House of Commons Hansard #258 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was railway.

Topics

Fair Rail Freight Service ActGovernment Orders

9:45 p.m.

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, I guess the hon. gentleman just never lets the facts get in the way of good twisted ideology.

The fact is that in 1995, the issue that was largely before the railway community and the shipping community was a question about costing. The last costing review was done in about 1992. Through the 1990s that was the question the shipping community was concerned about: a costing review; were the revenues being raised; were they accurately measured; were they properly distributed among the various participants in the value chain.

The discussion about level of service began in earnest in the mid-2000s. It was a focus of debate, particularly, starting in 2006-2007. There was legislation going through Parliament at about that time. The shipping community said that it would like to have the level of service issue attached to the legislation the government had brought in, I believe, in 2006 and was dealing with in 2007. The government's response to that was, “We'll deal with the level of service complaints at a later stage”, and that is what produced the panel, which started in 2008-2009.

The hon. gentleman is just factually incorrect with the rant that he has made.

Fair Rail Freight Service ActGovernment Orders

9:50 p.m.

NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, I disagree strongly with my Liberal colleague, who is trying to sweep Liberal involvement in the current crisis under the rug.

I can understand that in 1995 the Liberals had their own reasons for privatizing CN, although I do not think the Canadian public came out on the winning side.

The Liberals, however, had until 2006 to solve the problems that are still haunting the railways, both CN and CP, and they did nothing.

What do they have to say? Will they still say that privatization justified the crisis they created over 11 years?

I repeat: the privatization took place in 1995 but they had until 2006 and they did nothing.

Fair Rail Freight Service ActGovernment Orders

9:50 p.m.

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, as I said, I will get the hon. gentleman a calendar if that would help.

The focus in the 1990s was the costing review. The focus in 2006-2007 was the level of service review. The nature of the issue had transformed in the intervening years.

Quite frankly, the issue of private ownership or public ownership of the railways is, in these circumstances, entirely irrelevant. The shippers have had complaints about both sides of the equation, both the privately-owned railway, and while it was still in the public domain, the publicly owned railway. The point is that the ownership structure of the railway has proven to be irrelevant on the question of level of service.

At the moment, if we asked the shippers, they would be discrete in answering, but they would say that they are getting a better level of service from CN than from CP. There were times in the past when that was flipped around, but at the moment I think they would give CN credit for actually having tried to address the issue more effectively than CP has.

The bottom line is that shippers on both types of railways do not believe the level of service is up to snuff where it should be, which is why they were hoping for more effective legislation.

Fair Rail Freight Service ActGovernment Orders

9:50 p.m.

Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I am going to ask a question about history as well.

I would like the member for Wascana to tie in what happened in the nineties and the first decade of this century to what happened in the eighties with the changing of the Crow's Nest freight rate. How may that have affected, positively or negatively, rail freight services throughout the country?

Fair Rail Freight Service ActGovernment Orders

9:50 p.m.

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, the issue with respect to what historically was called the “Crow's Nest rate” is that it ran into a serious impediment in the mid-1990s with the new World Trade Organization, which explicitly ruled that this form of structure in our freight rates constituted an illegal subsidy for the future. Accordingly, the government had to react with changes that provided a period of compensation for the loss of the subsidized rate and it tried to put the system on a more commercial basis for the long term into the future.

That was a very difficult transition for farmers. Those in the farming community in our country deserve a great deal of credit for having the strength and ingenuity to work their way through that period of great change and emerge successfully at the other side. However, they now need fair legislation that will give them the service they are paying for, and that is why Bill C-52 should be better than it is.

Fair Rail Freight Service ActGovernment Orders

9:55 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, I take great interest in the debate this evening, as well as a bit of pride, because this legislation is very close to me. I was in charge of the railways at the time when the rail freight service review was happening and on behalf of the government, I was able to introduce the announcement to initiate this legislation.

