House of Commons Hansard #21 of the 35th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was railway.

Topics

Canada Labour CodeOral Question Period

2:55 p.m.

Windsor West Ontario

Liberal

Herb Gray LiberalLeader of the Government in the House of Commons and Solicitor General of Canada

Mr. Speaker, the Sims committee had a very narrow term of reference which was to receive representation on the working of Part I of the Canada Labour Relations Act.

Part I deals only with people who are working in the federally regulated private sector and does not deal in any way with public employees. While the Sims committee had some comments on the matter of labour relations and the RCMP, as far as I can see, it was not within its terms of reference.

The section in the report did not deal with such things as the existing labour relations system within the RCMP, whereby the rank and file elect their own representatives to deal with RCMP management on such matters.

Finally, I might add that any matter with respect to a change in what is currently in the RCMP act would be a matter to be brought to and considered by cabinet, then brought forward as legislation to this House. It is not a matter for a decision by me personally.

As I also told the Canadian Police Association, there are a large number of legislative items to be dealt with in the House. Whether some people agree or not, these are the priorities of the government.

Canada Labour CodeOral Question Period

2:55 p.m.

Bloc

François Langlois Bloc Bellechasse, QC

Mr. Speaker, the only things the government has done since its election with respect to the RCMP have been to confirm the RCMP Commissioner's imperial status as a distinct employer, to drag its feet in putting the Gingras decision into application, to table Bill C-58 so as to prevent the RCMP from unionizing and, finally, to thumb its nose

at the most democratic rights of RCMP officers, for instance blocking Sergeant Major Gaétan Delisle from running for mayor of Saint-Blaise-sur-Richelieu.

When will the government begin to treat RCMP officers like every other Canadian citizen?

Canada Labour CodeOral Question Period

2:55 p.m.

Windsor West Ontario

Liberal

Herb Gray LiberalLeader of the Government in the House of Commons and Solicitor General of Canada

Mr. Speaker, with all due respect to the hon. member, I would like to correct something he said.

The RCMP does not have the status of separate employer, which is a very specific situation. It is being looked into in consultation with the elected representatives of the rank and file of the RCMP.

I would say further that one cannot overlook the existing labour relations structure within the RCMP. It appears there are those who do not agree with this but I have not received any information to the effect that it does not continue to be supported by most of the rank and file members of the force.

Certainly we have great respect for all the members of the force and the important role they play in our society. Their well-being and their working conditions remain of great concern to the government. We certainly want to see that any of these concerns are dealt with in the most appropriate and timely fashion.

CommunicationsOral Question Period

2:55 p.m.

Reform

Jim Abbott Reform Kootenay East, BC

Mr. Speaker, the tug of war in cabinet over foreign ownership in broadcasting and telecommunications is well known.

The heritage minister wants to go back to 1967 and the industry minister wants to move ever so slowly, of course, into the 21st century.

My question is for the industry minister. Consumer and industry advocates are demanding a coherent telecommunications policy, which is why I am asking him the question. When are we going to get one?

CommunicationsOral Question Period

2:55 p.m.

Ottawa South Ontario

Liberal

John Manley LiberalMinister of Industry

Mr. Speaker, we have a very coherent telecommunications policy.

The hon. member knows that in the joint submission to the CRTC on the issue of convergence last year, we set out the framework for a competitive, Canadian telecommunications industry. We are looking forward to responding to the CRTC report on convergence in the near future.

With respect to foreign ownership which was in the preamble to the hon. member's question, I would like to point out to him something which I think is very important. Canada has had one of the most open and liberal foreign ownership regimes in telecommunications of all countries in the world. We wait with impatience for some other countries to actually deliver on their promises of reciprocity which they have made so often.

CommunicationsOral Question Period

3 p.m.

Reform

Jim Abbott Reform Kootenay East, BC

Mr. Speaker, in reality, if we take a look at the DTH decision which was made last week and the fact that cabinet was not prepared to overrule the policy decision which the CRTC made, basically what happened was that cabinet put the Canadian industry at a disadvantage to the American industry.

Can the minister give us an idea of when he and the heritage minister will finally get their act together and make some decisions that are going to make competition by Canadian companies for Canadian business a reality in Canada?

