Omar Alghabra Liberal
Report stage (House), as of Sept. 20, 2024
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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 .
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.
Gabriel Ste-Marie Bloc Joliette, QC
Madam Speaker, transporting oil by rail is very risky. The problem with pipelines is that they do not replace rail transportation to the pipeline. They actually increase transportation capacity. Pipelines are therefore risky too and do not do away with rail transport. The overall risk goes up. That is very concerning.
The government must make the safety of its citizens its top priority.
Mario Simard Bloc Jonquière, QC
Madam Speaker, I thank my colleague for Joliette for giving me such a fine introduction. If I had the misfortune to cough during his presentation, it is because my eloquence pales in comparison to his. I was somewhat nervous. I hope he will forgive me.
The Bloc Québécois is voting in favour of Bill C‑33 on the grounds that rail activities need to be constantly regulated and inspected. To begin, let us remember that Bill C‑33 seeks to modernize the different laws on railways, ports and transportation of goods. The provisions in Bill C‑33 follow the recommendations of the supply chain task force, which was formed in March 2022 by the Minister of Transport.
The task force's mandate was to study the recent supply chain disruptions, namely the COVID‑19 pandemic, climate change and floods in British Columbia. I would like to take a look, with my colleagues, at some of the task force's mandates and perhaps come back to a problem that currently exists in Quebec. The task force's mandate includes the following:
...examine pressing supply chain congestion and fluidity issues in the Canadian and global contexts [and assess] the range of impacts on Canada's economy, including on the volume and value of trade and the capacity of infrastructure assets to accommodate trends in flows;
[note] collaborative opportunities to support a resilient North American and global trade network and address congestion by accounting for actions taken or considered by like-minded countries;
[work] with experts and partners in the Canadian and global contexts to identify structural weaknesses, policy or regulatory impediments, and/or market power imbalances that impact competition in modal and multi-modal sectors;...
[and, finally, establish] areas of action/recommendations that could be directed to federal and other levels of government and industry, to reduce congestion and improve the fluid and predictable operation of transportation supply chains.
The task force's mandates highlight the importance of making our supply chain fluid. Many people in Quebec noted a problem that may be unique to Quebec: access to railcars. Access to railcars has become very difficult. That is what I heard from people in the forestry sector, especially people at Chantiers Chibougamau, who are going through a very tough time. Our thoughts are with them.
In case some of my colleagues get the opportunity to go to Chibougamau someday, I just want to mention that the glued-laminated timber structures made by Chantiers Chibougamau are really spectacular. Unfortunately, they cannot use CN cars because access is restricted. That is also the case for Resolute Forest Products and many businesses working in the forestry sector.
In the next few months, these people will emerge from a significant crisis. We are not talking about that today, which is okay given that we are focusing on our efforts to support the people who have been evacuated from their homes. However, once the fires are put out and we get back to normal, we will realize that a lot of very expensive equipment was destroyed by the fires, and this will weaken the forestry sector, which is already suffering because of the ongoing trade dispute with the United States.
If we add to that the recurring logistics problems that these people have getting access to railcars, then things get even more difficult for them. The problem of accessing railcars was pointed out some time ago. Logistics experts at Resolute Forest Products showed me the losses they incur by not having access to railcars.
I think that the panel's mandate mentioned this idea of fluidity, but, unfortunately, we are not quite there yet. Even though certain critiques have been formulated and certain problems have been identified, it must be said that the bill responds to several recommendations from the task force's report, and we believe that a number of the measures in the bill will help improve railway safety.
The Bloc Québécois welcomes the creation of secure areas to reduce congestion at ports, the creation of a monetary penalty regime for safety violations, the strengthening of safety management systems and the prohibition on damaging railway structures or interfering with railway operations. However, if the bill is referred to committee, the Bloc Québécois will ensure that the proposed measures do not place a disproportionate administrative burden on small ports such as the Port of Saguenay, which is thriving these days.
I would like to come back, as my colleague from Joliette did, to the specific case of Lac‑Mégantic. I am sure that everyone remembers where they were on July 6, that fateful day, when the train came tearing down the hill near Lac‑Mégantic at 1:15 in the morning and derailed. It exploded in the middle of the town. When members are not busy, in the evening perhaps, I recommend that they watch Alexis Durand-Brault's TV series, which is quite interesting, as well as Philippe Falardeau's documentary, which shows the full scope of the tragedy and the way it left many people forever scarred.