Here we are going into third reading, which is great not only for the House but for the country because all parties are indicating their support for the legislation. It is a great legislation for a lot of reasons.

I will start with why it is here and why we need the legislation. I would like to go back a bit and explain to the House and Canadians what the problem really was.

At the time when I was put in charge of railways, in western Canada the on-time delivery for CN's cars was about 52% to 55% for grain shipments. That is not a good performance. How could western Canadian farmers get their products from the combine to the port and off to international markets when they could only rely on the cars being there at the proper time 55% of the time?

As my hon. colleague from Wascana mentioned, during the review CN upped its game considerably. New management came into CN and really concentrated on trying to up its game at the time, and it did. It went from 55% to over 90% within about a year to a year and a half period. That was strictly because the spotlight was on it and it put full attention toward upping its service because the service review was taking place.

A lot of the shippers came to us and asked that we keep the review going and keep the spotlight on the industries and the railways so they would up the game. We encouraged them to continue to have service agreements with all their shippers. They committed to doing that and signed as many shipping service agreements as they possibly could. In fact, I know there were some in some of the industries, perhaps the coal industry, for over a decade, so there were some long-term agreements that were signed at that time.

This legislation does not really speak to the agreements. That is intentional because they are so diverse. Producers cars would have a completely different need and service agreement than would shipping of a coal, potash or forest industries. However, they all want service. Under this legislation, those agreements would be totally flexible because they could contain all kinds of penalties. We are not privy to what the agreements are. We do not need to know what they are. However, when the two parties come to an agreement, they need to have some kind of mechanism to do things.

The first is to ensure that whatever agreement they do reach is complied with. That is what this legislation does. It has penalties that would go to either a shipper or a railway depending on which one breaches the agreement.

The second is there for when an agreement cannot be reached. If negotiations between the shipper, the railway, and so forth are done to the best of their ability, whether in the forest, egg, coal or potash industry, whatever the commodity, yet they cannot come to an agreement, then they are really stuck. This legislation is a way for them to reach a final arbitrated settlement that would give them clarity as to what was fair in an agreement. That is what the industry and the shippers have asked for.

Instead of being held ransom and saying they cannot come up with an agreement because no one wants to negotiate, they are saying, with this legislation, that if they cannot come to an agreement, there will be an arbitrated settlement. It does not say who is going to win or lose in that arbitration. Rather it calls for that to happen. Because of that, there will be a better system all the way around. If we go through the rail service review data carefully, as did the committee and the government, there was a lot of blame on both the shipper and the railway sides.

Let us not pick winners or losers. Let us just fix it in the best interests of this country. That is what this House is all about. It is about designing a piece of legislation that will move the country along. We do not really care who wins or loses. We want it to be fair so that both win. Canada wins because we move product to shore and on to international markets, where the real win is for the railways, the shippers and the country. That is why this should be supported.

International trade is really our stimulus for the future. We just came through a tremendous economic recession that has challenged the world. It challenged North America. It challenged the United States, our largest trading partner. Last year we had $528 billion in trade. Three-way trade between Mexico, Canada and the United States is almost $1 trillion per year. That is a large number, when we start talking about trillions of dollars.

About 40 million jobs have been created in our country because of NAFTA. I love the map at the Canadian embassy in the United States. The map shows for each state the number of dollars traded with Canada and the number of jobs created in that state because of that trade. It is very effective information that our American cousins need to understand more directly. Canadians also need to understand it. The number of dollars traded and the number of jobs created in each province is also on that map. I would recommend it to anyone.

Why do I mention that? It is because one of every five jobs in Canada is created because of trade, because of exports. Sixty per cent of our GDP is from that trade. Is it growing or is it shrinking? The last statistics I saw show a 73% increase in trade internationally between now and 2025. That is a large number. Those countries that capitalize on that growth in trade are the ones that are going to win. I like the way we are positioned to capitalize on that. We are about to sign a European free trade agreement, which I hope will work. That is 500 million people and $17 trillion in GDP in that market that we will be able to capitalize on. Not only that, but when we go to the west coast, with the trans-Pacific partnership, we will be talking about 110 million people and GDP of $17.6 trillion.

