House of Commons Hansard #95 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was rail.

Topics

Safer Railways ActGovernment Orders

12:20 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, we do support it and we will not delay it.

Safer Railways ActGovernment Orders

12:20 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, rail is really important. There is an organization called the Coalition for Algoma Passenger Trains, based out of Sault Ste. Marie, which has been very actively pushing its vision for passenger trains in northern Ontario. I can tell the House that the East Algoma chiefs, mayors and reeves have been working very closely with it in trying to get that to go forward. We hope that the government will give some consideration to the need to implement passenger trains across northern Ontario because we do not have a lot of public transportation there.

I noticed that my colleague across the way mentioned that the New Democrats did not support previous funding for rail, but what he neglected to say was that the reason we did not support the budget was that it contained poison pills.

My colleague talked about rail safety and I am wondering if he could elaborate on the exemptions that he spoke about on the air-rail link. I ask because I tend to think that we still have a lot of work to do in this area.

Safer Railways ActGovernment Orders

12:25 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, that is an excellent question. I was as shocked as anyone to discover that the Canadian Transportation Agency had in fact exempted what is being touted as a world-class railway. It will be the only diesel railway on the planet between an airport and a downtown. It is being touted as world class and it is now seeking and being given an exemption from the regulations governing railroads in this country. I am astounded that the Canadian Transportation Agency, an agency of the government, would in fact exempt any railroad in Canada from the regulations, particularly one that goes through heavily-populated areas of the city of Toronto and for which safety should be paramount.

We note there have been some changes to who will be the operator of this railroad. Therefore, there will need to be a second application to the Canadian Transportation Agency and perhaps this time it will make sure that they are regulated.

Safer Railways ActGovernment Orders

12:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the hon. member gave a very cogent presentation, in which he talked not only about what is in the bill on paper but also the needed commitment from the government to actually implement and enforce the bill, which is equally important.

I note that in his 2011 report, the Commissioner of the Environment and Sustainable Development found profound problems with Transport Canada in its failure to effectively inspect and enforce, including following up and ensuring that emergency response assistance plans were effective and in place. I also note that the legislation allows for further exemptions. I wonder if the member could speak to the fact that we need not only good, strong, improved legislation, which New Democrats support, but also to have it effectively enforced.

Safer Railways ActGovernment Orders

12:25 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Clearly, Mr. Speaker, if we pass the best laws in the land and do not enforce them, there is no reason to pass them. This is a very good bill, but the member is absolutely right that without the mechanisms to enforce it and the personnel or employees at Transport Canada going forward, as they will do, and inspecting the rails and rail carriers and their adherence to pollution requirements, which is also part of this bill, then we will have wasted our time in passing this bill.

Safer Railways ActGovernment Orders

12:25 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, I am pleased to have the opportunity to speak today about our government's efforts to improve the safety of Canada's national railway system through the safer railways act. For my riding of Elmwood—Transcona, the name Transcona comes from “transcontinental“ which is one of the CN line's main facilities that was put into my riding many years ago. So the background of my riding is very much historically involved with the rail industry.

These amendments have been supported from the outset by all stakeholders. The government introduced a similar bill, an act to amend the railway safety act, on June 4, 2010. Also known as Bill C-33, it was studied by the Standing Committee on Transport, Infrastructure and Communities. It was approved unanimously by the committee, with minor changes, on March 10, 2011 and reported to the other House on March 11, 2011. However, the opposition prioritized politics over the safety of Canadians. This bill died on the order paper on March 25, 2011, with the call of an election.

During the second reading debate on Bill S-4, members in the other place shared personal stories concerning the economic and environmental damage and personal tragedies that had resulted from rail accidents in their own jurisdictions. Their reactions to the proposed amendments were very positive. I believe our shared support of this important safety legislation reflects a common desire to ensure our national railway system, which is one of the most important components of our economic infrastructure, remains one of the safest in the world for the long-term benefit of our economy, our communities and our environment. The safety and prosperity of Canadians is of paramount importance to us all.

Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, was introduced in the other place on November 1, 2011. This bill was studied by the Standing Senate Committee on Transport and Communications and approved unanimously by the committee with one amendment. It was reported to the other place on November 24, 2011. By reintroducing proposed amendments to the Railway Safety Act, the government is reiterating its commitment to a safe and secure national rail transportation system, not only to communities across the country but also to Canada's economic well-being and its vision to further improve rail safety and environmental protection.

Before going further, I would like to remind hon. members of the origins and purpose of this bill. For many years, the safety of Canada's federal railways was regulated under the Railway Act, originated at the turn of the century when Canada's railway system was rapidly expanding. The Railway Act was designed for an older era. At that time, much of the national rail system was under construction to open up new territory and to encourage settlement. In 1989, the Railway Act was replaced by the Railway Safety Act, which was designed to achieve the objectives of the national transportation policy relating to the safety of railway operations and to address the many changes that had taken place in the rail transportation industry in recent years. It was a time of privatization and restructuring, supported by a new federal policy that separated economic and safety legislation to provide the railway companies with the flexibility they needed to prosper.