These permanent scars could have been avoided with a bypass addressing the criticisms of Lac‑Mégantic residents. Unfortunately, last February, Public Services and Procurement Canada tore up the agreements it had signed with 17 landowners in Lac-Mégantic, Nantes and Frontenac and decided to forcibly expropriate their property instead. The federal government decided to expropriate these 17 landowners, even though, I must point out, it had already come to mutual agreements. This option allows it to avoid having to take into account the challenge led by UPA de l'Estrie and the authorization required from Quebec's Commission de protection du territoire agricole, which must be decided by Quebec's administrative tribunal.
The approach taken by the government on this issue is quite simply appalling. It is a bit of a cowboy approach. The ink was not yet dry on the agreements it had just reached when it promptly turned around and reneged on them. This is consistent with how the federal government has handled the rail bypass file over the past 10 years, sometimes in a disrespectful, expeditious and, dare I say, inhumane and perfidious manner.
The people of Lac‑Mégantic have already suffered enough because of this tragedy. The federal government must not add insult to injury by expropriating them in spite of signed agreements. After dragging its feet on the bypass project for a decade, and with the 10th anniversary of the disaster right around the corner, Ottawa, with typical arrogance, prefers to push everyone else around to make up for lost time, rather than do the right thing. This is certainly not the way to win back the trust of the people of Lac‑Mégantic.
The Bloc Québécois asked the government to take note of the fact that Quebec has its own legal processes and decision-making bodies, and in no way should they be ignored or circumvented by the federal government on the bypass file. Our political party also wishes to point out the importance of the Lac‑Mégantic bypass, which is much more than an ordinary infrastructure project. Rather, it is a social healing project. Consequently, if the government wants it to succeed, it must act respectfully towards residents.
Strengthening the Port System and Railway Safety in Canada ActGovernment Orders
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, like the speaker before him, the member talked about the legislation in a relatively positive way. He was maybe questioning some of the timing of it. I think it is important for us to recognize that we have had a great deal of consultations and work that has been done. We have had two reports dealing with different aspects of the legislation, which were commissioned back in 2017 and 2018. We have had a lot to deal with in regard to the supply chain, which we witnessed throughout the pandemic.
I think what we have today is good, solid legislation, and I understand the Bloc supports sending the legislation to committee. Does the member, or does the Bloc, have any sort of specific amendments they would like to see at this time that they would be prepared to share with the government in advance of the bill's potentially being sent to committee?
Mario Simard Bloc Jonquière, QC
Madam Speaker, I would say there is still a bit of work to be done, especially on small ports. That was pointed out earlier. I think the committee will also have some issues to address, such as how hard it is for us to get certain railcars in Quebec.
If the goal is to make our supply chains more fluid, we cannot do so just for the oil and gas sector. We also have to do it for other economic sectors. Difficulty getting railcars seems common among forestry stakeholders.
Lindsay Mathyssen NDP London—Fanshawe, ON
Madam Speaker, I know that about a year ago, several CN workers were on strike. They were signal and communications workers. These workers deal with a lot of safety issues and were concerned about their own safety and the safety of their comrades. The fatigue that a lot of train operators talk about was one of their key concerns, and they went on strike to fight for it. They had to fight for their own safety.
I know that the national supply chain task force report from last year had six recommendations about worker safety. The Standing Committee on Transport, Infrastructure and Communities had four recommendations on safety. None of those are in this bill.
I would like to hear the member's response and reaction to that.
Mario Simard Bloc Jonquière, QC
Madam Speaker, as my colleague from Joliette pointed out in his speech earlier, the Mégantic tragedy happened in part because there was only one train conductor.
I am sure the committee will do that work. It will have to hear from workers' representatives too. That awareness is important. I quite agree with my colleague.
Gabriel Ste-Marie Bloc Joliette, QC
Madam Speaker, I thank my intrepid colleague for yet another excellent speech.
I would like to hear more from him about the importance of logistics and access to railcars for the forestry sector. He talked about Chantiers Chibougamau, for example, which is doing excellent work. Of course, our thoughts are with them.
When railcars are not available and they have to get materials out—by truck, I suppose—is there not a better, cheaper way to do it that is also better for the environment?
Mario Simard Bloc Jonquière, QC
Madam Speaker, that is such a relevant question.
Indeed, if members can recall, there was the announcement in Montreal concerning work to be done in the tunnel. We expected there would be massive congestion in the years to come. It is in this context that the people from Chantiers Chibougamau informed me that since they would not have access to those railcars, they would add between 35 and 60 trucks per day to Montreal's highway system.
