Transport Committee on Feb. 22nd, 2016

[The Chair, Liberal, Judy Sgro]

It's up to Mr. Hardie. It's his motion.

Do you wish to divide it into part 1 and part 2?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Do I have his word he's going to do that?

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

No, I don't wish to.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

He doesn't agree with that?

[The Chair, Liberal, Judy Sgro]

I think we've had enough discussion.

I have to share with the committee that there are items that have come up today that we also need to discuss, so I'm going to ask that we now vote on Ms. Duncan's amendment first.

I'm going to ask Ms. Duncan to read that amendment, or would you like to read it, Mr. Clerk?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

You want me to read it into the record again?

[The Chair, Liberal, Judy Sgro]

It's just so that everyone here is clear.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

My amendment is that the portion of the motion by Mr. Hardie that begins “That the Chair” and ends with “Committee by the House” be deleted from the motion.

[The Chair, Liberal, Judy Sgro]

All right. That's clear.

All those in favour of Ms. Duncan's amendment to delete the second part of Mr. Hardie's motion, please signify.

(Amendment negatived: nays 5; yeas 4)

[The Chair, Liberal, Judy Sgro]

We will now vote on the motion by Mr. Hardie, and you all have it.

We're in the middle of a vote, Mr. Berthold. I cannot change—

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Chair, I have a point of order.

Earlier, Mr. Hardie proposed an amendment that the various motions of the opposition members be added to his motion. I remember him saying that. So he practically made it an amendment.

I just want to be sure that—

[The Chair, Liberal, Judy Sgro]

Mr. Berthold, I have to stop you, because we have started towards the voting, and I cannot entertain any other comments while we're in the middle of a vote, but your point is well taken.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

It's a point of order, Madam Chair. An amendment was put forward.

[The Chair, Liberal, Judy Sgro]

Okay. Right now we have to deal with this, but I think we all heard those earlier comments as well.

We are dealing with Mr. Hardie's motion.

(Motion agreed to [See Minutes of Proceedings])

There was reference earlier by Mr. Hardie about the motions that had been tabled. They very much pertain to the issues of the work plan. Does anyone want to move those motions to the floor?

Ms. Watts.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Thank you.

I've submitted the entire motion, but I'll just read this portion of it. It reads:

That the Committee undertake a rail safety study of the section of the BNSF Railway line that runs between the United States border through the Semiahmoo First Nation land, the City of White Rock and the City of Surrey (Crescent Beach/Ocean Park) British Columbia.

[The Chair, Liberal, Judy Sgro]

Thank you.

We have Ms. Watts' motion.

Are there any comments? Does everyone have Ms. Watts' motion?

Ms. Duncan.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

I haven't had the chance to sit down with her, but I have passed along to Ms. Watts my suggestions.

I'm glad that she has brought this matter to the attention of the committee, and there certainly are a number of examples of concerns in communities, including first nations, over not well-maintained tracks and concern that action be taken.

I've shared my concern with Ms. Watts. I think that she is, on behalf of her constituents, trying to look for some kind of intervention and action to address the concerns raised in that very detailed motion. The problem is this committee doesn't have any directive ordering powers, and it appears to me that the Canadian Transportation Agency would be the appropriate body to be seized with this matter.

I don't know if it has been before them or if it's been referred to them, but they have the power to compel witnesses. They can be directed by the government to look into matters, and at the end of it they can actually order directive action to address any problems that are identified.

Given the significance of the issues that Ms. Watts is raising, they may well be matters that should be addressed sooner rather than later, but given the number of matters before us, including ministers coming before us and estimates and budgets being referred to us, I have some difficulty with agreeing that this committee may be the appropriate place for that issue to be referred to.

When I'm speaking to it I share her concern with the issue, but I just raise the question of whether or not this committee is the appropriate venue to address those concerns.

[The Chair, Liberal, Judy Sgro]

Thank you, Ms. Duncan.

I believe our analyst is going to clarify that issue for us.

[Allison Padova, Committee Researcher]

Transport Canada is indeed the safety regulator of the railways. The Canadian Transportation Agency, while a quasi-judicial tribunal that has a lot of authority, is the economic regulator. They would not weigh in on a matter of rail safety.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

I would like to speak to that. I'm reading section 26 of the act:

The Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing....

That's pretty all-encompassing. It may have been in practice that they just look at disputes to do with financing, but that's pretty all-encompassing.

[The Chair, Liberal, Judy Sgro]

I think our analyst is pretty well researched on this matter. If there are any other comments, we can bring them at a later time. For the moment we are perfectly able to deal with this issue, because it's a safety issue.

Go ahead, Mr. Hardie.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

I'll speak in support of the motion, because my colleague and I share the concerns that these particular issues raise. What I would like to do, though, is suggest an amendment. I suggest adding “as part of the committee's formal study on rail safety”. This then nests it in that portion of the framework and ensures that it isn't lost and will go forward.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Agreed.

[The Chair, Liberal, Judy Sgro]

All those in favour of that amendment?

(Motion as amended agreed to [Minutes of Proceedings])

Thank you.

Are there any other motions that you would like to bring forward that you have already tabled?

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Thank you very much, Madam Chair.

I would like to move the motion that I put on the notice:

That the Committee invite Dwight Duncan to discuss his objectives in his role of Chair of the Windsor-Detroit Bridge Authority.

I'm sure all of you will know that the authority's 2015-2016 corporate report was just referred to us by the clerk of the committee, and so I think it would be good for us to put that on the agenda as well.