Evidence of meeting #16 for Transport, Infrastructure and Communities in the 39th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was noise.
A recording is available from Parliament.
Bloc
Acting chairman, Canadian Transportation Agency
We are already working on the parameters for the guidelines.
Bloc
Robert Carrier Bloc Alfred-Pellan, QC
It is a good tool for you and it makes sense.
Clause 42 of the Bill stipulates:
146.2(1) A railway company shall prepare and keep up-to-date a list of sidings and spears that it plans to dismantle and that are located in metropolitan areas—
All of that concerns commuter rail authorities, which are being considered for the first time in terms of the transfer of these railway lines.
According to this wording, it is entirely up to the railway company to come up with this list. If it turns out that a railway line is no longer being used, but the company has not put it on the list, even though it is required to do so—it is a right that the company has under the legislation—will it be possible for the agency to take action, if a commuter rail authority makes representations, so that the unused line can be put on the list?
There is a problem right now with respect to the transfer of these lines, which are hung onto by the companies, but the new legislation says that it is the company that comes up with its own list.
Do you understand what I mean?
Acting chairman, Canadian Transportation Agency
To my mind, the CTA has no authority to force railway companies to register a stretch of railway line, a spear, or anything else for that matter, on a list. We are talking about their belongings, their assets. It is therefore up to them to decide whether they still need a particular asset or whether they want to give it—
Bloc
Robert Carrier Bloc Alfred-Pellan, QC
The CTA's role is to act as a mediator in any dispute that arises. This could be useful if there were conflicting views as to the usefulness of a railway line that was not used, but was not registered on the list.
Could the CTA act as a mediator in such circumstances?
Acting chairman, Canadian Transportation Agency
As far as I am aware, the bill contains no such provision, and we cannot instigate any such action of our own accord.
Conservative
The Chair Conservative Merv Tweed
Before I go to Mr. Blaney, could I just ask, for the sake of the chair—when both people are conversing, it's hard for me, and I think a little bit difficult for our translators—if we could wait until the question has been asked and the answer has been given?
Mr. Blaney.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Thank you, Mr. Chairman, I will bear that in mind. Thank you.
I would like to welcome the Canadian Transportation Agency representatives to our committee.
I have two questions for you. The first is for Ms. MacDonald, and relates to the air transportation sector, a subject that we have not really addressed today. My question is a general one, and somewhat open ended. Would you like to suggest any amendments or improvements to the current wording of the bill?
I know that you want to ensure a greater transparency in airline ticket pricing. There is also the matter of integrating the complaints program to your service. How do you foresee the bill affecting your activities has they relate to the air transportation sector? Are there elements that you consider to be of particular importance that could be improved?
Secondly, I would like to come back to the matter of noise pollution, which is one of the key components of this bill. In answer to an earlier question, you indicated that you were in the process of preparing guidelines. Many groups have expressed concerns to us on this matter and I am sure that future witnesses will raise the same points. I imagine that they will propose amendments to give the bill more teeth.
Are you planning to include decibel standards in your guidelines? Do you have something from existing European or US models? Are there any precedents for the type of guidelines that you wish to develop? We are, after all, talking about a North American railway service.
Those are my two questions: one on air transportation and one on noise pollution generated by the railway sector.
Acting chairman, Canadian Transportation Agency
Mr. Blaney, I never said that the CTA was in the process of preparing guidelines. We are developing parameters that we will then use, in consultation with stakeholders, to draw up guidelines.
We have not yet reached that stage. We cannot consult with railway companies, the Federation of Canadian Municipalities, or municipal or provincial associations until the bill is passed.
Once the bill is passed, we will launch the consultation process. We will discuss with the various stakeholders to determine what is feasible and what is not. This will give us the opportunity to get feedback from all interested parties.
But, thus far—
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
My question had more to do with available information. Are there already examples of guidelines that cover all matters relating to noise and, indirectly, to the health of residents living near railway lines?
Acting chairman, Canadian Transportation Agency
I am not aware of any such guidelines. I do not think that any have been developed. If they have, we are not aware of them.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Do you plan on including decibel standards in your assessment parameters?
Acting chairman, Canadian Transportation Agency
The parameters are currently at draft stage. We are working on them at the moment.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
You would make excellent politicians.
Very well, that is fine. Thank you.
Joan MacDonald Director General, Air and Accessible Transportation Branch, Canadian Transportation Agency
With With your permission, I will answer in English.
With regard to the airline price advertising, it will be up to the minister to decide whether or not regulations are required and whether at that time he will direct the agency to make those regulations. If we get such a direction, we will go through the regular regulatory process, which is to consult with those affected and determine the best way to make those regulations work.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
You say that you are the body mandated with administering the act.
Could you explain to us the nature of your relationship with Transport Canada and tell us how you think it will be affected by the new bill?
Acting chairman, Canadian Transportation Agency
Firstly, it is very important to stress that we are independent from Transport Canada. Our relationship with the Minister is an administrative one, as it is through him that we are accountable to Parliament. We are, however, completely independent.
When Transport Canada drafts a bill, the professional expertise of some of our personnel is sought in order to determine whether the department's recommendations are practical, workable and enforceable.
The CTA also holds meetings with the committee that reviewed the act. Six years ago, the CTA made recommendations about the revision of the act. Every year, in its annual report, the CTA is required to report on how the act is working. That's the extent of the relationship between the two organizations.
Conservative
The Chair Conservative Merv Tweed
Thank you.
The chair recognizes Mr. Godfrey, who has turned over his questions to Mr. McGuinty.
Liberal
David McGuinty Liberal Ottawa South, ON
Thank you, Mr. Godfrey. Thank you, Mr. Chairman.
I will go back to a comment made by Ms. MacDonald a moment ago, that it would not be the CTA that determines when airfare clarity regulations are necessary.
Director General, Air and Accessible Transportation Branch, Canadian Transportation Agency
No, it's the minister. When the minister decides that they are, he will then direct the agency to make those regulations.
Liberal
David McGuinty Liberal Ottawa South, ON
Would a minister normally give you some context about what “necessary” means or...? Would the minister in his or her instructions make it plain to the CTA that there's evidence to substantiate the need for enhanced clarity regulations? Or does the minister simply throw the ball into your court?
Director General, Air and Accessible Transportation Branch, Canadian Transportation Agency
I would assume that the minister, in reaching that conclusion, would determine that there is a need for those regulations and would give us that context to work with. But, as I said earlier, we would go through the normal regulatory process, which is to consult extensively, go through part one and part two.
Liberal
David McGuinty Liberal Ottawa South, ON
Returning for a second to the question of the air travel complaints office and the commissioner, I understand that the last specific report for air traffic complaints, airline complaints, was issued May 31, 2005. Is that correct?
Liberal
David McGuinty Liberal Ottawa South, ON
Previously it was reported every six months by the commissioner.