Madam Speaker, it is my pleasure to rise in the House today in response to the motion to have a new section in this bill that would require railways to fund provincial or local government costs. We are not able to support these proposed changes for a number of reasons.
Subsection 24(3) proposed by the hon. member of the third party seeks to make railways responsible for reimbursing governments for any cost they may incur in complying with requirements established under subsection 24(1) of the Railway Safety Act. We should consider what this truly implies and particularly how this motion would improve safety.
The requirements under subsection 24(1) of the act could conclude control or prohibition of a variety of land uses adjacent to railway property to the extent that they may constitute a threat to safe railway operations. This might mean buildings or other structures, mining operations, drainage systems, storage of materials on adjacent property, and fencing to name a few. Bill C-58 adds to this list by proposing that safety requirements could be established for road approaches, an important provision that I will touch on later.
It is important to remember that section 24 of the act does not address who will pay for meeting safety requirements, except where the owner, lessee or occupier of the land suffers a loss. In that case the act wisely provides that the railway company will pay such losses as are agreed to between the parties. It also provides that where there is a dispute, the Canadian Transportation Agency may make a determination. This appeal process is specifically intended to ensure that any economic considerations are resolved through an independent body.
There is the question of the costs of meeting any regulations established under this section. All government regulations are developed in consultation with affected parties so that both the cost of complying with the requirements and the safety benefits are established. Each specific regulation must also identify which party is responsible for meeting the requirements.
For example, a regulation may specify that a drainage system meet certain standards for the purpose of railway safety. It would normally be the responsibility of the owner of the drainage system to design and build it in compliance with the law. It would be their responsibility to pay for it. This is the very same situation for the railway company today that must pay the cost of meeting requirements for safety of rail equipment, or manufacturers of motor vehicles that must meet safety standards.
On the third point, subsection 24(1) applies widely and not just to provincial, local or municipal governments. Many of the owners or occupiers of land are private industries or individuals. Even if we supported the intent of this motion, which we do not, it would not help anyone other than governments.
I would like to turn for a moment to the intent of clause 19 of the bill as presently written. It adds two sections aimed at improving the safety at railway crossings, an important issue for all Canadians and a major priority for the Department of Transport.
Every year in Canada people are needlessly killed and injured in accidents at crossings and while trespassing on railroad property. While the number of accidents has come down, initiatives proposed in the bill will help to reduce it even further.
This will ensure that Canada maintains its commendable rail safety record as was noticed by the chairman of the Standing Committee on Transport.
The intent of the bill is to improve the safety of Canada's rail transportation system. The act recognizes that a number of parties are involved in meeting this objective and has the necessary authority to ensure the respective obligations are met.
The proposed motion does not in any way lead to a possible improvement in this regard, since it addresses economic issues only. It would also conflict with government regulatory policy by making only one party bear the cost when in many cases others have responsibility to do so also.
The act already provides adequate protection where there are economic disputes. This motion is not, in our opinion, necessary for that purpose. Therefore the government is unable to support the proposed amendment by the hon. member. The Railway Safety Act has already led the way in ensuring that our nation's railways operate in an extremely safe manner.
The review of this legislation has shown that our system meets high safety standards. Bill C-58 will ensure that we continue to build on this well established safety base.
I strongly urge all hon. members to give quick passage to this legislation when put forward for third and final reading.