CommunicationsOral Question Period

3 p.m.

Ottawa South Ontario

Liberal

John Manley LiberalMinister of Industry

Mr. Speaker, it has to be the height of irony to have the Reform Party posing a question like that.

Last year when we as a cabinet gave direction to the CRTC to set a framework which was going to lead to competition, it was that party which rose repeatedly to say we were interfering with the CRTC. It criticized us. It was not willing to take a stand with us in favour of competition.

We walked a very careful line in deciding how we would formulate our direction to the CRTC. We stayed within the law in giving direction on policy matters. The CRTC implements those policies. It did so.

If the hon. member does not like it, I do not know why he did not support us when we were making directive orders to the CRTC on this very issue.

EnvironmentOral Question Period

3 p.m.

Liberal

Charles Caccia Liberal Davenport, ON

Mr. Speaker, my question is for the Minister of Finance. It relates to our red book commitment to conduct a comprehensive base line study of federal taxes, grants and subsidies in order to identify barriers and disincentives to sound environmental practices.

When does the Minister of Finance intend to implement this red book promise?

EnvironmentOral Question Period

3 p.m.

LaSalle—Émard Québec

Liberal

Paul Martin LiberalMinister of Finance

Mr. Speaker, we welcome and in fact are actively reviewing the proposals of the standing committee on the environment concerning the base line

study. We will be reporting shortly on how we intend to continue the important work which has already been initiated.

I will give some examples of what we have done. In the 1994 budget we brought in tax deductions to encourage contributions to mine reclamation funds. In 1995 we brought in a tax change to encourage donations of ecologically sensitive land. In the 1996 budget which we just brought down, we acted on the key findings of the environment committee's review to help level the playing field between renewable and non-renewable energy sources by, for instance, providing access to flowthrough financing. I would say that we are very active on it.

I would also like to congratulate the environment committee, its chairman and all members of the House who bring this very important matter to the attention of the government.

TradeOral Question Period

3 p.m.

NDP

Vic Althouse NDP Mackenzie, SK

Mr. Speaker, my question is for either the minister of trade or the minister of agriculture.

The U.S. has claimed in arguments before the special trade panel now sitting that Canada was fully aware that its conversion of import quotas on supply managed products to tariffs violates the NAFTA, even though tariffication is permitted under the GATT and the World Trade Organization. Canadian officials say there is no evidence of intergovernmental memos on this issue.

Can the minister give his word to the House that there is no documentation of any kind to prove the U.S. assertions, neither from a minister of the crown, past or present, nor from departmental officials, past or present, nor a statement issuing from any department which may jeopardize Canada's position vis-à-vis the U.S. in this dispute?

TradeOral Question Period

3 p.m.

Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Agriculture and Agri-Food

Mr. Speaker, certainly to the very best of my knowledge and belief, no such documents exist. I have already asked my officials to confirm that to my satisfaction.

I can tell the hon. member what I do know exists. It was delivered to me in Geneva in December 1993 when the initialling of the WTO agreement took place. It was a very clear, very strong legal opinion on behalf of the legal counsel acting for the Government of Canada that our position with respect to supply management was not only fully consistent with the WTO which was about to come into effect, but was also fully consistent with all of our obligations under the NAFTA.

TradeOral Question Period

3:05 p.m.

The Speaker

My colleagues, this would bring to a close the question period, but I have notice of a point of order by the member for Skeena.

Point Of OrderOral Question Period

3:05 p.m.

Reform

Mike Scott Reform Skeena, BC

Mr. Speaker, I rise on a point of order. During the course of question period the Minister of Indian Affairs and Northern Development made a statement to the effect that I had refused an invitation to attend the Nisga'a signing ceremony on Friday of last week at Aiyansh. The minister knows this is totally false and I would ask him to withdraw this statement. It is not a matter of debate but a matter of record.

Point Of OrderOral Question Period

3:05 p.m.

The Speaker

I do not know exactly where this is going but the hon. minister is here. Perhaps he could clarify this situation.

Point Of OrderOral Question Period

March 26th, 1996 / 3:05 p.m.

