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 bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Omar Alghabra  Liberal

Status

Report stage (House), as of Sept. 20, 2024
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-33s:

C-33 (2021) Law Appropriation Act No. 2, 2021-22
C-33 (2016) An Act to amend the Canada Elections Act and to make consequential amendments to other Acts
C-33 (2014) First Nations Control of First Nations Education Act
C-33 (2012) Law Protecting Air Service Act

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

Budget Implementation Act, 2023, No. 1Government Orders

April 25th, 2023 / 9 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is an honour to rise today, as always, here on the territory of the Algonquin Anishinabe nation. To them I say meegwetch.

We are here tonight to debate Bill C-47. Bill C-47 is not the budget. The budget is a different document. It is related, of course, but Bill C-47 contains those legislative changes that are necessary in order to have the measures in the budget, not all of them but some of them, move ahead.

The measures in the budget that are simply allocations of funds that do not require legislative changes will not be found in Bill C-47, and so I find myself strangely in the position, having studied Bill C-47, of thinking I might vote for it, even though I could not possibly vote for the government's budget. The budget has much in it that I could not support, such as increased subsidies for fossil fuels disguised as carbon capture and storage, and the use of fossil fuels to create hydrogen, thus taking what should be a green fuel and making it a fossil-fuel source again. However, the budget implementation act is not that. Let me go over what it is.

The budget implementation act is 429 pages in four parts. The longest part, part 4, has 39 different divisions. They are wide-ranging and cover many different things. In that, let me confirm that this is an omnibus bill, but it is not an illegitimate omnibus bill. It is nothing like Bill C-38 of spring 2012 when the previous administration under Stephen Harper destroyed 70 different acts in one bill with changes that had not been forecast in the budget. That was an illegitimate omnibus bill. This one is a reasonable omnibus bill, because in order to implement the budget, multiple things need to be changed.

For instance, part 1 of this very long bill deals with the Income Tax Act and such things as creating a deduction for tradesmen's tools and going on to divorce and that separated parents can open up a joint registered educational savings plan for their children. There are such things, as we have heard about, related to the new program to cover dental care and changing the tax rules so that CRA can disclose personal information about Canadians so that they can get their dental care. Part 3 deals with air traveller security changes. I could go on and on, because it is 429 pages. By division 39, at the end of the bill, we have changes to the Canada Elections Act to deal with the protection of personal information. This is a wide-ranging bill. It even touches on foreign policy. This next one is good, and I think Conservatives would want to vote for it too. At division 5 of part 4, we remove Russia and Belarus from the most favoured nation tariff treatment.

I want to devote the time I have remaining to talk about one of the longer sections, which relates to issues I have been working on for years and some of which I was ecstatic to see. This deals with division 21, the oceans protection plan.

The budget itself has two references to our oceans. They are both found on page 135, and they are remarkably brief. One says that we are going to protect Canada's whales. Now, this is basically a dressed up repackaging of new money to such departments as Fisheries and Oceans, Transport Canada, Environment Canada and Parks Canada for what the budget claims will be continuing to protect endangered whales and their habitats. That is just fine and dandy, but that is not in the budget implementation act, which is just as well, because I have rarely been as furious, disillusioned or angry.

I am absolutely distraught by the government's April 20 decision to approve this terrible project that goes against the interests of endangered species.

On April 20, what did the government do just in time for Earth Day? It approved a disastrous project that likely spells the extinction of the southern resident killer whale, our Fraser River chinook salmon and numerous other species, including the western sandpiper. It is a project called Roberts Bank on the Fraser River estuary. It will result in basically covering in concrete over 70% of that flood plain habitat. It is an outrage. It is not in the budget implementation act, but it puts the lie to the budget is going to have a section that protects whales. Right. It is hypocrisy writ large. I see other friends from British Columbia nodding. We know. This is an outrage.

The next part of the budget that deals with oceans is, I think, where we see most of the over 60 pages in the budget implementation act, for what is called the division that deals with the oceans protection plan. That probably relates to this one line item of cleaner and healthier ports. Budget 2023 proposes to provide $165.4 million over seven years to establish a green shipping corridor program to reduce the impact of marine shipping on surrounding ecosystems, and there is more to it.

What do we find in the budget implementation act and how is it relevant to what I just read? I have to say there is a lot in here that is just playing catch up with time passing. This bill deals with things such as oil-sourced pollution. Where there is pollution caused by a vessel, we are increasing how much the shipper, the owner of the ship, might have to pay. I do not think it is enough, by the way. It has changed from what was said in the Marine Liability Act, which is already on the books. Believe it or not, in respect of claims for loss of life or personal injury, it was a $1-million limit. This budget implementation act moves it to a $1.5-million limit and so on. That is one specific area.

There is another specific area that I want to mention briefly because I really think it is important. At page 241 of the budget implementation act is a section which says that under the Marine Liability Act, in terms of costs that the vessel owner and company must be responsible for, under the Hazardous and Noxious Substances Convention, they will now be required to compensate indigenous peoples for economic loss in relation to hunting, fishing, trapping or harvesting rights under section 35 of the Constitution. It is a better recognition of indigenous rights.

