Evidence of meeting #26 for Transport, Infrastructure and Communities in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was bridge.
A video is available from Parliament.
Conservative
The Chair Conservative Larry Miller
Mr. Braid, you're out of time, but Mr. Wilkshire, do you want to comment?
Nicholas Wilkshire Legal Counsel, Department of Transport
I would just add that given that there are two ministers involved, this would clarify any uncertainty as to which minister has which authority. Essentially, the Minister of Infrastructure—the minister designated—would have authority for virtually all aspects of the act, except for the actual P3 agreement, which will rest with the Minister of Public Works.
Conservative
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
Thank you, Mr. Chair.
I am particularly interested in the Railway Safety Act and the Transportation of Dangerous Goods Act of 1992.
Mr. Roussel, section 50(1) of the Railway Safety Act currently sets out that regulations shall be published at least 90 days before their proposed effective date. For the residents in my riding, I want to specify that these regulations are for the standards for building rail facilities, deductibles for roads, exemptions for railway works, safety, security, crossings, activities other than railway operations that could compromise rail safety, information custody and retention, as well as safety management systems.
The Budget Implementation Act is aimed at removing this 90-day period, set out in section 50(1). By the way, it is quite strange to see this kind of provision in a budget implementation act.
Earlier, my Liberal colleague was able to get you to say that the act will give the minister more discretionary authority. You said it was in case of emergency, in cases such as the tragedy in Lac-Mégantic. However, the Minister of Transport currently has the authority to impose emergency measures under the Railway Safety Act and to adopt protective measures under the Transportation of Dangerous Goods Act, 1992.
What will this change? Why does the minister need even more discretion when there are already provisions in place to allow him to take emergency measures?
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
Thank you for the question.
In these elements, it is clearly stated that elements linked to
cabinet directive on streamlining regulation.
There will be official publications. These are minor amendments, as we have explained.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
Is it indicated somewhere that these are minor amendments? In the Budget Implementation Act, nothing indicates that these are minor changes. Is it once again up to the minister to decide what is minor and what is not?
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
After consultations with industry and primary stakeholders, there can already be consensus on minor elements.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
However, it is up to the minister to judge whether or not there is a consensus. Nothing obliges her to do so.
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
There is, however, an internal process to determine whether or not there is truly a consensus and to identify the level of risk that we are taking by publishing—
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
How can citizens know if there is an internal consensus?
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
We have an internal consultation process with industry and with citizens. We work with the Canadian Federation of Municipalities.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
What do these consultations with citizens consist of? You say that you have put in place a process for consultation with citizens. If citizens from my riding wish to participate in this process, what does that mean?
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
We have several partners, such as the Canadian Federation of Municipalities and the Railway Association of Canada. In the case of changes that we are making or actions that we wish to take, we generally work with all of these individuals.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
Currently, anyone who wishes to make a comment to the Minister of Transport, can do so. After these changes are made, will this measure still exist?
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
All citizens can write to the minister. In fact they do so every day.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
Yes, but they will no longer do so to react to something that was published in Canada Gazette. That right is being taken away from citizens.
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
We are not taking away a right from citizens, because they will still be able to write and indicate that they disagree.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
Currently, a draft regulation must be published in the Canada Gazette at least 90 days before the regulation comes into force. This gives sufficient notice for a citizen to react to the plan. There will no longer be this 90-day period; the regulation will be published directly in Part II of the Canada Gazette, is that correct?
Acting Associate Assistant Deputy Minister, Safety and Security, Department of Transport
Mr. Leclerc will give you more details.
Director, Regulatory Affairs Coordination, Department of Transport
In answer to your question, I will say that the regulatory process provides for the publication of a draft regulation. Only in exceptional cases will regulations be exempted from prepublication.
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
Is it the minister who decides what constitutes an exceptional case?
Director, Regulatory Affairs Coordination, Department of Transport
That is decided according to criteria established by cabinet.
Director, Regulatory Affairs Coordination, Department of Transport
There is one thing I would like to add. These changes are being made in the context of new agreements for regulatory collaboration between Canada and the United States. The current regime is as follows: in the United States, stakeholders are consulted, then a regulation is adopted; in Canada, stakeholders are consulted, a regulation is adopted, and then these regulations are not—
NDP
Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC
I apologize for interrupting you, Mr. Leclerc but I do not have much time.
If there is harmonization with the United States, then why has Canada not decided to adopt the regulation on automatic braking systems? Some witnesses told us that in the United States it is mandatory for railways to bypass cities and take safer routes. Why has Canada not adopted these kinds of regulations if there is a harmonization process with our neighbours to the south? Other laws and regulations have been passed in the south that we have decided not to adopt here. Why? Is there is two-tiered system? We adopt whatever suits Canada, and we do not adopt whatever does not suit our minister?