Besides the fairly large logistical problem for these businesses, there is also the environmental cost to pay for putting more trucks on the road because of failed logistics. There is a fairly large economic cost for Quebec's businesses.
From what I have heard, this problem would be unique to Quebec because in Ontario a railcar shortage would not be felt in the same way.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Madam Speaker, I first want to begin by asking for unanimous consent to split my time.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
I have received notice from all recognized parties that they are in agreement with this request.
The hon. member for Churchill—Keewatinook Aski.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Madam Speaker, I will be splitting my time with my colleague, the member for Timmins—James Bay.
I rise in the House to share the NDP's support at this time for this bill at second reading, with the clear understanding that there are some major shortcomings with Bill C-33 and that there have to be substantive amendments made going forward.
One of the key concerns that we have had is that the Liberal government's approach to Canada's supply chain issues is heavily driven by commercial interests, the commercial interests of big corporations that dominate the marine and rail transportation sectors. This, of course, has been the history of Canada in many ways, particularly when it comes to our railways.
We have seen the way in which profit has been put ahead of the lives of workers, of people and of communities, time and time again. Canada has a dark history when it comes to the development of the railways: the occupation of indigenous lands; the forcible removal of indigenous communities; the exploitation, early on, of Chinese workers and the many workers who lost their lives in very dangerous conditions to build the railways; the ongoing exploitation of workers over decades; and the bitter labour disputes, where workers working on the railways were doing nothing more than fighting for health and safety, safe conditions and the ability to keep our country moving.
We know that in Canada, over the past 20 years, 60 railway workers have lost their lives on the job. Due to archaic rules and regulations, and a lack of clarity on jurisdiction, there has been no criminal investigation into their deaths. Their deaths were investigated by private, corporate police and corporate risk management bodies. Justice has never been served.
I want to reflect on a few of those tragedies that have touched many of us through this work, and me personally. First of all, as other colleagues have said, is the Lac-Mégantic rail disaster that occurred on July 6, 2013, where 47 people died. It was the deadliest rail accident since Canada's Confederation in 1867, a rail disaster that was entirely preventable but rooted in the push to move product, and in that case crude oil, in very dangerous conditions. Forty-seven people died. A community has been forever changed as well as our country in many ways.
Here in northern Manitoba, Kevin Anderson, who was 38 years old, died after he and a co-worker were trapped for several hours following a train derailment in September 2018, just an hour away from my hometown of Thompson.
Kevin Anderson's family, from The Pas, Manitoba, has, for years now, fought for justice for their son. They fought for an inquest, an inquest that finally began some months ago. Unfortunately, just a few weeks into its beginning, it was already ruled that the scope of the proceedings had to change, and there would be no discussion of the preventability of this train conductor's death, of Kevin's death, as part of this inquest.
One of the most impactful cases that I have worked on as a member of Parliament was working with the families of Andrew Dockrell, Dylan Paradis and Daniel Waldenberger-Bulmer, three workers who were killed in the train derailment by Field, B.C., in 2019. These three workers worked for CP Rail, and their deaths, the tragedy and the injustice dealt to them and their families was documented in The Fifth Estate's work, “Runaway Train: Investigating a CP Rail Crash”.
In their case, the CP private police investigated and, not surprisingly, found that the company was not at fault. Fortunately, as a result of their steadfast advocacy, these families were able to get an investigation into their loved ones' deaths. We all hope that they will receive justice.
The reality is that as members of Parliament, we have the responsibility to stand up for the well-being of Canadians. We have the responsibility to stand up for the well-being of Canadian workers. In this case, we have seen the Liberal government and previous Conservative governments, when it comes to railway safety and regulating the railways, use kid gloves, if at all, and have always done it ensuring their profitability.
Bill C-33 was an opportunity to change that. The reality is that while there is some good in it, there is much more that needs to be done. There are significant shortcomings in this legislation. While the act would create, for example, indigenous engagement committees for port authorities, there is no mention of creating these committees or otherwise engaging indigenous communities when it comes to rail transport.
Another shortcoming is about the standing committee on transport's report on rail safety. It recommended the removal of the jurisdiction of private railway police in investigations involving their companies. It is our view, as the NDP, that private railway police should be dissolved entirely due to the lack of public accountability. This bill not only does not take up the recommendations made by committee, but in fact would strengthen the authority of private railway police. Proposed section 26.4 of the bill explicitly prohibits unruly behaviour at stations or on board railway equipment, which would be handled by these private corporate police services.