These are tremendous opportunities, not only with respect to China and India but with the trans-Pacific partners. It will depend on what we have to offer those markets. We are also working on a bilateral trade agreement with Japan. We are working on more trade with China. China is a big player, particularly when it comes to railways and moving products to the west coast.

What do they want? They want two things: food security and energy security. Canada can provide both, and railways are a major part of that. Before railways and shippers start saying negative things about each other, why do both groups not look at the opportunity before us? Why do we not look at the opportunity before Canada? Never has the opportunity been greater to create a winning situation for Canadian industries. It might be products manufactured and moved back and forth by rail, as we do with United States when we move automobiles back and forth by rail. We can actually supply for the United States products coming from China through the port of Prince Rupert two and a half days faster than any other port on the west coast. It is two and a half days faster, because it comes through Prince Rupert and goes right down to Chicago to supply the largest economy in the world: the United States. It is because of our railways and our system.

People have been criticizing this piece of legislation and asking why we did not include shipments to the United States in this rail service agreement. I can say that the United States is looking very closely at this piece of legislation. Americans are wondering how it is working, what kind of support it is getting and if it is going to actually do the job. I believe that it will do the job. The Americans are very keen to look at it and perhaps even use it as a model for their country. When that happens, there will be a continuous system between Canada and the United States, which is our largest trading partner and always will be.

This is a great piece of legislation for many reasons. When we look at the international markets, it is indeed amazing.

The railways carry a tremendous amount of freight, about 240 million tonnes of freight. About 70% of the surface freight in this country is moved by rail. That includes the bulk commodities such as grains, minerals, forestry products, energy products and so on.

I was talking to a representative of CN last night. He was telling me that the number of cars they are ordering to supply energy to markets by rail is off the charts. That is happening because of the resistance to pipelines. Whether or not the pipelines come, there is no question that rail will play a big part in moving our energy products to shore and beyond.

It is very important that this piece of legislation work not only for the agriculture sector, for grains and seeds, but for the energy sector, mining, potash and so on. It is a great piece of legislation that would go a long way in making certain that we level the playing field.

My hon. colleague said that CN used to be one of the worst as far as providing service. I would tend to agree with him. Perhaps now the reverse is happening, and CP is having more of a struggle providing service than CN. That is hard to argue with, and it is probably true.

We have heard arguments from the president of CN. He is asking why we are bringing in this legislation. He says that it will halt negotiations and drive people away from the negotiating table. It would do just the opposite. It would drive people to the negotiating table, because if they did not get a service agreement, there would be a very quick arbitration process in place through this legislation that would actually make sure they got a deal. That is what the legislation is designed to do. That is why it would work so well.

Would it be used an awful lot? Probably not. I hope not. I hope it is never used. If we bring it in, the jig is up. There should be an arbitrated settlement. If there is not, somebody will do it for them. They will do it quickly, and it will not cost a lot of money. Once the process has been challenged, a precedent will be set. The rest will fall in line with it, and the service agreements will comply.

I do not believe that this piece of legislation will be used terribly much, but it needs to be there, because the manager of CN or CP may not always be the most friendly guy who always wants to do the right thing. When we bring in legislation, it is for a long period and it is in the best interests of the country. It has nothing to do with the personalities of the people who were there.

I remember the forest industry. We were within hours of finalizing an agreement with the forest sector of this country. We brought them to the table. We did everything we possibly could to get them over the line. We could not quite get there. We would get there now, because we would have a piece of legislation that would arbitrate it. I will not say who would win or lose in that arbitration, because I do not know, but I do know that there would be an arbitrated settlement and they would move on.

It is really important that cars are placed in yards at the appropriate time for product to move from where it is produced to the market. That is the number one thing we can do to create the kind of economy, jobs and prosperity this country needs to move forward.

