Thank you, Mr. Chair.
On behalf of the Railway Association of Canada, let me first say thank you for the opportunity to appear before you. Our association represents about 60 railways across the country, which is essentially the whole scope of railways in Canada: the class ones, the short lines, the regionals, the inter-city, VIA, the commuters--some of whom I think you saw earlier this week--and some tourism railways.
More than six years have elapsed since the Canada Transportation Act review panel rendered its report and made a number of recommendations on moving forward with the act. We see Bill C-11 as an important part of a response to that report.
We've had a number of opportunities in the past to comment on various proposals to amend the act and we hope, Mr. Chair, that we are seeing the end of a very long and complex consultation process on this matter. Our view is that while there are a number of important amendments before you, there are also major issues facing the industry and the country, and we'd like to get on and focus on some of those in the future.
In a nutshell, the Railway Association of Canada supports most of the provisions in Bill C-11. I'm going to spend my time today speaking on the noise management issues. Some of my colleagues from individual railways do have concerns about some of the other matters in the act, in particular the public passenger service provisions, but since the business interests of our members diverge on that particular matter, the Railway Association itself won't be taking a formal position on that matter.
Let me turn to noise management. The RAC believes that the bill sets out a clear authority for management of noise related to railway operations. Since a 2000 Federal Court decision that affected the ability of the CTA to exercise jurisdiction over railway noise complaints, there has been some confusion out there as to who really has the authority to regulate noise in the national railway system. We are very supportive of this bill because it clearly solves that problem. It says clearly that the federal government and more particularly the Canadian Transportation Agency have the authority to exercise noise regulation in Canada.
We think this is important because the demand for rail services is growing, and with it the complexity of our operations and our interface with communities across the country are growing. The trend toward ever-increasing imports, particularly from Asia and the Pacific, and the rapid increase in exports, both to the U.S. and offshore, are making the relationships between communities and railways more challenging every day. We think this bill helps to make that partnership better over time.
However, I must point out to you, Mr. Chairman, that the industry has not been doing nothing in the interregnum. A few years back, we signed a memorandum of understanding with the Federation of Canadian Municipalities and other stakeholders to begin a voluntary approach to better management of noise and other proximity issues.
The MOU was signed in 2003 and supported by not only the FCM but also by the Canadian Association of Municipal Administrators. The main purposes of this MOU were and still are to gain and share a common understanding of the current issues around proximity, to improve communications between the parties, to implement a flexible but formal dispute resolution process, and to develop guidelines on such issues as land use, noise levels, and other technical matters.
The RAC and the FCM encourage resolution of issues at the local level. I must say, Mr. Chair, that we're very pleased to see proposed section 95.3 of this act does so in a similar manner. We strongly believe that the best place to solve issues is at the community level, and third parties should only be intervening if in fact we can't find the solutions there.
To achieve these common objectives, I just want to give you some idea of some of the things we and the FCM have done to date. We've established steering committees and three large working groups with equal representation from the parties. We've developed a communications plan. We've developed a good-neighbour video, which is an awareness video.
We've completed and published three case studies on real issues, one here just across the river in Gatineau, that will help to explain how issues can be resolved between the parties, and we've developed a data-rich website called www.proximityissues.ca. I would encourage members or your staffs to go and have a look. There's an awful lot of information there on what's going on between communities and railways on proximity issues.
Since its inception in 2004, the website has grown progressively over the years. We've taken 22,000 visits already this year on that particular website. We've also developed a robust dispute resolution protocol, and this is published on the website, if you wish to see it.
We hope all of this material will be helpful to the Canadian Transportation Agency when it begins its job of developing the guidelines that are called for under the provisions of this act.
Let me stop there, Mr. Chairman. I've left a copy of this document, which is the latest MOU progress report, with the clerk. If you are interested, you can distribute it to committee members afterwards.
We think there are a number of key advantages to the approach we've taken in working over the last two or three years, some of which are very clear already. The agreement we have is encouraging more effective and efficient land use; it's providing long-term cost savings in the resources required to deal with proximities over time; it has reduced land use incompatibilities between railways and adjacent land use, and helped the land planning process; and it has reduced noise and vibration complaints in a number of jurisdictions across the country. A good example is Gatineau. Another is Oakville. There are a number of examples we could give you from across the country.
It is also having an ancillary benefit on public safety, because in addition to talking about proximity issues, it provides an opportunity to talk about issues such as trespass and level-crossing safety, particularly in areas adjacent to schools.
Suffice it to say that we think there have been tangible benefits, and I should say, Mr. Chairman, that we are continuing to work with the FCM and others to advance the MOU, as we go forward.
In the very near future we hope to be in a position to publish a comprehensive draft of noise emissions guidelines and a land use guideline. We're in the final stages of preparing this document. It's been the subject of an awful lot of research and technical study over the last couple of years. It is now before the MOU steering committee for their consideration. I hope we'll be able to make it available to committee and other interested parties in the very near future.
I will stop there, Mr. Chair, and thank you very much for taking the time.
Just to conclude, we are in favour of the noise provisions in Bill C-11. We believe we need this kind of regulatory framework to work within, but we would very much like to continue the kinds of approaches we've been working on with FCM and others. We believe the best solution to this is at the local level, getting the parties involved with each other.
Thank you.