The Railway Safety Act gave direct jurisdiction over safety matters to the Minister of Transport, to be administered by Transport Canada where responsibility for other federally regulated modes of transportation resides. Today, economic regulation of the rail industry is guided by the Canada Transportation Act, which provides an overall framework to ensure a national transportation system that is competitive, economic and efficient. That act, which came into effect in 1996, also established the Canadian Transportation Agency which is responsible for dispute resolution and economic regulation of all modes of transport under federal jurisdiction, including rail.

Rail safety regulation, on the other hand, is governed by the Railway Safety Act which was developed in the spirit of co-operation between industry and government. The Railway Safety Act moved away from a fully prescriptive regulatory approach to one that recognized the responsibility of railway companies for the safety of their own operations.

At the same time, the federal government, through Transport Canada, retained the responsibility and the power to protect people, property and the environment by ensuring that the railway companies operate safely within the national framework. Transport Canada undertakes its responsibility to maintain a safe national rail system through policy and regulatory development, outreach and education, and oversight and enforcement of the rules and regulations it implements under the authority of the Railway Safety Act.

Applied in tandem, the Railway Safety Act and the Canada Transportation Act have successfully guided the growth of Canada's rail sector since the 1990s. But there are issues. As it stands today, the interrelationship of the Railway Safety Act and the Canada Transportation Act has created a notable gap in rail safety oversight that must be addressed if we are to ensure the continued safety of our national railway industry.

Following a review of the Railway Safety Act in 1994, the act was amended in 1999 to further improve the legislation and to make the railway systems even safer. Those amendments were designed to fully modernize the legislative and regulatory framework of Canada's rail transportation system. They were also designed to make railway companies more responsible for managing their operations safely. They gave the general public and interested parties a greater say on issues of rail safety.

The fundamental principles on which the regulation of railway safety in Canada is based are: to promote and provide for the safety of the public and personnel, and the protection of property and the environment in the operation of railways; to encourage the collaboration and participation of interested parties in improving railway safety; to recognize the responsibility of railway companies in ensuring the safety of their operations; and finally, to facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of our railway safety.

The 1999 amendments to the Railway Safety Act aimed to help achieve these objectives by providing for the safety of the public and personnel and the protection of property, and the environment in the operation of railways; and by providing the regulator with the authority to require railway companies to implement safety management systems.

In 2007 the Minister of Transport, Infrastructure and Communities launched a review of the Railway Safety Act following a series of devastating train derailments that had caused the death of loved ones, the disruption of businesses, and the serious pollution of trackside lakes, rivers and communities.

An independent panel conducted a review of the existing Railway Safety Act. This review was intended to identify possible gaps and make recommendations for improving railway safety. The panel of experts commissioned research and held extensive public consultations across the country.

Over the course of a year that panel travelled from coast to coast gathering input from a full spectrum of concerned stakeholders, including the railway companies and their association, the railway unions, shippers, suppliers, municipalities, other national organizations, other levels of government and the public. Interest in the consultations was high and all key stakeholders participated.

The panel's final report, “Stronger Ties: A Shared Commitment to Railway Safety”, was tabled in the House by the Minister of Transport in March 2008. In the report the panellists noted that although the Railway Safety Act and its principles were fundamentally sound, more work was needed. A number of legislative improvements were required. The report contained 56 recommendations to improve rail safety in Canada.

The standing committee, which also conducted extensive stakeholder consultations, accepted the panel's recommendations and tabled its own report in the House in May 2008 with 14 recommendations, many of which built on those of the Railway Safety Act review.

Both reports identified key areas for improvement and recommended increasing Transport Canada's resources to allow it to strengthen its oversight and enforcement capacity and to implement new safety initiatives.

Transport Canada agrees with the recommendations of these reports. It has taken steps to action them through a variety of government, industry and union initiatives, and through the proposed legislative amendments to the Railway Safety Act which are required to address key recommendations and enable many safety initiatives.

The proposed amendments would significantly modernize the current Railway Safety Act to reflect changes in the industry and provide for higher levels of oversight and enforcement. The key elements and advantages of the bill are clear and would include: a stronger oversight and enforcement capacity for Transport Canada through the introduction of safety-based railway operating certificates and monetary fines for safety violations, as well as an increase in existing judicial penalties to reflect the levels found in other modes of transport; a significantly stronger focus on the importance of railway accountability and safety management systems, which both industry and labour applaud; a clarification of the minister's authority on matters of railway safety to bridge existing gaps in the act; and, an expansion of regulation-making authorities which have particular importance and would enable Transport Canada to require annual environmental management plans from the railways as well as a requirement for railways to provide emissions labelling on equipment and emissions data for review.

In sum, these proposed amendments to the act would improve rail safety in Canada for the long term. They are the culmination of two important studies and extensive consultations. They provide increased safety for Canadians and Canadian communities; economic benefits to the industry by decreasing the likelihood of costly accidents and delays; a variety of benefits to external stakeholders, including provinces, municipalities, shippers and the travelling public; and last, but far from least, support for a stronger economy, a modern infrastructure and a cleaner environment for all Canadians.

