Transport Committee on Feb. 12th, 2013

Evidence of meeting #59 for Transport, Infrastructure and Communities in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was shipper.

A video is available from Parliament.

On the agenda

Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration)

MPs speaking

Also speaking

Alain Langlois Senior Legal Counsel, Team Leader Modal Transportation Law, Department of Transport

Annette Gibbons Director General, Surface Transportation Policy, Department of Transport

5:20 p.m.

Senior Legal Counsel, Team Leader Modal Transportation Law, Department of Transport

Alain Langlois

Arbitrators will be selected from a list drawn up by the agency. They are competent people who have the expertise required to review the files.

Regarding knowledge transfer, there are two railway companies. They will not be familiar with all the decisions.

Moreover, the legal world on the other side of the fence is not that large either. I know three private counsel who represent shippers across the country. There are not many of them either. The knowledge base from counsel to counsel will be concentrated in the same people. As I mentioned earlier, the agency can, by providing technical expertise to arbitrators, show them what a level of service is, for example.

5:20 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Without naming any names, could you tell me whether the three counsel you mentioned represent large companies or small businesses? I am not sure that all small businesses would have the means to pay for the services offered by the lawyers you mentioned.

5:20 p.m.

Senior Legal Counsel, Team Leader Modal Transportation Law, Department of Transport

Alain Langlois

They represent whoever calls on them.

5:20 p.m.

Director General, Surface Transportation Policy, Department of Transport

Annette Gibbons

I simply want to add that the shippers told us they did not want the decisions to be made public because the information they contain is commercially sensitive. That was made very clear during the consultations.

5:20 p.m.

Senior Legal Counsel, Team Leader Modal Transportation Law, Department of Transport

Alain Langlois

I would like to try to answer your question about the burden of proof.

The burden of proof rests neither with the shipper nor with the railway company. We are talking here about arbitration and offers that are submitted at the same time. Each party must show that its offer is the best one, each party must present its case and hope that the arbitrator agrees with it. The arbitrator can also select to stay in the middle.

5:20 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

When we—

5:20 p.m.

Conservative

The Chair Conservative Larry Miller

Mr. Aubin, you're out of time.

I think Mr. Langlois has been pretty clear on that.

I understand there are no more questions on the government side.

On a point of order, Mr. Goodale?

5:20 p.m.

Liberal

Ralph Goodale Liberal Wascana, SK

No, just a couple of quick questions since we have a little time left.

5:20 p.m.

Conservative

The Chair Conservative Larry Miller

No, you've had your round, Mr. Goodale.

The government doesn't have any. I'm not going to be presumptuous but I assume they're not going to give their time to somebody else. We're just a couple of minutes away from votes.

I'd like to thank Mr. Langlois and Ms. Gibbons for being here. Thanks very much for your straightforward answers.

5:20 p.m.

Director General, Surface Transportation Policy, Department of Transport

Annette Gibbons

Thank you.

5:20 p.m.

Conservative

The Chair Conservative Larry Miller

With that, the meeting is adjourned.