Evidence of meeting #5 for Bill C-39 in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was transportation.
A video is available from Parliament.
October 27th, 2026 / 11:50 a.m.
Liberal
Mike Kelloway Liberal Sydney—Glace Bay, NS
We talked in this discussion today about misclassification. You talked about that with one of our members. I'm wondering how this bill, in your mind, addresses misclassification or assists it.
Director, Policy and Public Affairs, Canadian Trucking Alliance
Certainly within the bill there are provisions, and attached to the greater effort here, we see an increase in enforcement resources. There are more officers coming. There's the introduction of digital tools and new enforcement techniques, and things like introducing or increasing director liability. That's in here. They're all excellent steps, in our view.
Liberal
Mike Kelloway Liberal Sydney—Glace Bay, NS
I'm going to open this up.
Back in the day, there was a show called Reach for the Top. I don't know if they had it in your area, but it was a show for students. They called their questions “short snappers”. That's about the amount of time I have to ask this question. It's for everyone on the panel.
In terms of the digital trade act, can you unpack for people watching at home or for people who are here today how important that is in terms of where we are in still using paper for any transaction in relation to the transportation industry, and how the digital trade side of things will help in terms of efficiency and effectiveness?
Director, Policy and Public Affairs, Canadian Trucking Alliance
Certainly, in our industry, truck drivers have a lot of paper—more paper than you would expect—in the cab of their truck as they make their journeys. To put it simply, to your point, if we're talking about reducing that paper, in our view that's good.
At the same time, I would say that as we digitize things broadly, which is excellent, there's also going to need to be a matching investment in the actual border IT infrastructure. There are known problems there. It does go down, and it does create issues for our industry.
Liberal
Chair of the Board of Directors, Railway Association of Canada
Sure. I would say that we're very encouraged by the government's focus on this and Minister MacKinnon's focus on digital trade. We know it's a priority for him.
We look forward to working with Transport Canada, CBSA, Public Safety and others as the government's work on this accelerates and intensifies. Other countries around the world are way ahead of us on digital trade. It's a competitiveness issue—it really is—and for anything that's going to help with the efficient movement of goods and freight across borders and through our ports, we're obviously supportive of it. As I say, we look forward to working with the government.
Liberal
The Chair Liberal James Maloney
Thank you for that, Mr. Kelloway.
That Reach for the Top question revealed the generational divide on this committee, based on the facial reactions.
Bloc
Gabriel Ste-Marie Bloc Joliette—Manawan, QC
Thank you, Mr. Chair.
Mr. Harvey, you didn't have time to finish your answer in a previous exchange. I would like to hear your thoughts on that. I would also like to hear you talk about the idea of the national trade corridors council and get more details on your position.
President and Chief Executive Officer, Railway Association of Canada
Thank you.
Actually, I wanted to answer Mr. Leslie's question on who paid for the studies I was referring to. The first study was conducted by David Emerson and published in 2016. The second is the 2001 report. In both cases, it was recommended that the interswitching anomaly be removed.
With respect to the national trade corridors council, all we're saying is that, from a day-to-day trade corridor management perspective, we don't see a need for government intervention. Instead, it should be left to the private sector parties involved.
If I may, I would also like to tell the committee that yesterday, we distributed a letter signed by 18 supply chain user associations—I emphasize the 18—that propose to amend the act to give the government the power to prevent a strike, not just to intervene when it occurs, subject to strict criteria for its use and ask the government to make that amendment.
Bloc
Gabriel Ste-Marie Bloc Joliette—Manawan, QC
You're talking about strict criteria. However, in this case, the government's power is based on national interest, an undefined concept. This means that it comes down to the minister's discretion.
In Quebec, as a comparison, there is already an organization that determines what essential services are, in particular. We don't have that at the federal level. They say to leave it up to management and employees. However, that is never done.
Should the strict criteria be defined in the bill?
President and Chief Executive Officer, Railway Association of Canada
We would be prepared to consider that, as long as they are formulated in a way that allows for verification and to ensure there is no abuse. The issue for us is not so much determining what is essential, but evaluating the consequences of the strike on the national interest and then authorizing intervention, regardless of a predetermined classification, which could sometimes lead to arbitrariness.