The Standing Committee on Transport, Infrastructure and Communities, the same committee that launched its own review of rail safety and made many of the recommendations reflected in this bill, has examined the contents of these proposed amendments thoroughly. It has given the bill its unanimous blessing with only a few minor adjustments.

During this examination, the committee heard strong support for this bill from a number of key stakeholders, including railways, the unions and municipalities. Clearly, this bill has been analyzed and consulted on exhaustively. It is our responsibility to move forward with the passing of this legislation.

This bill has already gained widespread support. Witnesses before the committee expressed strong support for the implementation of safety-based railway operating certificates for railways that run on federal track. These certificates would significantly strengthen Transport Canada's oversight capacity and ensure that all companies have an effective safety management system in place before beginning operations. Companies that are already in operation would be granted a two year grace period to meet the requirements for their certificate. This would include all federally regulated railways as well as several of our largest national transit systems that use hundreds of miles of federal track and carry millions of Canadians to and from work daily. Increased safety for these travellers would be a significant benefit for businesses, communities and families.

Witnesses before the committee also expressed their support for the introduction of monetary penalties and an increase in judicial fines for serious contraventions of safety regulations. Monetary penalties already exist in other modes of transport. They serve as a complementary enforcement tool to existing notices and orders and provide additional leverage on companies that persist in safety violations. The proposed increase in judicial fines, established 20 years ago, would also strengthen Transport Canada's enforcement options and bring those fines to a level currently found in other modes.

Witnesses before the committee also spoke of the significant improvements contained in the bill, particularly for the implementation of safety management systems. There was strong support for the introduction of a requirement for a designated executive legally responsible for safety issues.

There was also strong support for an introduction of whistleblower protection for railway employees who raised safety concerns. In fact, support for this was sufficiently strong that the committee approved an amendment to the bill that would provide additional safety reporting options for employees, including direct reporting to Transport Canada. Amendments such as these will help the growth of a strong safety culture in railway companies.

I would like to point out that the expansion of reporting options for safety violations was the only significant amendment made by the committee to the original version of the bill that was referred to it after second reading. There were seven other amendments made by the committee, all of which were minor technical adjustments and clarifications of definitions.

Personally, this is a very impressive achievement, as very few bills make it through committee with such overwhelming accord.

Finally, the committee heard strong support to move the bill forward as quickly as possible so we could begin implementing an enhanced railway safety regime that would clearly benefit industry, benefit labour, benefit communities and benefit the Canadian public.

Without these amendments, the government's ability to effectively regulate railway companies in an environment of continued growth and increasing complexity would be sorely diminished. Improvement to Transport Canada's regulatory oversight and enforcement programs would be limited. The pursuit of new safety initiatives, with respect to safety management systems and environmental management, would be badly constrained. The legislative framework for railways would remain inconsistent with other transportation modes, which have a broader range of enforcement tools. Regulation-making authorities could not be expanded to allow for the creation of safety-based operating certificates and increased environmental protection.

Members' support for the bill will result in fewer long-term costs for the government and Canadians, due to reduced fatalities, serious injuries and damage to both property and the environment. There is no controversy over the intent or the content of the bill. We all want better railway safety in our country. This bill is the blueprint to ensure that we can achieve that.

The legislation would strengthen the national rail system that is so vital to our economy. By reducing the risk of accidents, we would enhance the competitiveness of our railways, increase the public safety of Canadians and add an additional layer or protection for our natural environment.

These amendments are a priority for the government. Canada's railways are vitally important to the national economy and are the most fuel-efficient form of transport for the movement of goods in our interdependent transportation system. Our railways have 73,000 kilometres of track stretching from coast to coast, more than 3,000 locomotives and handle more than 4 million carloads of freight. They operate more than 700 trains per day, moving nearly 70 million passengers and 75% of all surplus freight in the country. The railways were the foundation of our national growth in the past. They remain integral to our prosperity in the future.

Since the launch of the Railway Safety Act review in 2007, Transport Canada has worked continuously with stakeholders, through an advisory council on railway safety, joint technical working groups and individual consultations across the country to ensure the bill will meet the needs of all parties engaged in the rail industry.

We believe these proposed amendments are essential in timely. They respond directly to the recommendations of two important studies on rail safety that involved the high level of participation from all key stakeholders in the rail sector.

The bill has been exhaustively debated and analyzed for several years. It has received widespread support from all interested parties. It is now time to move forward with the passing of this important legislation for the safety of all Canadians.

We are modernizing the Railway Safety Act to reflect the requirements of a growing and increasingly complex rail industry, and these are changes all Canadians can agree upon.

I move:

That this question be now put.

Safer Railways ActGovernment Orders

12:45 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I note the member for Elmwood—Transcona is a member of the transportation committee and I appreciate his work there, but I would like to ask him in specific terms about his reference to environmental improvements as a result of the bill.