Sault Ste. Marie Ontario

Liberal

Ron Irwin LiberalMinister of Indian Affairs and Northern Development

Mr. Speaker, I was told by the Nisga'a leadership that an invitation was sent to the member. If he says that he was not invited, I am prepared to accept his word.

Point Of OrderOral Question Period

3:05 p.m.

The Speaker

All right, the matter is closed.

The House resumed consideration of the motion that Bill C-14, an act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other acts as a consequence, be read the third time and passed.

Canada Transportation ActGovernment Orders

3:05 p.m.

Bloc

Paul Crête Bloc Kamouraska—Rivière-Du-Loup, QC

Mr. Speaker, indeed I think it important to put all arguments to the House when a bill is being studied, and the point of this one is to bring legislation on rail transportation up to date.

In order to analyze this bill, I decided to use a specific example, because part of this bill concerns all of us and has a particular effect on certain regions of Quebec and Canada. I am talking about rail transportation and the sale of rail lines to private interests.

The example I would like to use is that of the line between Gaspé and Matapedia, in the Gaspé region of eastern Quebec. For a

number of years the fate of this line was up in the air, because there was some doubt as to its continued maintenance.

Under the old way of doing things, under the present legislation, there must be public hearings. The government, when it wants to close a line, has to go through the transportation agency, hold hearings and get opinions.

Under the new bill, and this is very important for the future of these lines, there is no provision for public hearings where people can come and present reasons why a rail link is important to their community. For example, the year after we were elected, there was a rumour the Gaspé-Matapedia line would be closed. Public hearings were held. Hearings were even organized by community groups and, as the result of representations made, we succeeded in keeping the line running.

Today, under the new legislation, things would read differently: the owner would simply have to announce its intention to divest itself of the line, and the people in the community would have only two weeks for consultations on the merits of buying the line.

We are confronted with a situation where negotiations could easily be conducted behind the scene, which could favour private owners. We have a very real case in point here. The rumour has it, and there have been reports in the press these past few days saying that the Gaspe-Matapedia line may be sold to a company like Irving, which already owns several similar properties.

In the meantime however, the local population does not know how to react, for lack of information on whether or not the line is for sale.

The bill provides that railway companies shall prepare a three year plan concerning the lines they intend to sell, but this provision is of no use in 1996. The companies have not yet been asked to table these plans. Assuming that the bill became law by the end of the current session and that the companies prepared their plans-because they are required only to prepare plans, to have them on file, not to file them-the stakeholders are in no position to prepare their case, to determine if there would be any potential local buyers. Instead, this will encourage the bringing of railway lines under the control of foreign interests or big money.

Therefore, there is no guarantee that the line will remain open in the medium term. Let us take a case like that of Irving, a company involved in many areas, such as lumbering, automobile gasoline and rail transportation. At times, its interests may conflict with that of the local population.

The bill, as it stands, does not provide well enough that the local population, those who live in that part of the country will have the opportunity to thoroughly analyze the situation, take their responsibilities, and find out if local interests would offer to buy.

In this case, the example of the Gaspe-Matapedia line could be taken one step further by asking ourselves: providing sufficient notice was given, what would keep the solidarity fund recently established for the Lower St. Lawrence and Gaspesian Peninsula from being used to enable a consortium of local interests-this money could be put together with money from other local sources, local interests-to buy the facility and give it a future. Let us stop throwing back into question, year after year, the future of this line.

I notice one disappointing fact and that is the fact that the current federal government does not care the least for regional development. It has really given in to market forces as we see in all the legislation it introduces, of which this is but one example. They say they will let the market forces come into play as much as possible, and under the guise of deregulating, they are tolerating things that do not promote regional development in Quebec and Canada.

I believe it would be in the interest of the Liberal majority, in particular members from the regions, to amend this bill so as to give people in the areas more time to find out about the sale of a rail line, about sale conditions, about the cost and about what kind of development can take place around the line in question.

Other points could be raised. Before, carriers could enter into secret deals to provide services at the lowest possible prices in an effort to stay competitive. They could then remain on the market. However, the law required these agreements to be submitted to the National Transportation Agency. This requirement will be eliminated. Owners of short line railways will no longer have some kind of guarantee that they will have access to major national railways.