Bloc
Gabriel Ste-Marie Bloc Joliette—Manawan, QC
You're saying it would be necessary to define what the national interest is.
President and Chief Executive Officer, Railway Association of Canada
Depending on what it is, we would have no objection.
Liberal
The Chair Liberal James Maloney
Thank you.
Thank you to all our panellists. We appreciate your taking the time to be here and share the benefit of your insight on this piece of legislation.
That's all the time we have for this panel. We'll suspend and get ready for the next panel. Please don't go too far, people.
Liberal
The Chair Liberal James Maloney
Welcome back to meeting number five of the House of Commons Legislative Committee on Bill C-39.
Have any of the witnesses not ever appeared before a parliamentary legislative committee before?
Liberal
The Chair Liberal James Maloney
All right, here's what you need to know. You have an earpiece that you can use for translation. You will be asked questions in both official languages, in all likelihood, so you need to understand how to work that. Take a moment. Everybody's going to be given five minutes for opening remarks, and then we're going to jump into rounds of questions. All questions should be directed through me.
On that note, I would like to introduce to the members our new panel for this last hour today.
From the National Maritime Group, we have Debbie Murray, president and chief executive officer. From the St. Lawrence Ship Operators, we have Saul Polo, president and chief executive officer; and Etienne Duchesne, vice-president of the council. From the Vancouver Fraser Port Authority, we have Peter Xotta, president and chief executive officer.
I will turn the floor over to Ms. Murray for the first opening remarks.
The floor is yours.
Debbie Murray President and Chief Executive Officer, National Maritime Group
Chair and committee members, thank you for the opportunity to speak on behalf of the National Maritime Group, or NMG, as I'll refer to it. I am Debbie Murray, president and CEO of the National Maritime Group.
NMG represents more than 100 operators at 14 Canadian ports and on Canada's waterways, including terminal operators, stevedores and carriers that move most of Canada's water-borne cargo. Our members invest in technology, infrastructure, people and operations to keep ports functioning and cargo moving.
Canada's future prosperity depends on reliable trade corridors and timely investment in supply chain infrastructure. Repeated labour disruptions and lengthy approvals have weakened confidence in Canada as a place to invest and a dependable trading partner.
A port disruption does not end when operations resume. Backlogs can take days or weeks to clear, affecting vessels, rail, trucking, warehouses, exporters and importers across the country. Shippers, trading partners and Canadians have borne the cost of repeated labour disruptions in critical port and transportation supply chains. Bill C-39 addresses these barriers through reforms to labour, infrastructure, governance and digitalization.
NMG supports collective bargaining, the right to strike and the Canada Labour Code and believes the best agreements are reached at the bargaining table. At the same time, the framework must provide proportionate tools when a disruption threatens the national interest and there is no practical alternative for moving cargo.
NMG welcomes the proposed geographic certification provisions, the addition of a special mediator and the clarification of section 107.
Geographic certification would allow the minister, two or more employers or the Canada Industrial Relations Board to request that two or more bargaining units be combined in a single certification. This reflects the Ready report's recommendations.
Unlike other major Canadian ports, the west coast industry's bargaining structure is voluntary. If it breaks down, bargaining could shift from two coast-wide agreements to as many as 39 separate negotiations, creating rolling negotiations and chronic instability. Geographic certification could align bargaining cycles and provide greater predictability for employers, workers, shippers and trading partners.
The special mediator provision would give the minister an additional mechanism to help the parties reach an agreement when a labour dispute has significant national consequences. It supports meaningful bargaining and a negotiated outcome.
On section 107, NMG supports the bill's proposed clarification but recommends one further amendment. We are not proposing an override of collective bargaining. We recommend a narrowly defined prestoppage option when bargaining has failed, the special mediator's report indicates that a work stoppage is imminent, the parties are deadlocked and a stoppage would cause significant economic harm to the national interest. Any intervention must be necessary and proportionate, considering the expected harm and available alternatives. Waiting until operations have stopped imposes avoidable costs, because port capacity cannot be readily replaced and backlogs take time to clear.
