Madam Speaker, I am pleased to speak to Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992. We will be looking at this bill together. However, we should look at its history and remember how, in this Parliament, it takes time to adopt a bill that has unanimous support across Canada and, above all, which has had the full support of Quebec since 2002.
My Liberal colleague was quite right: the Liberals introduced the bill in 2002, there were consultations in 2004 and, since then, a series of elections have prevented passage of the bill. The Liberal government elected in 2004 lasted about 18 months. Although they introduced the bill, it was not a national emergency. The Liberal government did not do everything it could to move this bill forward.
An election was called and the Conservative government came to power. It was not a national priority for it either. In the Conservatives' first term, from 2006 to 2008, it was not urgent. Thus, the bill did not go through all the stages.
The Conservative government was re-elected and it seemed that it wanted to move the bill forward because, as some colleagues pointed out, it had the support of all provinces and territories. The transportation of dangerous goods is an urgent matter that we must deal with.
I will take this opportunity to read Bill C-9's summary, which states:
The main amendments fall into two categories: new security requirements and safety amendments. These amendments include the following:
(a) requirements for security plans and security training;
(b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances;
(c) the creation of a choice of instruments — regulations, security measures and interim orders — to govern security in relation to dangerous goods;
(d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation;
(e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen;
(f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings;
(g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and
(h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.
When we read that summary, we realize that this bill should have been passed long ago. I find it amusing that, throughout the committee stage, the Conservatives have insisted that it was urgent that the bill be passed because of the Vancouver Olympics. This bill has been on the shelf since 2002, and consultations were conducted in 2004. At that time, it was urgent that the bill be passed.
Some of the bill's clauses will not apply to the 2010 Olympic Games. That is a cold hard fact. I do not know whether there is a problem within the Conservative Party with the implementation or passage of this bill respecting the transportation of dangerous goods. I do not know if the party is trying to sell to its rank and file the idea of passing a bill because of the 2010 Olympic Games, but this particular bill ought to have been passed long before now. It should have been a priority of this government but was not, when it was elected in 2006.
I indicated that it would not be possible to pass a number of provisions contained in the bill. One reason for this is the serious implications with respect to transportation security clearances.
I will read the new subsection 5.2(1) because it is worth reading:
No prescribed person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation—or that is within a range of quantities or concentrations ... --unless the person has a transportation security clearance granted under subsection (2).
Truckers wishing to transport dangerous goods must have a security clearance. This measure is in force in the United States, with all of its attendant advantages and disadvantages. I am sure that some of my colleagues will talk about the impact of that measure.
The text states very clearly: “No prescribed person shall...”. The problem is that there is not enough time between now and the start of the Olympic Games to implement the transportation security clearance domestically. It can be implemented for international transportation, but the Conservatives and their band of supporters are trying to sell us on this idea and to convince us that we need transportation security clearances for cross-border transportation of goods because, they claim, if some disaster were to occur, it would originate in the United States.
Forget that. The Americans already have their own security clearances, and there is no way a catastrophe originating in the United States could strike the games in Vancouver. If something were to happen, it would originate in Canada. Many other countries have already called our borders porous because of our huge navigable waterways and our extensive borders. Even individuals can move freely between the United States and Canada.
In terms of security, RCMP officers have been replaced at the Conservatives' instigation. They are the ones who removed RCMP officers from airports, ports, and so on. Those officers were replaced by security guards. That is a fact.
In theory, if the government really wanted security clearances to protect the Vancouver games, such clearances should also apply to interprovincial transportation and the transportation of goods within Canada. Transport Canada officials have told us that there is not enough time between now and 2010 to implement the new rules and to have all truckers take the tests.
The company that the Americans asked to give tests to all the truckers carrying dangerous goods to the United States was questioned and it was discovered that between 10% and 15% of the truckers had not obtained their security clearances for the reasons decided on by the countries. We will also have to pay attention, therefore, and the industry will have to ask itself some questions. Everyone seems to agree on that and I do too because what matters to us in the Bloc Québécois is what Quebeckers think.
Transports Québec has been involved in this entire discussion since 2004 and agrees completely that it is taking too long to pass this legislation. As I said, though, the objective cannot be 2010 because it would take three to five years to implement a measure like this on interprovincial transportation within Canada. It was the public servants who came and told us that.
When it says here, “No prescribed person—” the first people involved will be those who transport goods back and forth to the United States and have easier access to it because of their accreditations. Once Canada issues these security clearances, the American will accept them and it will be easier to transport dangerous goods between Canada and the United States.
Once the security clearances and accreditations have been issued, the Americans will recognize Canada’s and vice versa. It will be easier therefore. I have a lot of problems, though, with the fact the government is trying to sell this by saying it is for the 2010 Olympic Games. I had a lot of problems with it as soon as I saw it and I still do today. Regardless, though, this bill should be passed and the Bloc Québécois will be responsible and do all it can to ensure it goes as quickly as possible.