As he is probably aware, the railway companies in Canada have a memorandum of understanding with Environment Canada, not with Transport Canada, as far as their engine emissions go. The engines themselves pollute dramatically. They are full of nitrous oxide and particulate matter. There is a movement in North America, led usually in the United States, to reduce the amount of pollutants that will be released into the atmosphere by the engines of railway companies.

Could the member tell us how this bill would improve that?

Safer Railways ActGovernment Orders

12:45 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, the question really is one of ultimately improving the emissions of the locomotives themselves. However, the key issue is environmental protection as far as safety on the railways goes. When we have derailments, accidents and collisions, there is a very negative impact on the environment, which could be to rivers, or lakes. It could have a very negative impact on being close to homes.

Earlier the member talked about how some of these lines ran very close to residential communities and about his desire to have greater protection for those residential communities. The bill would address those impacts on the environment in a very great way because it would significantly reduce the opportunities for accidents, which would protect our environment from spills that could occur from these accidents.

Safer Railways ActGovernment Orders

12:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the comments of the member. I know the CN yards and so forth make up a good portion of the member's riding.

Rail safety is a huge concern for all people, all the different stakeholders. It is good to see this bill. We believe it will have an impact.

I wonder if the member could look into the future. Western Canada has been growing in terms of its population. There is a need to look at the possibility of where additional rail services could be offered through western Canada. One of the examples I used earlier was that VIA did not go through Regina and that people had to go through Saskatoon. Many people would welcome the opportunity to see expansion within the train industry.

Could the member share some of his thoughts in regard to the growth in western Canada and the future of railway in that area of the country?

Safer Railways ActGovernment Orders

12:50 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, the bill actually deals more with the safety aspects. The expansion of railway services or passenger rail services is really not part of the bill.

Being from western Canada, I would support seeing some growth and expansion of railway services, both freight and passenger. However, one of the key elements that was touched on was the fact that there was growth in the rail industry, and we have seen great growth. I have witnessed it in my own riding.

We have a lot of communities growing around what were originally the yards. I think of the yards in Transcona that were built in an isolated part outside of the city. Now the city has grown around them. We have this great infrastructure already in place and we want to maintain that. Therefore, it is important we have the safety measures in place to protect those residential areas that have grown around those kinds of infrastructures.

Safer Railways ActGovernment Orders

12:50 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, my colleague spoke about the safety of Canadians and indicated this was paramount to the government. I am sure he is aware that not a lot of changes were made in Bill S-4. A lot of work was done when it used to be Bill C-33, and the amendments were made by the NDP member for Western Arctic.

On that note, I would like to indicate that there are a lot of rail systems throughout northern Ontario. A number of those rail cars carry dangerous contents, so we see this as a very positive move. Could my colleague speak about the fact that there are still exemptions available to rail companies on this matter? If we talk about the safety of Canadians as a whole, we need to recognize that there should not be any exemptions at all when it comes to the well-being and safety and security of Canadians. Could he elaborate on the fact that there are exceptions from safety regulations that protect the public under the bill?

Safer Railways ActGovernment Orders

12:50 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, I am very glad to hear that she and her party are supportive of the bill and that we can move forward with it so we have greater safety and protection for the Canadian public. The bill goes a long way in moving us in the direction we need to go. Being supported by industry, the unions, across the board by all stakeholders, goes to show that we have come up with a bill that can be used for protection of all members of our society.

Safer Railways ActGovernment Orders

12:55 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, the other piece of the puzzle is the regulations that may ensue. As the member is aware, there has been a renewed call in Canada for positive train control to be implemented as soon as humanly possible, given the recent accident in Burlington and other accidents that have happened in the past. As he is also aware, the federal railroad administration in the United States has already moved in that direction.

Would the member like to comment as to whether his government will be proceeding with regulations on this matter?

Safer Railways ActGovernment Orders

12:55 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, I am very happy the member is pleased with the bill before us and that we are moving in a positive direction for the safety and protection of Canadians.

Regarding positive train control, we are monitoring the development of positive train control in the United States. However, we also realize and understand that it is experiencing some delays due to some technical challenges. We will continue to monitor that situation.

Safer Railways ActGovernment Orders

12:55 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I really appreciate the fact that the member spoke to this very important issue. We all know that Jim Maloway, who was the NDP MP for Elmwood—Transcona, spoke on any issue because he was so knowledgeable.

When it comes to rail, this is extremely important. VIA Rail comes through my riding as well. I am very pleased to see the safety aspect, but when it comes to passenger trains, could he elaborate as to why his government would have large cuts, probably about $200 million, to VIA Rail when passenger rail is the important piece we need to have in our communities?

Safer Railways ActGovernment Orders

12:55 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, I can assure the member that I will never speak as many words as my predecessor. I will allow the rest of the members of the House to have an opportunity to also speak once in a while.

In regard to her question, it is important that we look at the railway safety aspect of things. The bottom line is safety for passengers, safety for residential neighbourhoods and safety and protection of our environment. The bill addresses that.