A lot has been said about the penalties that would go to the government. That is because we do not want winners or losers to use this piece of legislation other than as a tool to make certain that services are provided at the appropriate time.

There could be all kinds of penalties within their service agreements if the parties agreed to them. If the agreements were not recognized and not realized, the penalties would be a tool to make sure the service agreement was complied with.

It is a very great day for me. This has been a long process. It is a process that has had a lot of consultation.

I have quotes here from the agricultural, forestry, coal, potash and mining industries that say that this is a very big step in changing the dynamic between the railways and the shippers. They feel that they have a government that will back them in an arbitrated settlement process that does not play one against the other. It is truly there to try to make certain that an agreement works for both and that the service is provided in an appropriate way. Predictable service is something we cannot talk enough about. Unpredictable service is the number one thing that will retard the opportunity for shippers to be prosperous and get their products to market.

I want to commend the standing committee on transport. It worked very hard over a number of years to make this happen. The Minister of Transport has picked this ball up and has pushed it very hard. He has worked very hard to bring this to where it is tonight.

Tonight is a wonderful evening. Think about it. When was the last time we had a substantive piece of legislation such as this that was agreed upon by everyone in the House? I can think back a long time. I know that there have been frivolous pieces of legislation that perhaps have had unanimous consent, but there have not been major pieces of legislation like this that are paradigm shifters that would change the dynamic. It is probably the most significant piece of legislation to come between shippers and railways in 50 years or more, so this is a very significant evening. It is a significant piece of legislation.

I am very proud to be lending my voice to it, and I look forward to the vote, which I hope will happen tomorrow. We will move it into the Senate and on to royal assent very quickly.

Fair Rail Freight Service ActGovernment Orders

10:10 p.m.

NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, I asked this question of his Conservative colleague earlier, but the answer I got was not very satisfying. In fact, I did not get an answer to my question. I will ask it again.

Since CN made a profit of $2.7 billion last year, do the Conservatives really think that a $100,000 penalty is going to change the way the company operates?

Personally, I do not think so, but perhaps the Conservatives have a different answer.

Fair Rail Freight Service ActGovernment Orders

10:10 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, he is asking if the penalties are large enough to force compliance. It is $100,000 for every car that is not there on time, which is a fairly significant penalty. If it is not, we might have to go back and raise it.

I believe that it is significant enough. There is no one I know in the railway industry who would say that they would just pay the $100,000 and forget to bring the cars. I do not believe the railways will play that card. If that happens, there is an opportunity to go back and address it, but I would not do it at this stage of the game.

What is done for one is the same for the other. The penalty can be for the shipper as well as the railway. It is fair to say that it is a fairly significant penalty for every violation under this act. I do not expect that it is going to happen, but there are all kinds of tools to address it if it does happen.

There is an opening up of the entire railway act coming in 2015-16, so I do not believe that the railways are going to play silly with this piece of legislation. They will try to comply, because it is in their best interests to do so. It is in their best interest to make certain that they have the cars there appropriately and that the service agreements are fair for both. The shippers have to win for the railways to win, and the railways have to win for the shippers to win. If both win—

Fair Rail Freight Service ActGovernment Orders

10:15 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Questions and comments, the hon. member for Markham—Unionville.

Fair Rail Freight Service ActGovernment Orders

10:15 p.m.

Liberal

John McCallum Liberal Markham—Unionville, ON

I agree with much of what the hon. member said. It has already been indicated that the Liberals will vote in favour of the bill.

However, he gives extraordinarily short shrift to a central point made by my colleague from Wascana, and that is that what the shippers want is to be compensated if they are badly served by the railway. For example, if the railway is late or loses the goods and it costs the shipper $1 million, and it is judged to be so, the shipper should be compensated for that $1 million to overcome the loss. The shipper would not then be a winner or a loser. The loss incurred by the shipper would be offset by the compensation.