That brings us to the fact that if this passes, we know very well that regulations will be produced along the way. It is true. Some of our colleagues have asked questions, amendments have been proposed, and some questions still need to be asked about the regulations. Insofar as the security clearances are concerned, these questions include the fact that it says they are for prescribed persons.
This means that after the bill is passed, regulations will be adopted by the Department of Transport. They do not have to go through the House of Commons. That is where abuses could arise. Since the Conservatives came to power, many members have felt that their right-wing ideology is very dangerous when legislation is left in their hands. By dangerous, I mean that respect for human rights and freedoms is not always their cup of tea.
So in some respects, it is true that it is not easy, because the department still has to have some leeway. In fact, the types of dangerous goods will also be determined by regulation. There is a whole slew of new products, and it is not easy to create enabling legislation that covers everything that might happen in the industry. It is only natural to leave it up to the government or the minister, regardless of who that may be at the time, to pass regulations to protect people.
In committee, the Liberals introduced an amendment that everyone supported. We supported it, and so did the party in power. I want to read the proposed subsection 30(3). This is on page 26 of the English text:
Section 30 of the Act is amended by adding the following after subsection (2):
(3) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.
We wanted this amendment to be added to the bill so that if a complaint were ever filed with Transport Canada, it would be referred to the Standing Committee on Transport, Infrastructure and Communities, which could conduct an investigation. We have to be careful, because the transportation of dangerous goods poses a problem not only for people who have to deal with highways or major railways in their areas, but also for people who see the St. Lawrence River and the St. Lawrence Seaway being used to transport dangerous goods.
The purpose of the bill is simple: to force companies to have an emergency response plan, in order to ensure that everyone who handles these materials is authorized to do so and has the proper security clearance. It is not enough that they have the skills. It is important to ensure that they do not have any history of evil plans that they could act on.
Clearly, the interest is there, but there is no real transparency, and that is for two reasons. People do not want the information to be made public: for instance, on a given date, a certain quantity of a given substance is going to be transported by road, by rail or by ship. We must not give any ideas to people who may have evil plans. So this information remains secret. The reverse situation is also true: it prevents people from worrying about the transportation of hazardous materials and prevents protests and public outcries about the fact that hazardous material is being transported within our borders.
It was time, however. As I was saying—it is not because of Vancouver 2010—passing such bill was a matter of a national urgency. Indeed, we live in a chemical and technological era, and companies whose business involves selling, transporting and delivering hazardous materials must be obliged to have an emergency response plan, that is, a method for taking action.
This means that, should extremely dangerous goods ever be transported within our borders, Transport Canada would automatically receive the company's plan. The company is responsible for ensuring safety in the event of a spill or explosion when it is transporting explosives or something of the sort. It is therefore up to the company to arrange for all fire brigades along the way to be contacted. It is required to demonstrate to Transport Canada that it is able to respond to an emergency.
My earlier remarks were to the effect that passing this bill is a matter of national safety. This should have been done years ago. I will not get into the details of why, after dragging their feet for four years, the Conservatives have now decided to use the Olympics as an excuse to get their rank and file to support it. The fact is that, when dangerous goods are transported on our roads, railways or seaways, it is imperative to have an emergency plan. Other countries around the world have emergency plans. The United States and Europe already have theirs. Canada is always lagging behind when it comes to that sort of thing. It is time that we have a plan.
This bill deserves to move forward. That is why I read clause 30, which says that the committee must receive complaints and intervene accordingly at all times. All of the provinces and territories have approved the application of these regulations. The text, particularly paragraph (f) of the summary, reads as follows: “clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings”. That is not as easy as it sounds.
Quebec has its own inspection and verification procedure. We have our own network of surface transportation inspectors, known as “les Verts”, for those familiar with the term. We have our police force, the Sûreté du Québec, and we have ministry of transportation inspectors who are regulated by Quebec and intervene as required. In Quebec, public safety is the Government of Quebec's responsibility. The bill could simply not be enforced or supported without the Government of Quebec's support, which has been granted.
We must also ensure that the government can provide compensation if the bill gives rise to additional expenses for the territories and provinces. I am also the infrastructure critic and I have had discussions with municipal representatives while touring Quebec. Bills and changes to the Criminal Code have been adopted that have resulted in additional expenses for big cities dealing with crime. The money never arrives at its destination. Bills are adopted and when the laws are implemented it is the communities, towns and provinces that have to foot the bill. Money was provided to help fight street gangs but it was not enough, given how the problem has grown. That is an example of additional expenses.
All too often the federal government passes laws. This type of bill does not provide for any assistance to the provinces and the territories. I hope that the government realizes that it is making more work for inspectors working in Quebec. I hope that it will not create an inspection service that, once again, will duplicate Quebec's inspection services or will create a new federal inspection service when one already exists in Quebec. If it does, it must provide compensation for the work done by the province in order to comply with the legislation.
The Bloc Québécois will support this bill, which should have been adopted in 2004. The government can count on our full support to move this bill forward.