Transport Committee on April 30th, 2015

[Jeff Watson, Conservative, Essex, ON]

So we've covered every scenario, then, if you will.

Not only that, I believe it was the CTA that last year in this committee's study suggested that the rail companies would not have access to additional insurance beyond what they carry at that particular point in North America, so I think we've found improvement to the system. It's a threshold that will cover the overwhelming majority of incidents on a per incident basis. It's strict liability now, not provable claim, and backstopped by the shippers covering the remainder of the liability.

Is that a fair assessment?

[Lenore Duff]

That's a fair assessment.

[Jeff Watson, Conservative, Essex, ON]

I hope we can move on to clause 8.

[The Chair, Conservative, Larry Miller]

Is there any further discussion on the amendment?

Mr. McGuinty.

[David McGuinty, Liberal, Ottawa South, ON]

I have just a quick question, if I may.

Ms. Duff, which insurance companies and who did you consult with exactly?

[Lenore Duff]

The insurance companies were Aon and Marsh.

[David McGuinty, Liberal, Ottawa South, ON]

We had Marsh here two weeks ago. We asked them directly if they had been consulted, and I'm not even sure if they said that they had made a written submission. I asked them specifically whether they had consulted with officials and the answer we got was no, so can you let us know who exactly was consulted at Aon and Marsh, please?

[Lenore Duff]

It was Lois Gardiner at Aon. At Marsh, actually, I believe the person from Marsh indicated that he had consulted with the agency, but he actually consulted with the agency and with Transport Canada. For the gentleman from Marsh, I'll have to come back to you with his name.

[David McGuinty, Liberal, Ottawa South, ON]

That would be great. Thanks.

[The Chair, Conservative, Larry Miller]

I'm going to call the question on clause 7.

Do you not have an amendment on this one?

[A voice]

No.

[The Chair, Conservative, Larry Miller]

Okay. My apologies. That's not what it says here in front of me.

(Clause 7 agreed to)

(On clause 8)

Mr. Watson.

[Jeff Watson, Conservative, Essex, ON]

I'd like to move government amendment 1 on this. We heard from the Railway Association of Canada that they wanted some clarity with respect to application of the levy and who would collect. I think our officials could probably explain what this particular amendment will do, in effect, but it will stipulate who will have that responsibility.

I don't know if our officials want to explain.

[Lenore Duff]

The amendment addresses an issue raised by stakeholders.

As currently drafted, the bill would require the levy to be collected by the first railway to carry the traffic to which the levy applies after loading. Because in the case of a regulated interswitching movement the first railway would not have a commercial or billing relationship with the shipper, the levy could be administratively burdensome to collect.

The motion to amend clause 8 of the bill modifies section 113 of the act to make the level of service obligation of a railway company responsible for levy collection, contingent upon the shipper's payment of the required levy. The proposed amendment is required to clarify that the railway responsible for collecting the level under sections 155.3 and 155.5 is the one that is first to carry the traffic to which the levy applies at a rate other than a regulated interswitching rate.

[The Chair, Conservative, Larry Miller]

Is there any other further discussion on Mr. Watson's amendment?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 8 as amended agreed to)

[David McGuinty, Liberal, Ottawa South, ON]

Don't we have to get going for votes, Mr. Chair?

[The Chair, Conservative, Larry Miller]

Yes, I was just going to finish that up.

We'll come back here immediately after the votes. The meeting is suspended.

[The Chair, Conservative, Larry Miller]

We'll call the meeting back to order.

I apologize to everyone here, but that was out of our control.

(Clause 9 agreed to)

(On clause 10)

On clause 10, I believe Mr. Watson wants to speak to amendment G-2.

[Jeff Watson, Conservative, Essex, ON]

Yes, Mr. Chair.

I want to move amendment G-2. Again, this amendment addresses an issue raised by stakeholders.

As currently drafted, the bill would require that the levy be collected by the first railway to carry the traffic to which the levy applies after loading. Because in the case of an interswitching movement that first railway would not have a commercial or billing relationship with the shipper, the levy could be administratively burdensome to collect.

The department is proposing a motion to amend three sections of clause 10 to clarify that the railway responsible for collecting the levy under sections 155.3 and 155.5 is the one that is first to carry traffic to which the levy applies at a rate other than an interswitching rate.

[The Chair, Conservative, Larry Miller]

Is there discussion on the amendment? All in favour? Opposed?

(Amendment agreed to [See Minutes of Proceedings])

Clause—

[Hoang Mai, NDP, Brossard—La Prairie, QC]

I have questions regarding clause 10.

[The Chair, Conservative, Larry Miller]

Yes, well, I asked. Sorry.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

No, you asked regarding the amendment.

I have just a few clarifications to get from the officials.

[The Chair, Conservative, Larry Miller]

You have some comments on the amendment?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

No, on clause 10, not on the amendment.