Mr. Speaker, in his speech on Bill C-33 on March 10 of this year, the member for Chilliwack—Hope remarked:

There is nothing in this bill about what would happen to our supply chains and our international reputation when there are labour disputes that impact the supply chain either at the ports or on our railways.

It sure sounds as if he wants the government to interfere in the collective bargaining process, which often happened when the Conservatives were in power.

Can you comment on this and, in general, on how they treated workers at our ports and railway systems compared to our government's approach?

Bill C-33—Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 12th, 2023 / 12:10 p.m.


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Liberal

Omar Alghabra Liberal Mississauga Centre, ON

Mr. Speaker, I want to thank my hon. colleague for his work and diligence at the transport committee. As he is the transport critic for the NDP, we have been working together on advancing the public interests of all Canadians, including on safety in the rail network.

I had conversations, including here in the House of Commons, in the chamber, during the first debate on Bill C-33 with my hon. colleague, the transport critic for the Conservatives. I encouraged him to work together on making sure that we pass a good bill for Canadians. Unfortunately, as my colleague said, I have seen no sign of their willingness to work together on a bill that is of paramount importance to Canadians and our supply chains.

Bill C-33—Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 12th, 2023 / 12:05 p.m.


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Liberal

Omar Alghabra Liberal Mississauga Centre, ON

Mr. Speaker, I want to thank my colleague for his work on the transport committee and his co-operative attitude in making sure that we work together collaboratively to ensure that all laws passed in the House of Commons, including Bill C-33, are intended to serve Canadians.

To his question, the answer is obvious if we follow the words of the leader of the official opposition. He publicly said that he is going to use all tools, tactics and tricks to delay our agenda, which is necessary to serve Canadians, from passing through the House of Commons. If the leader of the Conservative Party were following a co-operative and positive attitude to vigorously debate bills but ensure that we pass them for the service of all Canadians, we would not be here.

Bill C-33—Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 12th, 2023 / 12:05 p.m.


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Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, I want to express my disappointment with the closure motion on Bill C‑33.

It is disappointing because I believe that this bill has some potential and could improve things to some extent. In the past, I have had discussions with the minister that seemed very encouraging. I hope that we can continue to work in that spirit. I particularly hoped that we, as parliamentarians, would have the opportunity to debate the bill before sending it directly to committee.

I have a simple question for the minister. Why did the Liberals think it was necessary to invoke closure for Bill C‑33? Regardless of whether the bill is good or not, I hope that we will eventually have the opportunity to debate it.

Bill C-33—Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 12th, 2023 / noon


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-33, 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, not more than five further hours shall be allotted to the consideration at second reading stage of the said bill; and

That, at the expiry of the five hours provided consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Business of the HouseGovernment Orders

June 8th, 2023 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, inflation is a global phenomenon. It is good that Canada is below the OECD average. It is also below the G7 average, the G20 average, the U.S., the U.K., Spain, Germany and many other countries. Of course, that is not good enough. We have to continue to lead and do everything we can. That is why I am so proud that this House just adopted a budget with critical measures to help Canadians in every corner of this country with affordability, because we are not going to fix the problem of global inflation by slashing support to the most vulnerable.

After passing the budget, this House has important work to do over the next two weeks.

It will start this evening as we resume debate on Bill C-35, on early learning and child care, at report stage. Once that debate is done, we will resume debate on Bill C-33, on railway safety. Tomorrow, we will debate Bill C-41, on humanitarian aid. On Monday at noon, we will begin second reading debate of Bill C-48 concerning bail reform, and then we will go to Bill C-35 at third reading after question period. On Tuesday we will call Bill S-8, on sanctions, at report stage and third reading.

On top of this, priority will be given to Bill C-22, the disability benefit, and Bill C-40 regarding miscarriage of justice reviews, as well as our proposal to implement changes to the Standing Orders, which were tabled earlier today, to render provisions with respect to hybrid Parliament permanent in this House.

Furthermore, I have a unanimous consent motion that I would like to propose in relation to the debate tomorrow.

I move:

That, notwithstanding any standing order, special order or usual practice of the House, in relation to Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts:

(a) the amendment in Clause 1 adopted by the Standing Committee on Justice and Human Rights, which reads as follows:

“(a) by adding after line 26 on page 1 the following:

(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international law while using reasonable efforts to minimize any benefit to terrorist groups.

“(b) by deleting lines 15 to 19 on page 2.”

be deemed within the principle of the bill; and

(b) when the bill is taken up at report stage:

(i) it be deemed concurred in, as amended, on division, after which the bill shall be immediately ordered for consideration at the third reading stage,

(ii) not more than one sitting day or five hours of debate, whichever is the shortest, shall be allotted for consideration at the third reading stage,

(iii) five minutes before the expiry of the time provided for government orders that day, at the conclusion of the five hours allocated for the debate, or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the said stage of the bill shall be put forthwith without further debate or amendment, provided that, if a recorded division is requested, it shall be deferred pursuant to order made Thursday, June 23, 2022.