In our opinion, this should be corrected to give equal opportunities to owners of short line railways, as there is an increasing number of such railways. We must ensure that these short line railways have a future, that they have the same opportunities as major carriers, so that these people are not sold out.

The other point I wanted to raise is that there is no assurance that there will be a requirement that short line railways be connected to the major networks. I think the bill should be amended to allow for the smooth operation of short line railways. These railways are of local or regional interest and would help develop the whole region.

This bill has another flaw: it says that, in the future, any short line railway can be declared to be in the general interest of Canada. This situation could hurt short line railway owners, since they must co-operate with major railways such as Canadian National and Canadian Pacific, and since that decision would not give these owners the leeway that they would otherwise have if they were regulated only by provincial laws. This would in fact make a lot more sense, considering that almost all short lines are sections of a

railroad in a province. Therefore, they should really be governed by provincial legislation. However, the federal government is giving itself the right to rule that any short line is beneficial to Canada. In so doing, it more or less duplicates the legislation governing owners.

Sure, it is necessary to update the legislation on railroad transportation. However, the bill does not adequately take into account the experience gained over the last 5, 10, 15 or 20 years regarding the abandonment of railway lines.

All these obstacles and difficulties have helped us develop an expertise. In fact, local groups that have developed some expertise in the submission of briefs opposing the abandonment of lines are being somewhat deprived of that expertise, since the bill will no longer allow them to use it in the same fashion. These groups will no longer have adequate information to help local authorities decide what to do when faced with this kind of situation.

I should also point out that clause 99 does not stipulate that the agency must conduct an environmental study before authorizing the construction of a railway line. This seems unusual, given an increasing awareness in Quebec and in Canada regarding the need to assess the environmental impact of any decision of an economic nature.

In short, this is more or less an omnibus bill dealing with several issues. My main concern is with the railway sector. I believe we must use concrete examples, such as the Gaspe-Matapedia line, to show that the bill will become acceptable, if some amendments allow local interests to be well informed about the decisions that will be made by current owners. Furthermore, we must ensure that they have time to draft counterproposals, so that these lines can be taken over as quickly as possible by local interest groups, thus avoiding the situation that we are currently experiencing with the sale of CN.

As we are now finding out, because of insufficient control over the sale of shares, an architectural work of art like the Quebec bridge is now owned in part by American interests. In any discussion about cultural heritage, whether in Quebec or in Canada, it is important to prevent anything of the sort from happening again.

I would urge the government to make sure that the final version of the bill provides for a more transparent process. We all agree on the need for planning and for companies to make plans, saying: "Over the next three years, we intend to get rid of such and such a line", but they should be required to submit their plans to the National Transportation Agency, not just keep them on file. Second, we should have access to this information as quickly as possible so that the public is kept informed.

Time frames of 15 days or 60 days, at present, are inadequate. More time is required, again, to protect local interests.

Let us hope that the approved version of the bill will include these changes and that, if the Gaspé-Matapédia line changes hands, this will be in the best interests of Gaspesians, Quebecers and the people of eastern Quebec and all of eastern Canada, because this is a high quality line. This line, which once provided Gaspesians with their only means of travel in the summertime, has become a major touristic tool. It is therefore important that those who want to ensure its continued development have the opportunity to buy it, in order to avoid unpleasant surprises like seeing the new owner close down the line just a few years from now for reasons that do not necessarily take into account the interests of the region.

Canada Transportation ActGovernment Orders

3:20 p.m.

Reform

Jim Abbott Reform Kootenay East, BC

Mr. Speaker, one of my constituents involved in the tourism industry suggested that rather than me being referred to just as the member for Kootenay East, I be referred to as the member from the part of the beautiful, fabulous, magnificent, sensational, thrilling Canadian Rockies.

I had a look at the old Bill C-101, which was the evil twin of this bill, and found a speech which I had actually prepared for Bill C-101. The design of the bill at first reading was rather interesting because it was designed at a time when it was going to go to a committee. There were things in the speech where we were basically saying: "The difficulty is that we really cannot trust the Liberals in this process because of the way they have been seen to use pile drivers to put nails into boards. We really cannot believe that they are really to be open to the amendments that are required".