Safer Railways ActGovernment Orders

12:55 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I will be sharing my time with the hon. member for Notre-Dame-de-Grâce—Lachine.

It is a pleasure to speak to Bill S-4, the safer railways act. I would like to reiterate the comments I made this morning. Very often the opposition stands in the House and criticizes the government, as is our job to do and as is very often necessary in this place. However, it is also important to give credit where credit is due. I want to congratulate the government and the minister in particular on bringing forward a piece of legislation which is much needed, well crafted and will accomplish a great deal on railway safety in this country.

Our party's late leader, Jack Layton, used to talk about it being necessary to propose as often as oppose. The corollary to that is it is important to compliment and criticize when each is due.

The bill has been 20 years in the making. The reason the bill is in as good a shape as it is the approach that was used on this legislation. All Canadians would like to see more of that approach. The government sat down and consulted with industry, labour, and stakeholders of many different stripes. Government members sat in committee, listened to expert testimony and worked with the official opposition and all parties to make improvements to the legislation. Once again I want to thank the government and point out that its good work has resulted in a piece of legislation that is improved because of that approach. I might suggest that the government follow this procedure more often. I think it is something Canadians want to see.

The bill seeks to modify the Railway Safety Act to do a number of things. It improves the oversight capacity of the Department of Transport. It requires railway companies to obtain the safety-based railway operating certificate that indicates compliance with regulatory requirements.

The bill strengthens the department's enforcement powers by introducing administrative monetary penalties and increasing court-enforced penalties. It enhances the role of safety management systems by including a provision for the identification of a railway executive who would be legally responsible for safety, and a whistleblower protection system for employees of railway companies who raise safety concerns. I will talk about that very important aspect in a moment.

The bill clarifies the authority and responsibilities of the Minister of Transport with respect to railway matters. It expands regulation-making authorities and clarifies the process for rule making by railway companies.

By way of background, Bill S-4 was introduced on October 6, 2011 in the Senate by the leader of the government there. Bill S-4 is virtually identical to former Bill C-33, which was introduced in the House of Commons during the third session of the 40th Parliament.

Bill C-33 was studied by the House of Commons Standing Committee on Transport, Infrastructure and Communities, and was reported back to the House of Commons with amendments in March 2011. Unfortunately, the bill died on the order paper when the general election was called later that month.

The text of Bill S-4 incorporates the amendments adopted by the standing committee and otherwise differs from Bill C-33 only by the addition of one new paragraph and some minor changes in wording.

The bill was reported back to the Senate by the Senate Standing Committee on Transport and Communications with that one amendment in November 2011. The bill was sent back to this House where it received first reading in December of last year.

The Railway Safety Act was implemented in 1989. The act sets out a regulatory framework for railways under federal jurisdiction to address matters of safety, security and environmental impact. Transport Canada notes that the Canadian rail industry has changed significantly since the act was amended in 1999 and operations have become increasingly complex and traffic is growing rapidly. Therefore, this bill is timely.

I mentioned earlier that labour supports the bill. I want to mention a couple of things which I think labour was instrumental in achieving.

Labour made several key important points.

It wanted to see better fatigue management. That aspect is addressed in the bill.

It wanted to see greater whistleblower protection. In particular, it wanted to see a process of non-punitive reporting whereby railway employees could report their safety concerns directly to Transport Canada and not to a company manager. If workers identified any defects or safety problems, they could without fear go directly to Transport Canada. There had been a problem. Some railway workers feared being disciplined. Some had been disciplined by companies for nothing more than reporting their safety concerns. This is a positive legislative change.

Some railway workers say that they do not want to rely on good luck and gravity for railway safety. They want to rely on careful attention to detail, and swift and accurate reporting of problems so that accidents do not occur and problems can be identified before something happens.

Bill Brehl, the president of Teamsters Canada Rail Conference, maintenance of way employees division, did stand-up work in pushing for the amendments to this bill and for the overall concept of railway safety to be included in the legislation. Rex Beatty, president of the Teamsters Canada Rail Conference, locomotive engineers, and Rob Smith, the national legislative director of that same body, also played pivotal roles in this piece of legislation.

This also shows how important it is to involve experts and Canadians from coast to coast, to bring to bear in this House their experience, knowledge and expertise. It helps make better legislation. This will make life safer not only for all Canadians, but for the thousands of women and men who work every day on the trains, tracks and rolling stock to keep them in shape.

There are some areas that need improvement. At-grade crossings are a problem in this country. Greater control of trespassing is still a problem which I do not think this bill fully addresses. The issue of track and metal fatigue is not fully addressed by the bill.

In terms of at-grade crossings, approximately 100 people per year are killed in railway accidents. Accidents happen frequently at the at-grade crossings. There are several ways to address this. We could raise the crossings, which is an expensive but effective way to go. We could bring in an automatic train stopping mechanism, as Sweden has done. There are automatic metal detectors and if a vehicle is on the tracks at an at-grade crossing, the train will automatically slow and stop in advance. That is something I would encourage the government to look at and implement as soon as possible.