There is much here but I do want to concentrate on what was, for me, what I have been hoping for, for some years. Ironically, about a week before the budget implementation act came out, I wrote to the Minister of Finance, Minister of Transport, Minister of Fisheries and Oceans and Minister of Environment to ask if we are ever going to see any measures to implement the Wrecked, Abandoned or Hazardous Vessels Act. Are we ever going to see the promised vessel remediation fund? Is it going to be in the budget implementation act? Surprise, it is. It is found at section 430, page 277 for anyone reading the budget implementation act at home. I have to wonder about their lives if they are reading the budget implementation act at home, especially if they are reading it out loud to their children. It will certainly put anyone to sleep.

It is very exciting because we passed the Wrecked, Abandoned or Hazardous Vessels Act four years ago, in March 2019. We were excited on that day that we got it done. Most people here who do not live in coastal areas would not know what a hazard it is to have an abandoned vessel, somebody's old sailboat. They are fibreglass. If somebody owns them and they are moored in the harbour, moored in navigational lanes, getting rid of them is really hard.

In Atlantic Canada, it is not so hard, because over the course of the winter any abandoned boat will be smashed to bits and gone by spring, but if someone lives along the coast of the Salish Sea or along British Columbia's coast, the boats are there almost forever. In a time when we have the horror of people who are inadequately housed, many people who are homeless will move onto these vessels and live there. They are unsafe.

Once we got the act passed, we thought we had solved the problem, but then the government refused to act. I have constituents who say there is an abandoned vessel and ask if we will do something. The Coast Guard, DFO and Transport Canada all pass the buck and do not move the vessel. The problem is they do not have the money, they say.

Now we have this new fund. Details will come out on how it is going to work in regulations, but I could not be more pleased that we now have a vessel remediation fund and additional powers for the Minister of Transport. There are other related measures in Bill C-33 which we have not yet debated in this place but maybe, just maybe, the budget implementation act, at long last, will allow us to implement the Wrecked, Abandoned or Hazardous Vessels Act.

With that I will close.

Business of the HouseOral Questions

March 9th, 2023 / 3:10 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I will start with joining the member opposite in wishing all who are recognizing Saint Patrick's Day a very happy Saint Patrick's Day. I can say that, with some roots of mine that come from Tipperary, I will join them in celebrating that day.

Also, I hope all members have the opportunity over the constituency week to be with their constituents and their families. I hope that it is productive for them, and I look forward to seeing all members back in this place.

With respect to the question on hostile state actors, the member opposite knows of our shared commitment to repel such forces, and I look forward to working with him. I appreciate his very helpful suggestions as to where that might fall on the calendar, and I look forward to fruitful discussions as to what might take place on those two mysterious days.

However, I can say that tomorrow we will begin the debate at second reading of Bill C-33 concerning port systems and railway safety.

I would like to inform the House that Monday, March 20, and Wednesday, March 22, shall be allotted days.

Finally, on the Tuesday of that week, we will resume second reading debate of Bill C-23, the historic places of Canada act.

Business of the HouseOral Questions

February 16th, 2023 / 3:15 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I appreciate my hon. colleague's very sincere effort, I am sure, to lay that on the record. I am sure he is in shock that there was not unanimous consent. However, my hon. colleague can rest assured that, when it comes to climate change, we will not allow inaction to be the rule of the day and that we will absolutely continue to take action to make sure climate change does not ravage this planet.

I do want to pick up on the second-last comment that the hon. opposition House leader made, which were comments with respect to Family Day. I hope that he, and indeed all members in the House, take time with their families and with their constituents, and that they return to this place in good health.

Tomorrow, we will resume debate on Bill C-34 to amend the Investment Canada Act at second reading.

Upon our return on Monday, March 6, we will call Bill C-27 on the digital charter, at second reading.

Tuesday shall be an allotted day.

On Wednesday, we will commence debate on Bill C-33 concerning the port system and railway safety.

Thursday will not only be the opportunity for my hon. colleague's favourite time of the week, another Thursday question, but we will also resume debate on Bill C-23 respecting historic places, at second reading.

On Friday, we will continue second reading debate of Bill C-26, the cybersecurity legislation.

Marine TransportationOral Questions

November 24th, 2022 / 3:15 p.m.


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Mississauga Centre Ontario

Liberal

Omar Alghabra LiberalMinister of Transport

Mr. Speaker, over the last couple of years, we have seen global supply disruptions that have impacted our supply chains at home. Because of that, we have seen congestion at airports and an increased number of vessels anchored next to our coast.

I have been listening to constituents on the coast, particularly where the hon. colleague is raising the point. I want to assure her that we are putting together an action plan to address this. We tabled Bill C-33 just two weeks ago. It will introduce new tools to help mitigate the traffic of the vessels. We will work with her and constituents to make sure that we manage this adequately.