NMG also recommends changes to paid medical leave provisions. At NMG, member operations and absences can affect an entire work gang, not only one employee. Workers declare their availability by shift and may be dispatched across multiple employer work sites. Unfulfilled dispatches can delay cargo movement and add costs across the supply chain.
At Canada's west coast ports, more than 3,200 paid medical leave applications were submitted in December 2025, compared to 763 in January 2025. During December 2025, apparently, 50 requests for four- to five-person longshore gangs went unfilled. NMG recommends reducing paid medical leave from 10 days to five and allowing an employer to request a medical certificate within 15 days of an employee's return for leave of more than three days. This would continue to support employee health and safety while better reflecting dispatch-based options.
NMG also supports improvements to project approvals, digital trade and port governance in the bill. The transportation projects office should operate as a one-window coordinator with a single project schedule, clear service standards and the authority to escalate delays. Digital trade provisions should support secure electronic documents and information sharing while protecting privacy, cybersecurity and commercial confidentiality.
NMG asks the committee to support Bill C-39, retain the proposed geographic certification and special mediator provisions, adopt a narrowly defined prestoppage option under section 107 and adopt NMG's paid medical leave recommendations. These measures would improve supply chain reliability while preserving collective bargaining and helping Canada compete as a dependable training partner.
Thank you.
Saul Polo President and Chief Executive Officer, St. Lawrence Shipoperators
Thank you, Mr. Chair.
Members of the committee, thank you for inviting us.
I am Saul Polo, president and chief executive officer of St. Lawrence Shipoperators. I am joined by my colleague Etienne Duchesne, vice-president of the board of directors and business development manager at Desgagnés. He is participating through video conference.
St. Lawrence Shipoperators represents 175 companies operating ships on the St. Lawrence, the Great Lakes, and from the Arctic to the Atlantic Ocean, and more. Maritime transportation connects ports, producers and markets. It is essential to supply chain resilience.
We recognize the importance of Bill C‑39 and support its goal of strengthening Canada's economy by improving trade corridors and expedite the construction of logistical infrastructure. Ship operators believe that predictable reviews, better federal coordination and timely decisions can help port projects meet trade needs.
In order for these measures to produce the expected results, their implementation must take into account the realities of the sector. The transportation projects office must streamline coordination, provide a meaningful point of contact for promoters and establish transparent timelines without adding an administrative step. Corridor planning must be informed by the experience of ship operators, ports, terminals and logistics partners. In the St. Lawrence-Great Lakes network, this means taking into account public and private ports and regional realities. A regional approach can reduce duplication and improve predictability while maintaining meaningful consultation with the communities involved.
Supply chain resilience also depends on our ability to prepare for disruptions. That's why we maintain that a 14‑day strike notice is preferable to the current 72‑hour notice. In maritime transportation, three days is not enough to reorganize ship schedules, port operations, crews and cargo handling. Two weeks' notice would give ship operators, ports and supply chain partners time to coordinate and mitigate the effects of a disruption. This is an operational readiness period, without prejudging the resolution of the dispute.
This planning capacity must align with maintaining a strong Canadian fleet. That is why we have a specific reservation about section 289 of the bill. It would create an emergency exemption to the Coasting Trade Act, allowing foreign ships to carry out some coasting trade activities without going through the usual licensing regime. We ask the committee to remove this section and maintain the current regime.
This regime already provides a recourse mechanism in emergency situations, including the use of a foreign ship when no suitable Canadian ship is available. The Canadian Transportation Agency has also implemented accelerated timelines for certain oil tanker and fast-tracked requests where no Canadian solution is proposed. Before rejecting this audit of Canadian capacity, it must be demonstrated that the current mechanism is not meeting the needs.
Coasting trade supports ship operators who invest in ships and crews in Canada, as well as the maritime jobs and skills that come with it. Maintaining Canadian capacity as a priority helps us move essential goods and respond to disruptions with domestic assets.
In conclusion, we support the measures in Bill C‑39, which can expedite infrastructure construction and improve corridor coordination. We emphasize that 14 days' notice is required to give industry time to prepare. We also ask the committee to remove section 289, as no exemption to the current coasting trade regime is required. This is how we can improve the network's fluidity, while preserving Canadian maritime capacity.
Thank you.