Bill C-33—Notice of Time Allocation MotionStrengthening the Port System and Railway Safety in Canada ActGovernment Orders

June 7th, 2023 / 8:35 p.m.


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Brampton West Ontario

Liberal

Kamal Khera LiberalMinister of Seniors

Madam Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-33, 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting of the House a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

June 7th, 2023 / 7:20 p.m.


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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I was talking about the three rail workers who lost their lives near Field and how inspiring it has been to work with their family members to create a legacy of safety for other railroad families.

There are a number of recommendations in the report we are debating this evening that relate specifically to this. Before, I mentioned fatigue and rest facilities; these points are reflected in the report. However, specific to the incident near Field, there is a recommendation in this report calling on the federal government to address the profound conflict of interest that exists when rail companies are able to employ private corporate police forces to investigate their own accidents.

In the case of the Canadian Pacific incident, the first people on the scene were employees of the company. Their first call was to corporate risk management. This is not how potentially criminal investigations should be conducted. The families of these men deserved an objective and transparent investigation. I am pleased that the RCMP eventually undertook an investigation, which is ongoing, but we need to ensure for any future accidents that, when tragedy strikes, these companies are not able to use their own private police forces to investigate. This report leads us in that direction. Time is certainly of the essence.

I want to talk a bit about the concerns of communities, particularly around emergency response. In northwest B.C., we have seen a tremendous increase in the transport of dangerous goods by rail, particularly liquid propane. This is a result of port development in Prince Rupert, which has really been welcomed by the region and has brought a tremendous number of economic benefits. However, the reality is that this development has also increased rail traffic, and in particular, the transport of dangerous goods. When communities look at the tragedy that happened in Lac-Mégantic or the recent tragedy in East Palestine, Ohio, they are very concerned about what the worst-case scenario could look like. This report from the Standing Committee on Transport includes recommendations that speak specifically to emergency response.

Many of the small communities the railroad passes through in northwest B.C. are protected by volunteer fire departments. These are fire departments staffed by community members, who dedicate their time out of an ethos of community service. They have limited budgets, limited equipment and limited ability to fight the large industrial fires that could result from the transport of dangerous goods.

I will actually mention that, on March 21, there was a rail fire in my home community involving a single car of a relatively innocuous substance that caught fire. It took two fire departments, both Smithers and Telkwa, to put it out. They responded with 17 members from Smithers, five members from Telkwa and five pieces of firefighting apparatus. They put over 20,000 litres of water on this car to put it out. It was quite an effort. I was reflecting on the words of the deputy fire chief, Alle Jan de Vries from Smithers. He said that they were able to deal with that size of an emergency, but a larger situation involving several railcars would quickly outstrip their capacity as a fire department.

This, of course, comes back to the federal government's responsibility to protect communities. My concern, and the concern of many people across Canada, is that in this era of self-regulation and the hands-off approach of the federal government, these companies are able to rely on a municipal fire response that cannot deal with the worst-case scenarios that we are talking about.

In this report from the committee, we have recommendations related to maximum response times. This is something that community members deserve to know. They deserve to know when help is going to show up. Is it going to take one hour, two hours or five hours? What resources will the help show up with? In our region, we understand that there are specialized caches of equipment and personnel, but they are several hours away. Of course, we know that, in a fire involving dangerous goods, a lot can happen in a couple of hours. Therefore, it is absolutely vital that the federal government do a review and ensure that communities are properly protected for these larger events.

I want to recognize the work of the Regional District of Bulkley–Nechako, which is completing a gap analysis on rail safety. This is being done to better understand in detail where those vulnerabilities exist, so that, as communities, we can clearly communicate our needs to the federal government and ensure that people are protected.

Of course, there are numerous indigenous communities along the railroad as well. In many cases, Indigenous people in western Canada have a difficult history with the railroad. I think of the elders in Gitsegukla, whom I spoke with. They described how the railroad came through their village and right through their graveyard. They also described how their land was taken, but they were never compensated for it. There are still outstanding concerns about the impact of the construction of the railroad over 100 years ago on their community, and today, they share many of the concerns with respect to emergency response and the transport of dangerous goods. I want to give special recognition to the Kitselas First Nation, which also presented before the committee and provided testimony on its work to evaluate the risk to its community of from rail transport.