What is particularly scary as I reviewed this speech, which I should note I never had the opportunity to give, is that I realized that virtually everything in this speech came to pass. Therefore I go ahead.

I come from a riding which relies heavily on rail transport. Mining and forestry combine to make up a substantial part of the economy in Kootenay East. It is understandable that when I had my office contact companies in my constituency for their opinions on the bill we were inundated with responses. I have compiled a substantial amount of information. We received from some companies detailed amendments to the bill which I will outline in my remarks.

Before I carry on, as I say, this was a speech which was intended to be made at first reading in the hopes that the Liberals would actually follow through on their word and would make this a workable process and make the legislation better. However, they did not. All of the companies responding to our request for

information made it clear they feel strongly that the bill is vital to maintain and enhance competition in Canada's railways.

One forest product company in my riding told our constituency office that it no longer ships its plywood and lumber by rail. Rather than be captive to rail, this company trucks its plywood to Calgary. From there, it is shipped down east by rail but the company has a choice of railways in Calgary.

For the past several years this company has shipped its lumber by truck south to the U.S. to be loaded in rail cars there. It is just a matter of 30 miles south of the U.S. border, which is the bottom of my constituency, where there are two U.S. rail companies that have freight yards.

The person we talked to said that it was cheaper to go through that whole process than to simply put the wood on rail cars to the point of origin. Lumber is also shipped east directly by truck.

I do not blame this company for taking these measures to maintain and retain its position as a viable company. However, having said that, I have to point out the pounding of our park roads and the pounding they are taking in my constituency.

In my constituency I have Yoho National Park and Radium Hot Springs. They sit adjoining Banff and Jasper Parks. Highway 1 goes through there and the amount of traffic that goes across there, plus Highway 16 through Jasper, is growing. It is absolutely immense. The pounding that is going on on those roads is beyond all comprehension. However, the companies are forced to take these moves, to do these things which are really deleterious and detrimental to the parks and to the environment of the parks because of the ongoing legislation of the Tories and the Liberals.

This issue happens to fit hand in glove with the issue of funding our national parks. As a critic of the heritage department, one of the largest concerns I have is how we will continue to fund these roads and continue to make them safe. That is an issue which is directly related to the issue of rail and this rail act.

In the southeast corner of British Columbia, the out valley in my constituency, coal country, there is deep concern about the proposal to eliminate the railway statutory common carrier obligations. The people vehemently oppose this proposal since it would practically render competitive access provisions ineffective. It is extremely important that legislative reform allow Canadian shippers to have access to a truly competitive transportation environment so that our goods can get to world markets at globally competitive prices.

Another coal company in the same area said that the threat to competitive rail prices lies in the overtaxation taking place on rail companies. This example could also be attributed to the forest product company that I mentioned earlier. Canadian railways are taxed at a rate of 53 per cent more than the U.S. and this bill does nothing to address this serious problem.

As a Reform MP, I am dedicated to give credit for any positives if they exist. In this case there are a few places where I can comment on the brighter aspects of this bill. My understanding is that one aspect of the bill, actually supported by a majority of shippers and the Reform Party, is the ability of railways to abandon track that is no longer economically viable. The reason for this is that shippers hope that a more cost efficient railway will eventually translate into benefits for them.

We could also see smaller private rail companies pick up these abandoned tracks and operate them with low overhead and a higher rate of return. However, there are many negatives. As mentioned, smaller private rail companies could take over the operation of smaller track lines. However, this could mean tracks located within provincial boundaries would not fall under the new Canada Transportation Act but instead be regulated under provincial jurisdiction.

A classic example, in this case in my constituency, is where the CP Rail track comes through the Crow's Nest Pass, passes through Sparwood on its way to Fernie on its way to the coast. The difficulty is that the spur line which services three mines, two of which are not associated with CP Rail, would be at the mercy of the following little activity.

If CP Rail said it wants to abandon this line and does so and a subsidiary of CP Rail picks up the line, then these two companies, which are not associated with CP Rail, would come under the direct power of the subsidiary company of CP Rail. This would mean that it would be able to charge the rates it wanted to and the Canada Transportation Act would not apply. They would come under provincial jurisdiction. There is much concern on the part of the people in my constituency over that little sleight of hand.

