Mr. Speaker, I am very pleased to rise today to present for second reading a bill to amend the Railway Safety Act. I understand there is agreement that we do all three readings hopefully before the hour of adjournment.
The bill, which will help reduce accidents and fatalities associated with Canada's railway system, will create an offence for trespassing on federally regulated railway property.
A similar prohibition in the Railway Act was revoked by proclamation of the Railway Safety Act in 1989. By reintroducing the prohibition we will put teeth into the Railway Safety Act by giving railway companies a strong deterrent.
Effective and enforceable legislation in conjunction with public education should help reduce trespassing related incidents on railway lands. The three e s to enhanced railway safety are education, engineering and enforcement. I am pleased that this enforcement initiative will enable law officers, especially railway police who are empowered to enforce federal legislation, to charge trespassers found on railway lines.
This legislation is clearly in the interest of public safety. Trespassing on railway property is one of the most frequent causes of fatalities and injuries related to railway operations. The incidence of accidents to trespassers is increasing. In fact, last year for the first time the number of trespassing fatalities surpassed the number of lives lost at level crossings in Canada.
An estimated 100 people are struck by trains each year while trespassing on railway right of ways. Almost half of these people are killed and the remainder are seriously injured. Many of these people are habitual trespassers, and an unfortunate number of accidents involve young children and students. These are tragic statistics.
The government has introduced this bill as a means of reducing the terrible consequences that can result from trespassing on railway lands. Trespassing commonly occurs near schools, parks, recreational facilities and commercial or residential locations which have high pedestrian traffic, urban areas such as Montreal and Toronto.
The reasons for trespassing include shortcuts to commercial establishments, schools and residential areas, and the use of railway tracks by children as play areas. Unfortunately a railway right of way is a dangerous time saver and far too often becomes a deadly playground for young children.
There is also a major problem of homeless people using railway property as living or resting areas. Many trespassers make use of railway property with total disregard for their personal safety and this is of major concern to Transport Canada.
Fencing and highly visible signage put in place by railways have not been sufficiently effective in discouraging trespassers. Let me emphasize that the penalty provisions contained in the act are broad enough, up to $5,000 on summary conviction, to create a major deterrent to repeat offences.
Reinstatement of the prohibition against trespassing will assist police in reducing the incidence of this dangerous practice on railway property and hence the number of accidents and fatalities. The onus for enforcement would rest with the railways through their police forces and there would be no demand on government's resources as a result of this amendment.
The original anti-trespassing provision in the Railway Act was not included in the Railway Safety Act when the latter legislation was proclaimed in January 1989 because it was felt the matter could be addressed effectively through subsequent regulations.
A review by the justice department has determined that due to the nature of the prohibition, the provision should be established as part of the legislation itself and not as a regulation. Transport Canada has worked with railways to improve safety in areas of heavy trespass; measures such as increased railway policing, barbed wire top fences and other steps to discourage trespassers have been introduced as a result.
The amendment will not affect individuals such as native people and prospectors in remote areas who may need to cross tracks on a regular basis to reach trap lines and mineral claims. The purpose of the amendment is to enable railway police forces to take action in areas of continual and dangerous trespasses.
In conclusion, let me emphasize that the federal government is committed to working with the railways to reduce accidents and fatalities associated with Canada's railway system. This addition to the Railway Safety Act strengthens this important piece of legislation and in conjunction with public education should help remedy the problems of trespassing on railway lands.