With respect to trespassing, we need to fence off tracks especially in urban areas, which are places of death and injury. People trespass and get on the tracks, even though they should not.

Last, in terms of track maintenance and metal fatigue, there is no requirement to establish the fatigue life of rails. There are no common industry standards for rail life based on tonnage, defects or steel quality. For a country that relies so heavily on rail, we should be ensuring that we have state of the art world-class standards in this area. We can do more and better in this area.

In 2005 there was a derailment of a train near Wabamun Lake in Alberta. A report pointed out that the railway track safety rules do not provide any guidance on fatigue life, nor are there any common industry standards for rail life based on the state of the metal used on the tracks. A clear recommendation of the Transportation Safety Board was to establish those standards to ensure that the tracks upon which our trains roll are in the best shape possible.

I would like to conclude by thanking members of the committee on all sides of the House, and in particular the good work of our member for Western Arctic. He did such great work in pushing productively, proactively and in a non-partisan way for greater standards in the act.

I congratulate the government on bringing forward a piece of legislation that has the support of all parties of the House. It is a testament to a non-partisan, co-operative way of working together to get the job done which results in good legislation that every Canadian wants to see.

Safer Railways ActGovernment Orders

1:05 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, my colleague mentioned the need for positive train control. Positive train control would have avoided three deaths and a serious amount of damage in Burlington not too long ago where a train was going too fast for the tracks. No one knows exactly why because there was no voice recorder. There are two issues, the voice recorder and the positive train control, neither of which is part of this legislation.

The minister could make regulations enforcing positive train control and voice recorders mandatory. Would the member like to comment on whether the minister should or should not do that?

Safer Railways ActGovernment Orders

1:05 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, absolutely the minister should continue along the path he set which is a very analytical and studied way to improve rail safety. That would include positive train control.

I note that both Canadian National Railways and Canadian Pacific are very healthy financially. They routinely turn over $1 billion or more in profits a year. I think they have the economic strength to bring in the mechanisms and new technology that would result in saving lives. Positive train control cannot be introduced soon enough. I would hope that the minister would look at requiring such controls in the regulations. Industry can afford it. Safety demands it. The government should be committed to it.

Safer Railways ActGovernment Orders

1:10 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I wish to thank my colleague for his excellent speech, for his very appropriate and pertinent comments. Indeed, safety is very important. When it comes to railways, safety definitely cannot be neglected.

My riding of Drummond is fortunate to have VIA Rail service, which goes right through downtown Drummondville. However, this comes with some disadvantages. Vehicular traffic has decreased because cars have to wait for the train to pass, which can take a long time when it is a freight train, or when it is a passenger train and passengers have to embark or disembark.

All that to say that safety must remain a top priority and the legislation must be strengthened. Everything must be done properly in committee. Does my colleague believe that, in committee, good reforms and good amendments to this bill can be proposed in order to create legislation that will improve the safety of Canadians, including those who take the train?

Safer Railways ActGovernment Orders

1:10 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, it is my understanding that the committee has been working very well because members from all parties are getting informed on the subject matter. They are making positive suggestions and the government is listening. Again I want to commend the government for listening and taking those amendments into account. It does not always happen in this place. There are a number of examples where we quite rightfully criticized the government for not taking into account positive suggestions that would make legislation stronger. It is important that we applaud the government when it does do so.

The recent tragedy in Burlington where three VIA Rail employees were killed and 42 passengers were injured is a stark reminder that more needs to be done, particularly with VIA Rail. That investigation is in its early stages, but early indications suggest that speed and a lack of signals inside the train may have played a role. This reinforces what the New Democrats have long said, that although railways in Canada are relatively safe, tragic accidents can and still do occur. These preventable accidents should be avoided at all costs. The federal government has a key role to play in the effort to make train travel safe.

Once again, I would like to see the bill passed. We need to continue to work in this area at the committee stage and with the regulations. Through working together we can ensure that Canada has the best and the safest rail transportation system in the world.

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1:10 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I am very pleased to rise here today to speak to Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act. My riding has an abundance of train tracks that are used by CP, CN and commuter trains. I think it is very important that we take the time to debate this bill, which is a very good bill, as my colleague said. I would like to talk about it a little more, so that the people of my riding really understand what it is all about.

The purpose of the bill is to improve the oversight capacity of the Department of Transport by, for example, requiring railway companies to obtain a safety-based railway operating certificate indicating compliance with regulatory requirements; strengthen the Department of Transport’s enforcement powers by introducing administrative monetary penalties and increasing fines; enhance the role of safety management systems by including provisions for a railway executive who is accountable for safety and a non-punitive reporting system for employees of railway companies; clarify the authority and responsibilities of the Minister of Transport with respect to railway matters; and expand regulation-making powers, including in respect of environmental management, and clarify the process for rule making by railway companies.