For the bill to simply say that instead of compensating the shipper, the railway would pay the government, for no apparent reason, weakens it considerably. Why does the government do not include the principle of compensation?

Fair Rail Freight Service ActGovernment Orders

10:15 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, the bill is not designed to get into the service agreement.

It used to be that when a shipper ordered a car from CN and it did not show up, it was no big deal. There was no penalty, nothing. If a shipper had trouble with weather or unforeseen circumstances and the car could not be loaded fast enough and moved out, then CN or CP could ding the shipper significantly, without any recourse.

This piece of legislation does not talk about what is in the service agreement, so if someone wants compensation for lack of service then it should be put in the agreement. All we are saying is that if the agreement is not complied with, the penalties will apply. There needs to be a tool to make sure that whatever is agreed upon is actually complied with, and that is what this legislation would do. Complying with the agreement should not be a winner or loser within the agreement to use as a tool. If someone wants compensation, it should be put in the agreement.

Fair Rail Freight Service ActGovernment Orders

10:15 p.m.

Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, it is important for me, as a member from Saskatchewan, to put on the record what this legislation means to the Canadian fertilizer industry. I want to quote Roger Larson:

The federal government has taken an important step towards balancing the commercial relationships between railways and their freight customers. Fertilizer companies have commitments to their customers not only in Canada, but the United States and around the world. Railway service cannot continue to be the weak link in Canada's export pipeline.

I would like the member to elaborate on how important this is with respect to our relationship and our trade with the United States.

Fair Rail Freight Service ActGovernment Orders

10:15 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, our trade with the United States is a great success story. I always say that we do not really trade with the United States; we build things together with the United States. Our supply chains are intricately linked. It does not matter if it is the forestry sector, the beef sector, the auto sector, or many other sectors, we do things together.

When I talk to my colleagues in the United States Congress, I tell them it does not matter whether they go after international markets and sell products to China or Japan, or that we do. The United States ambassador says that for every dollar that Canada trades with Japan, 25¢ of that goes to America because our supply system is intricately linked. We need to collectively go after those international markets because of the productivity gain that we will create. Both the United States and Canada will capitalize on those growing international markets in a much better way.

By 2050, there are supposed to be an extra three billion people in the world, and two billion of them will move from poverty to middle class during that time period. They will need energy, food and all of the things we produce in Canada and the United States. Those are the markets we need to go after.

Thinning the border, creating the productivity gains by having a good railway system between Canada and the United States, is absolutely essential in ensuring that we capitalize on those markets. We are the most productive in the world. Canada has great systems. We have some of the best food. We produce some of the best things, whether it is our automobiles and so on.

Canada and the United States are great allies and partners. We do a lot of back and forth trade—

Fair Rail Freight Service ActGovernment Orders

10:20 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. Questions and comments.

The hon. member for Chicoutimi—Le Fjord.

Fair Rail Freight Service ActGovernment Orders

10:20 p.m.

NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, I will try again with my Conservative colleague.

Is the member really saying that, even though the Minister of Transport, Infrastructure and Communities met with the CN representative a dozen times, that amount of pressure on the Minister of Transport was not a factor in his introducing a weak bill?

Fair Rail Freight Service ActGovernment Orders

10:20 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, if the president of CN, Claude Mongeau, had impact on the minister, the bill would not be here. I have sat down with him a number of times, and he said we should not do it. He gave me all kinds of reasons why it would be a terrible piece of legislation. The railways are not really excited about this.

My argument to him was that if the railways do not want the bill, then they should have service agreements, and if they do not want service agreements, then they need the bill to be able to get them over the line. I would suggest that there is no impact there.

This is not a piece of legislation that either of the railways is excited about or interested in. They see the rationale behind the legislation. They are not supportive of the bill, but they are not saying anything very negative about it either.

Any time that both sides do not agree 100% on a bill, then that bill is usually striking the right note and balance. I think we have that here.