Unfortunately, many provinces have no or inadequate legislation to deal with rail transport. This bill has made an attempt to deal with this problem but it has been unable to rectify it. Smaller rail lines or short lines would be of possible benefit in regard to service and rates but there remains the fact that short lines will still have to feed on to the main line of CP or CN Rail. These companies therefore do not lose the traffic, just the costs of running it, over the now abandoned or sold lines. This leaves the shipper now having to negotiate rates with two separate companies. In the example I just gave we can see how that could become very convoluted and anti-competitive.

A final concern on short line operators is the possibility of main line railways using the availability of abandonment as a threat

during rate negotiations. This would leave the shipper forced to make a deal rather than lose access to the main line.

Other concerns have been outlined for us with respect to the increasing lack of recourse a shipper has at its disposal to obtain relief to a transportation rate or service.

In section 27(2) a shipper is required to demonstrate that it will suffer significant prejudice if the relief sought is not otherwise available. There is concern first that the term "significant prejudice" is not defined in the bill, nor is it a term which has been introduced or verbalized in the previous railways legislation.

I see from my notes that in spite of the fact that shippers have lobbied hard to have this clause deleted from the bill and the government had recently seemed to be coming around on this concept, it nonetheless quickly extinguished Reform's motion at report stage which called for the deletion of section 27(2). As I said at the outset of my speech, the difficulty we on this side of the House have is that the words of the Liberal government very frequently do not match the reality of what it actually follows through on.

Further, section 34(1) of the proposed legislation enables the agency to award damages against a shipper should it be found that an application is frivolous or vexatious. Unfortunately, this will leave many shippers spending a lot of time and money trying to determine whether or not there is a valid argument.

Section 40(3) of the National Transportation Act, 1987 enables the agency to grant an interim injunction in an appropriate case. This provision does not appear in the bill. If this provision is not included in the bill, and it is not, it will mean that unsatisfactory service will remain intact until a final determination is made by the agency.

I also note that clause 112 of the bill does not clearly define the terms of commercially fair and reasonable. The language of this clause should be defined as a rate which does not cause either party to operate below cost. The reality is that the government has been unwilling to amend or delete this clause. A motion put forward at report stage to delete clause 112 was also shot down by the government despite the vocal concerns expressed by the shippers.

It really makes me wonder. In this and in past debates I have observed the Liberals consistently talking about how they would change the system to make it fair, balanced and equitable. They have said they would expedite the system, when clearly all they do is turn around, give us the words and give us the very old Liberal actions which date back to 1867.

One forest company in my riding said that it spent $6 million a year on rail transportation. It fears because of the points I have just raised that it will be at the mercy of the rail line which will most likely face increased rates with the implementation of this bill.

This was the concluding paragraph in my previous speech: In conclusion, it is important that we see substantial amendments

some of which are included in the legislation. However, because of the intricacies and potential impact of this legislation, and the fact that this Liberal government has yet to exhibit an ability to listen and understand the concern of Canadians, the legislative process for this legislation is suspect. We are hoping we are wrong, but fear we are right. One thing Canadians can count on, as Canada's national opposition, the Reform Party is going to become extreme in its vigilance to see that the government really listens.

We tried. We really did try as we try on so many issues. No matter what the issue is, we try to make the government listen but the government will not listen. It has an aggressive growing arrogance. Sooner or later, Liberal members are going to be revealed for the people they truly are.

This legislation is not only badly flawed but additionally, the legislative process it went through was a joke.

Canada Transportation ActGovernment Orders

3:35 p.m.

The Speaker

Is the House ready for the question?

Canada Transportation ActGovernment Orders

3:35 p.m.

Some hon. members

Question.

Canada Transportation ActGovernment Orders

3:35 p.m.

The Speaker

Is it the pleasure of the House to adopt the motion?

Canada Transportation ActGovernment Orders

3:35 p.m.

Some hon. members

Agreed.

Canada Transportation ActGovernment Orders

3:35 p.m.

Some hon. members

No.

Canada Transportation ActGovernment Orders

3:35 p.m.

The Speaker

All those in favour of the motion will please say yea.