Finally, I want to talk a bit about the environment. The other big risk from rail transport relates to potential environmental impacts. I just spoke about the Kitselas, who are people of the Skeena River. The railroad in northwest B.C. runs right along the Skeena, which is British Columbia's second-largest wild salmon system. All five species of wild salmon swim up the Skeena, so the communities are very concerned about what would happen if there were a derailment that resulted in dangerous goods, especially persistent fuels like diesel, spilling into the river. They are concerned about what the response would be, how effective it would be and how long it would take.

I want to talk a bit about some of the safety systems that are currently in place and the concerns around them. If we think about safety management systems, these are the tools the federal government really leans on most heavily in ensuring some semblance of safety in the rail sector. I want to recognize the work of Bruce Campbell, who has done a lot of thinking about safety management systems and their place in the management regime related to rail. Bruce wrote a book about the Lac-Mégantic tragedy and has travelled to northwest B.C. to help communities understand what the risks are.

The Auditor General has expressed serious concerns about safety management in the rail sector, particularly the federal government's lack of effectiveness monitoring. Rail companies are required to have these safety management systems, but as of the Auditor General's last report, there had not been enough done to evaluate the effectiveness of those systems. If we do not evaluate whether these systems create better safety, how do we know that they are effective? That is the question we have to ask.

Of course, safety management systems were never meant to replace conventional regulations, monitoring and enforcement. However, what we see today is really a regime of self-regulation by the rail companies. We see far too few inspections by a federal department, Transport Canada, which simply does not have the resources to do the job that is required. The report from the committee speaks to this. We need more unannounced inspections to ensure that companies are following the rules, that materials are being transported safely and that the conditions that workers are working under are safe. One of the themes in this report is ensuring that the federal government has resources commensurate with the challenge of managing this important industry.

Earlier, when I spoke about East Palestine, I was noting a remark in the media from the chair of the Transportation Safety Board, shortly after that incident happened. She said that, in her opinion, she could not clearly state that such an incident would not be possible in Canada. Part of the reason for that remark was that she has seen how slowly the federal government addresses the recommendations that come from the Transportation Safety Board. We need the government to be much more responsive to those kinds of recommendations, and I think some of the actions the government could take are in this report.

This report is being debated at a very timely point, because, in the very near future, we will be resuming debate on Bill C-33, which is the government's proposed legislation related to ports and the supply chain, including rail safety. It includes a couple of amendments to the Railway Safety Act that stem from the Railway Safety Act review in 2017. Notably, however, this legislation is silent on almost all the recommendations in the committee's report that we are debating tonight.

That is a real missed opportunity, because what this report represents are the concerns of rail workers, communities, several first nations and others who are impacted by the transport of goods by rail. Therefore, I would hope that the government would take these concerns seriously. I have spoken to the minister, particularly about the rail police concern and the emergency response concern in communities, and we expect the government will table additional legislation specifically related to rail safety so we can address these long-standing concerns.

I started by talking a bit about the importance of the railroad, not just in the region I represent but right across Canada. I do not think any of that importance takes away from the need for us to ensure the safety of the people who work on our railroads, to ensure the safety of the communities through which the railroad passes and to ensure the safety of our environment, which, of course, is so very precious. As we continue this debate and think about how we can make the rail sector safer for all Canadians, I want us to remember the people this is about: people like Andrew Dockrell, Daniel Waldenberger-Bulmer and Dylan Paradis, people who have been affected by the government's lack of oversight and lack of regulation in the rail sector.

I hope that, through this debate, we can reflect on the 30 recommendations in this report and that we can really think about what actions are needed; summon the resolve, as Parliament; and put pressure on the government to finally take those actions.

Again, the reality is that none of us wants to think about the worst-case scenarios. In my conversations with people around the region and within the federal government about rail safety, people rarely want to talk about what happens when the unthinkable occurs. They say that they are making the trains go slower so it is less likely they catch on fire. They say that the tank cars the trains are carrying have thicker walls and they are less likely to be punctured. However, it behooves us to think about what those worst-case scenarios are and to ensure that we have plans in place, that we have regulations, that we have monitoring and that we have enforcement that protects the people who matter the most.

April 20th, 2023 / 12:40 p.m.


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Deputy Minister, Department of Transport

Arun Thangaraj

As we saw, what became very clearly apparent is the role that ports play in the smooth movement of goods and services, and the supply chain task force did highlight that very clearly. A key element, as the previous questioner noted, is how rail functions in and out of ports and how trucks work.

We are very focused on how we make the full port system work. Part of Bill C-33 enables all of those things—fluidity, environment and other considerations—to be integrated in the decision-making of ports. Part of what we are looking at is also the digital information to ensure that the infrastructure is used to its maximum effectiveness. There was a recent call, as part of the national trade corridors fund, to that end. There are various initiatives that we have that really do coalesce around making ports function as efficiently and as effectively as possible.