We have also been clear that the bill lacks legislative guidance on the required content of emergency response assistance plans for emergencies involving dangerous goods. Current emergency response assistance plans rely on municipal fire departments and have no requirement for maximum response times. This was an issue that came up in the Ponton tragedy that killed Kevin Anderson.
The standing committee on transport recommended, in its report on railway safety, that “Transport Canada mandate maximum response times as part of rail companies' Emergency Response Assistance Plans for the transportation of dangerous goods” and that “Transport Canada work to finalize timely approval to emergency response assistance plans for the transportation of dangerous goods.” These recommendations are not reflected in Bill C-33.
Another shortcoming is the lack of public regional risk assessments associated with increases in rail transport of dangerous goods, a key issue in the Lac-Mégantic disaster. The standing committee on transport recommended, in its railway safety report, that “Transport Canada undertake public regional risk assessments to assess the impact of increased rail activity on communities, First Nations and the environment in regions that have seen significant increase in the transportation of dangerous goods.” The amendments to the Transportation of Dangerous Goods Act do not act on this recommendation.
Another shortcoming is about the safety of workers. This has not been properly accounted for in this bill. In fact, the safety of workers is not explicitly mentioned at all. The national supply chain task force's 2022 report included six recommendations to address the worker shortage in our supply chains. Not a single recommendation was implemented. Also, the standing committee on transport's rail safety report included four recommendations to address fatigue management for rail workers. None of these have been implemented.
In conclusion, Bill C-33 ought to be an opportunity to change our Railway Safety Act and our port authorities act in order to make sure these important sectors of our economy and these workplaces respect workers and make a difference in a positive sense for communities. Unfortunately, when it comes to the railway industry that has not been the case.
Tonight, as we discuss this bill, I think of the families that are still grieving for those they lost on the job working the railways. I am thankful for their advocacy and their strength in pushing for justice and pushing all of us to do better. I hope the Liberal government will work with the NDP and other parties to make the necessary changes to Bill C-33 to ensure it is the strongest possible legislation and to make a difference for Canadian workers and Canadian communities going forward.
Strengthening the Port System and Railway Safety in Canada ActGovernment Orders
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, as I am sure the member can recall, it was not that long ago, just a few weeks back, that Winnipeg had a derailment of 12 cars, which ultimately shut down McPhillips Street. McPhillips goes right through the heart of Winnipeg North, so we have very recent first-hand experience of the impact this has on a community, with community members feeling concerned about their safety. Not knowing what was in the derailed cars initially caused a great deal of concern. There was even an economic impact on some of the small businesses.
I am wondering if she can provide her thoughts on the importance of getting this type of legislation through, because it will have a positive impact.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Madam Speaker, I appreciate the member raising the derailment that took place in Winnipeg not long ago. It was obviously big news here in our province, and it speaks to the domino effect of these kinds of incidents.
Obviously we are very thankful and fortunate that what was being transported was not dangerous goods and that there were adequate services to respond to the situation. Nonetheless, people were impacted negatively as a result. It is a clear reminder of the work we need to do to make sure that the legislation in front of us is made stronger than what it is at this time.
I will acknowledge that while a derailment in Winnipeg is very serious and big news, the reality is that derailments happen all the time and have been happening much more frequently, particularly in rural and northern Canada. The results have been much worse. The sense of urgency that needs to follow our work here is something we cannot ignore—
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
I have to take another question.
The hon. member for Brandon—Souris.
Strengthening the Port System and Railway Safety in Canada ActGovernment Orders
Conservative
Larry Maguire Conservative Brandon—Souris, MB
Madam Speaker, my colleague mentioned a number of the derailments we have had in Canada. She referred to Lac-Mégantic.
I know she comes from the riding that has Churchill. From my farm leadership days and provincial legislature days, I understand there were a number of derailments there, with grain mainly, which is fortunate, I guess we could say, as it is not explosive. There have been some derailments in what used to be the Hudson Bay route, the route to Churchill that runs right through her riding.
I know a number of things have been done. As a farm leader, I have watched a number of developments in the industry with regard to low-slung cars and aluminum cars to make the cars lighter. It is not so they can haul more, but so they can travel through the tenuous conditions in some of the more muskeggy areas of that particular track at slow speeds. She has referred to a number of areas with worker labour issues as well, and I appreciate that.
I wonder if she can expand on what she thinks are the most important things needed to secure the line that runs through her constituency to Churchill.