Allow me to provide some context for what we are talking about today. In 1989, the Railway Safety Act was born. Seven years later, the Canada Transportation Act was passed. Consideration was subsequently given to re-examining the Railway Safety Act, but the idea was abandoned at the time. Then, in 2000, we started seeing many railway accidents. From 2000 to 2005, there was an increase in the number of incidents, deaths and damage caused by railway accidents. In 2006, the government decided to begin a review of the Railway Safety Act. In May 2008, the Standing Committee on Transport, Infrastructure and Communities made a number of recommendations after studying the issue. In 2010, Bill C-33, which was more or less the same as this one, unfortunately died on the order paper. Finally, there was a Senate bill, which reproduced roughly everything that was in Bill C-33.

All members of our party support this bill. The NDP has often promoted railway safety. We are talking about lives and injured people. We will definitely support a bill that will improve rail safety.

The NDP fully supports the fact that the bill would provide additional powers to more closely regulate the rail system in Canada. However, we find that the bill does not contain concrete measures to achieve that. We are putting pressure on the government to make voice recorders in locomotive cabs and positive train control systems mandatory.

I will explain how a positive train control system works. If a train is going too fast, this system makes it possible to slow down the train remotely. On February 26, there was a train accident in Burlington, Ontario, that killed three people and injured 42. This should never have happened. We know that speed was a factor, but unfortunately we do not know much more than that. We do not know why or who decided this train was travelling too fast. An automatic safety system would have made it possible to control this train and reduce its speed. This accident killed three Canadians—VIA Rail employees—and could have been prevented.

Voice recorders are mandatory for planes and ships, but for some unknown reason they are not mandatory for trains.

Basically, if there had been a voice recorder in the locomotive, we would know what really happened on February 26 and we might be in a position to prevent this type of accident in the future.

In my riding, the train tracks are very close to the houses of my constituents, within a few metres. There are laws about that, and the houses are built at the minimum distance required by law. That worries me.

The railway system in Canada is very safe. We live in a very safe country and we are careful, but improvements have to be made. There are still some shortcomings that allow accidents like the one on February 26 to happen. That was a passenger train. In my riding, many trains that carry hazardous materials also pass through. A speed control system and a voice recording system would enable us to go even further.

I am not really going to say more about it. On this side of the House, we are definitely in favour of the bill, and all the parties involved agree that our country's safety is very important.

Let me reiterate that I am in favour of this bill and pleased that it was introduced. That could have been done earlier. We have gone through a number of stages and we have taken some time before considering the matter. I am really pleased now that the Senate has proposed a bill that will improve our country's railway safety. I also hope that we will be able to go further by perhaps including the two solutions suggested by the NDP.

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1:20 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, it is always a privilege to address the House, particularly so when important issues such as the safety of Canadians, the protection of our environment and the efficiency of our economic infrastructure are on the table, as they are today.

As my hon. colleagues have recently emphasized, the government is committed to the safety and security of Canadians and Canadian communities and to a safe, dependable and modern transportation system to support the continuing well-being and prosperity of this country.

We cannot claim to have instant solutions for every new challenge that arises. Nobody can. However, as we have demonstrated time and time again, we are always willing to work openly and transparently in consultation with stakeholders and Canadians to ensure that the solutions and initiatives we develop are those this country needs to safely flourish and grow.

I believe the Safer Railways Act, brought forward today, is a fitting testimony to the success of our approach.

When the Minister of Transport, Infrastructure and Communities launched the Railway Safety Act review in 2007, Canada had recently suffered a series of devastating trail derailments that had caused the death of loved ones, the disruption of businesses, and a serious pollution of track-side lakes, rivers and communities.

During the course of extensive inspections and audits undertaken by Transport Canada following these accidents, the regulator identified numerous deficiencies that contributed to decreased safety levels, including non-compliance by the railway companies with various safety requirements.

There was a general concern with the level of the railways' compliance with regulations. Accordingly, the terms of reference for this Railway Safety Act review specifically directed the independent panel to examine the adequacy of Transport Canada's enforcement powers and to consider whether administrative monetary penalties should be added to the range of enforcement powers available to the department.

The minister appointed an independent advisory panel in January of 2007 to lead the review of the Railway Safety Act. This panel was given the clear mandate to uncover gaps in the Railway Safety Act and make recommendations that would make the regulatory regime more robust and adaptable to the railway industry and its operations.

The panel conducted extensive consultations across the country with railway companies, all levels of government, labour, shippers and suppliers. This approach ensured that subsequent recommendations would take into account the appropriate range of perspectives on rail safety issues. Consultations and careful consideration of these issues were carried out during the year-long course of the review and resulted in the advisory panel making a series of recommendations.

It is important to note that our government took immediate action to implement many of these recommendations. At present, Transport Canada has implemented eight internal recommendations, industry has implemented three, and the final 21 recommendations involve the legislative changes that we are discussing today.

Furthermore, an advisory council on railway safety was created, as well as a Transport Canada-industry-union steering committee and six technical working groups. These groups successfully bring together relevant stakeholders to address rail safety issues in a collaborative manner.