Fair Rail Freight Service ActGovernment Orders

10:20 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I want to thank my colleague from Yellowhead for his wise counsel on tonight's debate. As he said, as we go after these international markets with our trade agenda, which is going to be so important for the expanding of our economy, as we see with oil pipelines, they end up being a network that joins job centres together. A rail network is very much like that as well. It is a network that joins job centres together.

Would the member like to comment a bit about the positive impact on the Canadian economy as we pursue international agreements and we use our gateways, both in the east, in Halifax, St. John's, and other places, as well as the west? Could he talk about the positive impact of jobs for these rail networks?

Fair Rail Freight Service ActGovernment Orders

10:20 p.m.

Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, my colleague is absolutely right. The creation of jobs and the growing of our economy is absolutely critical, and the railways play a major role in that.

As a government, we have been able to put a significant number of dollars into infrastructure to make certain that the gateway project on the west coast, the corridor project to the south, and the eastern project corridor to the east capitalize on those international markets. The infrastructure that is built there would not only creates jobs, but it would also create an infrastructure that would create jobs because of the kind of trade we are expecting.

We are a blessed country in so many ways and have so much opportunity, especially as we see this massively growing international trading relationship around the world. Healthy railways lend themselves to the success of our country and the kinds of job opportunities we will have for the future.

Fair Rail Freight Service ActGovernment Orders

10:20 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I rise today in support of Bill C-52, An Act to amend the Canada Transportation Act.

Before I get going, I cannot help but mention that here we are, trying to debate an important piece of legislation, and yet the government has moved time allocation once again. This is the 37th time. What does the government have against parliamentary democracy? Why is it so determined to shut down debate and to prevent members of Parliament from having their say on important pieces of legislation? My colleague said how important this legislation is, and because it is so important, I am very disappointed that the Conservatives had to use these tactics yet again.

When we look at this bill, it actually gives our rail freight customers, or shippers, the right to service agreements with rail companies, especially CN and CP. It also puts into place, as my colleague said, a Canadian Transportation Agency-led arbitration process for failed negotiations, and penalties for violating the arbitration results.

This all sounds good, but I want us to take a look at what this means. By the way, we are speaking in favour of this bill. However, we do not believe this bill is complete. It does not address all the issues that the shippers, farmers and everybody needed it to address, but it does go part of the way.

We call this bill a baby step in the right direction. As good behaviour should always be rewarded, it is a piece of legislation going in the right direction. We have heard that this will not alleviate all the challenges faced by the shippers but it will go a long way in addressing a few of them. It is one of those cases of “better something than nothing”. That is why we are supporting this bill.

At this time I want to acknowledge the work done by the member for Trinity—Spadina on this file. She is an amazing critic for the transportation file. She is dedicated, passionate and has worked incredibly hard with different organizations of shippers, and representatives from the mining companies, the pulse growers, the Canadian Wheat Board, the automotive industry, as well as the mineral and chemical companies.

It is her commitment, compassion and not letting go of this issue that I believe has forced the Conservative government to bring this bill to this House right now. Quite honestly, they have been dilly-dallying over this piece of legislation for a very long time, long after the report was out. They have had lots of time to act.

The member for Trinity—Spadina has a private member's bill, Bill C-441, rail customer protection act. It is her absolute advocacy and outreach, and that kind of work in the House, as well as the pressure from the shipping community, that has put pressure on the Conservatives to table legislation.

I think we should always give credit when members of Parliament put in an incredible amount of work to benefit our farmers, mining companies, automotive companies that have to move cars, and, of course, all the other resource industries as well, including forestry. We are absolutely delighted with the work that the member has done.

I also want to pick up on something that was said just a few minutes ago. CN made a profit of $2.7 billion in 2012, in one year, yet when I look at the penalty they will face, it is $100,000. By the way, that penalty is not paid to the shippers; it will be paid to the government.

I look at that and ask which lobby group has been successful. One just has to take a look at this bill. I have talked with shippers in my riding and visited a port where grains and legumes come in. This is when I learned something absolutely amazing, which you will be surprised at as well, Mr. Speaker. Did members know that Canada is the largest provider of pulses to India? In my naiveté, I always thought that lentils, chickpeas and all of those legumes were being brought to Canada from India and other countries. I was quite shocked to find out it was the opposite. It was the Canadian consul in Chandigarh who told me. He presented the figures and asked me if I knew that Canada is the largest exporter of legumes to India. A lot of those legumes go through the port of Vancouver and the port of Delta.

What I have heard from business people in my community, those who receive and ship, is the travesty that exists right now. They actually have to wait, sometimes for days and days, because the promised carriages do not arrive. If they are slow to unload a trolley—I think it is called a trolley—when it arrives, they end up having to pay fines, but there are no consequences for the railway companies if they are late, do not send enough trolleys or if the trolleys that arrive are damaged and, therefore, cannot be used.

I looked at the ledger with one of these business people in great detail, who wanted to show me the impact it was having on his business. Let us say that he does not get the shipment on time, that the shipment of pulses that arrives from the Prairies does not get to his place on time. In the meantime, he not only has trucks and truck drivers waiting but labourers waiting to unload, and he has time booked at the port. Guess what? He has to pay all of them, through no fault of his own, just because the railway company is delayed or because it does not deliver all the trolleys he was expecting on that date.

I thought it must just be a few dollars here and there. I was surprised at how much these shippers pay if they do not empty the trolleys on time. However, I was also shocked at the port fees they still had to pay if they did not take up their spots and how the costs escalated the longer they waited. Really, we are not talking about simple costing. This bill has compensation—no, not compensation, a slight penalty for the railway companies of $100,000 when they make $2.7 billion in profit. Guess who that money goes to? It does not go to offset the real costs incurred by the shippers and receivers, those who grow and ship the goods. That money goes to the government.

I have been shaking my head on that one, thinking this makes very little sense. Does the government really have a vested interest in making sure that this new piece of legislation really works, if it knows that every time CN Rail is late, it is going to get $100,000? That does not seem like a penalty. It seems like the government has built in a bonus for itself. We really have to take a look at that.

Our railway system is the backbone of our country. There is no doubt about it. From some of the early CP and CN stories we have all read about, glorious or not so glorious, we know that 70% of our surface goods are moved by rail. That is a significant amount. When we say that there are shippers who actually suffer the consequence of this, we are not talking about a small number of people.

This is another figure that absolutely astounded me. It is that 80% of service commitments for agricultural rail customers are not met by rail companies. I think 80% would get a big F if I were grading them for service. Let us say, out of 100 times, 80 times they fail to meet their deadlines. We are talking about produce that has to be moved quickly and people are waiting for it. We are also talking about some produce that could get spoiled, but we are also talking about the ricochet or cascading costs that I just mentioned earlier.

There are delays. There are insufficient numbers of rail cars. Some rail cars arrive and they are damaged. Sometimes they order 12 rail cars and guess how many arrive? For one person I was talking to, shippers might only get half the rail cars they ordered. That puts all kinds of stress on the system. Once again, when we look at the losses incurred by the shippers, the bill fails to address that. I would urge my colleagues, even at this late stage because it is in their hands, to really take a look at that.

The rail freight service review said that 80% of shippers are not satisfied. By the way, we are not talking about one industry. Of course agriculture plays a huge role in this area, but we are also talking about forestry, natural resources, manufactured goods, mining, chemicals and as I said earlier, all the agricultural belt. Key stakeholders in agriculture, mining and forestry industries, not just individual people but associations representing these industries, have been calling for freight legislation for years.

Let me give some examples: Pulse Canada, Grain Growers of Canada, Forestry Products Association of Canada and the Mining Association of Canada. Once again I would say that as I have talked with many business people in my community who are involved in the shipping industry they have been so full of praise for the member for Trinity—Spadina who has done such great work on this file.