I specifically wish to discuss a key recommendation by the advisory panel upon its examination of the Railway Safety Act. The panel uncovered that Transport Canada's enforcement powers under the Railway Safety Act need to be strengthened to encourage better regulatory compliance, increase safety, and help prevent further incidents like those that originally triggered this review.

The independent panel's final recommendation on the issue, as detailed in its report of March 2008, plainly stated that “an administrative monetary penalty scheme should be included in the Railway Safety Act as an additional compliance tool” to enhance safety in the rail industry.

The government fully agrees with the panel's assessment, and the introduction of a scheme for administrative monetary penalties has been included as an important and integral part of this comprehensive package of safety amendments to the Railway Safety Act.

Administrative monetary penalties are certainly not new in the transportation sector. They were successfully introduced in the air industry in 1986 and were subsequently introduced in the marine industry in 1991.

Penalties of this nature have been introduced in the transportation industry because they work. In simplest terms, administrative monetary penalties are similar to traffic tickets for car drivers. When a company or individual breaks a rule or does not comply with a regulation, the department can impose a pre-established administrative monetary penalty or fine to help encourage compliance in the future.

Administrative monetary penalties have other safety benefits as well. With an administrative monetary penalty scheme in place, there is the perception of fairness because the operator knows in advance the cost of non-compliance and it is applied uniformly. Penalties can also be applied more uniformly as there is less discretion for giving warnings and therefore less opportunity for inconsistency.

Under the current Railway Safety Act, Transport Canada's options for enforcing non-compliance are limited. When a violation is found during the course of an inspection or audit, an inspector will normally issue a letter of non-compliance and follow up in a given time frame to verify that corrective action has been taken. If the situation has not been corrected, the regulator has only one option, prosecution, which is both costly and time consuming and therefore ineffective for a large number of violations. This is a significant weakness in the current enforcement scheme of the act.

We believe that administrative monetary penalties should be implemented as an additional enforcement tool under the act to provide an efficient, effective and less costly alternative to prosecution, particularly in the case of persistent non-compliance with safety requirements established under the act. This is consistent with the principles of minimizing the regulatory burden for Canadians while, at the same time, promoting regulatory compliance.

Of course, in interests of fairness for all parties, the proposed administrative penalty scheme would allow for a review of the regulator's penalty decisions by the Transportation Appeal Tribunal of Canada. The scheme would also include provisions related to the minister's decision to impose a penalty, the due process to be followed, the review of decisions by the appeal tribunal and the level of fines to be paid for non-compliance infractions. Maximum levels for administrative monetary penalties would be $50,000 for an individual and $250,000 for a corporation, which is consistent with similar schemes in other modes of transport.

In addition to the implementation of an administrative monetary penalty scheme to improve railway compliance, we propose, through these amendments, to raise existing judicial penalty levels, which were established 20 years ago and are no longer consistent with those in other modes of transport. Maximum judicial fines for convictions on indictment for a contravention of the act would increase from $200,000 to $1 million for corporations and from $10,000 to $50,000 for individuals. Maximum fines on summary conviction for contravention of the act would increase from $100,000 to $500,000 for corporations and from $5,000 to $25,000 for an individual. These levels are consistent with other modes of transport, including air and marine, and the transport of dangerous goods in all modes under federal jurisdiction and reflect our view of what constitutes an effective deterrent to safety violations.

Implementing administrative monetary penalties as proposed in the safer railways act is clearly an important step in the development of an effective railway safety regime with sufficient scope and strength to ensure that our railways are safe and that they remain safe for the long term, as the railway industry continues to evolve and grow.

Administrative monetary penalties are not a stopgap measure. They were recommended by the Railway Safety Act review panel because they are a proven solution for improved compliance and safety requirements in the transport industry. Improved compliance means better safety for all Canadians and Canadian communities and a stronger foundation for our national transport system and economy for years to come.

The time is now to adopt this bill and move forward with further strengthening of the safety of our railway system. This bill has been consulted on and analyzed for several years and has received widespread approval and applause by all key industry stakeholders as well as members of both this House and the other place. I urge my colleagues to recognize that the time for debate has passed and, in the name of the safety and security of Canadians, the timely passage of this legislation is vital.

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1:30 p.m.

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, we agree that the time for this bill to pass is right now. We believe it could have been sooner and hoped it would have been sooner and that it would have been priority number one of the government, the safety of Canadians.

In the submission to the Senate, five amendments were submitted. Three were taken off the table. One of those amendments is that for proximate land use consultation. Could the member across speak to why that would have been taken off the table when it was shown that municipalities want a way to communicate with railway companies to arrive at the best land use decisions? And does the federal government have a role to play in that?

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1:30 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, this government has many priorities. The number one priority, of course, is jobs and economic growth. However, we are passing this piece of legislation swiftly and with the support of all parties.

Now the opposition claims to support this bill, yet its members rise in this House and claim that it has certain deficiencies. Throughout committee they supported it, and all key stakeholders have supported it.

This bill protects the safety of Canadians and Canadian communities. This bill is the right piece of legislation at the right time and it deserves swift passage by all members of this House.