Canada's shippers deserve fair and reliable rail freight service for the good money they are paying. Right now with the way our country is, CN and CP seem to hold a dual monopoly. The impact of that monopoly has not been addressed by Bill C-52 because the one area that has not been addressed is pricing. That is a critical part as well, and it is not only pricing, but also the fact that there is no compensation for the shippers.

There were six recommendations from the shipping community at the committee stage, sensible, practical and modest. They were all rejected. This is an all too familiar pattern. I sit at the immigration committee as vice-chair, and it does not seem to matter what amendments we propose. Even amendments that the minister thinks would be really good ones because we take up his wording just get rejected.

However, these were not amendments from the opposition. These were amendments suggested by the shipping community, the business community, the people who are the backbone of this country who pay taxes and who were looking to the government to show them a level playing field. Once again, the government has failed to show a level playing field to all the industries I mentioned, including agriculture. Once again, it has chosen to stand closer to the big corporate friends like the railway lines, CP and CN.

Members know that the NDP is not going to give up. We are not planning to go away. We are planning to work harder than ever. We will continue to work with the shipping community to tackle the issue of gouging through uncompetitive rail freight rates.

Do members know what? This was an opportunity for the government to address that issue, to take a holistic approach, instead of taking a baby step, a very tiny baby step. In here, we can talk about the economy. We can talk about growing jobs. We can talk about all kinds of issues. However, here was a concrete opportunity for the current government to do something that would help to bolster our economy, agriculture, the mining industry, the forestry industry and the automotive industry. Once again, it was very short-sighted and just decided to take a baby step.

One of the key things we have to take a look at is that when we look at the moving of goods and think that 70% of our surface goods are moved by rail, in this huge country—and by the way, as we know, moving goods by rail is much more environmentally sound than it is to move them by road—the government had an opportunity, at this time, to support the pulse growers, the grain growers, the mining industry and the forestry industry.

We know that disruptions to rail freight services and unacceptable service costs cost the Canadian economy hundreds of millions of dollars every year. The businessmen I have talked to when I have taken a look at the losses they incur, when they incur those losses, they impact the community I live in. They impact right across this country. A few of the business people have been telling me that they absolutely—

Fair Rail Freight Service ActGovernment Orders

10:40 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. The hon. member for Newton—North Delta has the floor.

Order, please.

To the hon. member for Newton—North Delta, when the Speaker is standing, typically, he has the floor.

I would say to all hon. members that I know it is getting on, but when another hon. member has the floor, we would certainly ask that they yield the floor to them.

The hon. member, please.

Fair Rail Freight Service ActGovernment Orders

10:40 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, thank you for reminding me. My apologies. No lack of respect was meant by that at all.

Because rail cars arrive late or because of the state they arrive in or because of all the other delays, that costs the economy hundreds of millions of dollars and that ricochets right across communities across Canada and then plays into the price for the goods. Quite honestly, it damages our international reputation as well.

Can members believe that Canada is the largest shipper of legumes to India? I never would have believed it if I had not found that out for myself.

In any event, rotting crops, idle plants and mines, and missed ships are the daily reality for industries across Canada.

The NDP stands with the—

Fair Rail Freight Service ActGovernment Orders

10:40 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. The hon. member for Newton—North Delta may have the opportunity to address those points perhaps in the round on questions and comments.

Bill C-51—Notice of Motion for Time AllocationSafer Witnesses ActGovernment Orders

10:40 p.m.

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I must advise that an agreement has not been reached under the provisions of Standing Order 78(1) or 78(2) concerning the proceedings at third reading of Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at that stage.

Bill C-51—Notice of Motion for Time AllocationSafer Witnesses ActGovernment Orders

10:45 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

I am sure that the House appreciates this notice from the Leader of the Government in the House of Commons.

The House resumed consideration of the motion that Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), be read the third time and passed.