House of Commons photo

Crucial Fact

  • His favourite word was respect.

Last in Parliament October 2015, as Independent MP for Edmonton—St. Albert (Alberta)

Lost his last election, in 2015, with 20% of the vote.

Statements in the House

Fair Rail for Grain Farmers Act May 1st, 2014

Mr. Speaker, we have been told that the amendment that I am concerned about that would empower the Canadian Transportation Agency to award compensation to shippers was passed unanimously at committee. But we heard from the NDP agriculture critic that that was not their first choice. He indicated that some other tribunal, such as the Canadian Grain Commission, might be in a better position to adjudicate disputes and claims for compensation.

I understand the hon. member also sits on the agriculture committee. I wonder if he agrees with some of my concerns that the Canadian Transportation Agency, which is a regulator, is ill-equipped to assess claims for compensation and to interpret service agreements. Would he agree that perhaps some other mechanism for awarding shippers, or producers who suffer damages as a result of the breach of service agreements, might have been a better way to go?

Fair Rail for Grain Farmers Act May 1st, 2014

Mr. Speaker, I am curious as to whether the hon. member believes that the Canadian Transportation Agency is, in fact, the right body to issue compensation or whether claims for compensation ought to go to a different tribunal, court of law, or arbitration? Why does he believe that the CTA has the expertise to adjudicate claims when, before the amendment to Bill C-30, that was not something the CTA had ever been called upon to adjudicate?

Fair Rail for Grain Farmers Act May 1st, 2014

Mr. Speaker, why does the minister believe the Canadian Transportation Agency is the appropriate body to award compensation to shippers. He undoubtedly knows that the agency is a regulator with no experience with respect to the assessment of damages. Nor does it have the procedures in place to properly assess damage claims that are put to it.

I am curious as to why the chair ruled out of order the amendments proposed to create a compensatory scheme inside the Canadian Transportation Agency without giving it any mechanism to properly assess claims.

Points of Order April 30th, 2014

Mr. Speaker, I was under the impression, in fact, we had been advised that the Chair would be delivering a ruling on my point of order raised in the House on April 10 with respect to the amendments passed by the agriculture committee regarding Bill C-30.

The Chair is not in a position to offer a ruling now, but I was curious if you might be able to advise the House when that ruling might be forthcoming. As you can appreciate, I, the government House leader and, I suspect, the Minister of Agriculture and Agri-Food are very anxious to hear your ruling.

Employment April 28th, 2014

Mr. Speaker, the government is fond of saying that it defends those who work hard and play by the rules.

However, the temporary foreign worker moratorium announced last week is going to punish many hard-working restaurateurs and fast food franchisees. In Alberta, unemployment is less than 5% and TFWs are a reality for hundreds of small businesses.

I support enforcing the rules, suspending the LMOs, and prosecuting those who break the rules and abuse their employees, but why is the employment minister punishing those restaurateurs who do work hard and do play by the TFW rules? Why punish all for the sins of the few? What happened to innocent until proven guilty?

Points of Order April 10th, 2014

Mr. Speaker, I rise on a very important point of order.

On Tuesday morning, during routine proceedings, the chair of the House of Commons Standing Committee on Agriculture and Agri-Food reported Bill C-30 back to the House with amendments. I wish to seek a ruling from the Chair as to whether an amendment to Bill C-30, adopted by the committee, is in order.

I understand that generally, the Chair does not involve itself with the business of committees, given that committees are masters of their own proceedings. However, as Speaker Milliken pointed out on February 27, 2007, at page 7386 of the Debates, ruling on a similar matter:

As the House knows, the Speaker does not intervene on matters upon which committees are competent to take decisions. However, in cases where a committee has exceeded its authority, particularly in relation to bills, the Speaker has been called upon to deal with such matters after a report has been presented to the House.

I submit that an amendment moved by the Parliamentary Secretary to the Minister of Agriculture and Agri-Food, and adopted by the committee, is out of order, because the committee has exceeded its authority.

The amendments to the committee-adopted subsection 116(4) seek to add an entirely new and different provision to the Canada Transportation Act that was clearly not envisioned in the original draft of Bill C-30, as tabled and passed by the House at second reading on Friday, March 28, 2014.

The summary of the original Bill C-30 states that:

This enactment amends the Canada Grain Act to permit the regulation of contracts relating to grain and the arbitration of disputes respecting the provisions of those contracts. It also amends the Canada Transportation Act with respect to railway transportation in order to, among other things, (a) require the Canadian National Railway Company and the Canadian Pacific Railway Company to move the minimum amount of grain specified in the Canada Transportation Act or by order of the Governor in Council; and (b) facilitate the movement of grain by rail.

Bill C-30, as originally tabled, was about moving grain. It is much needed. It is a serious problem with respect to farmers getting their grain to market. However, the amendment, tabled at committee by the Parliamentary Secretary to the Minister of Agriculture and Agri-Foods, and adopted by the committee, seeks an entirely new power:

Subsection 116(4) of the Canada Transportation Act is amended by adding the following after paragraph (c):

(c.1) order the company to compensate any person adversely affected for any expenses that they incurred as a result of the company's failure to fulfill its service obligations or, if the company is a party to a confidential contract with a shipper that requires the company to pay an amount of compensation for expenses incurred by the shipper as a result of the company's failure to fulfill its service obligations, order the company pay that amount to the shipper;

The Minister of Agriculture may believe that this is a favourable amendment, and it may very well be. The problem is that it exceeds the authority of the original bill and provides quite an extraordinary remedy in that it gives the regulator the power to award damages in the absence of any procedural fairness, any rule of law, or any discoveries.

In the ruling on the power of a committee to make amendments, Speaker Fraser ruled, on April 28, 1992, at page 9801 of the Debates, stating:

When a bill is referred to a standing or legislative committee of the House, that committee is only empowered to adopt, amend, or negative the clauses found in that piece of legislation and to report the bill to the House with or without amendments. The committee is restricted in its examination in a number of ways. It cannot infringe on the financial initiative of the Crown, it cannot go beyond the scope of the bill as passed at second reading, and it cannot reach back to the parent act to make further amendments not contemplated in the bill no matter how tempting this may be.

It may have been very tempting to amend the bill to provide for compensatory powers within the regulator, but it falls outside the four corners of Bill C-30 as it was adopted by the House.

Mr. Speaker, I submit to you that in this instance, the amendment to Bill C-30 is both beyond the scope of the bill and also reaches back to make changes to the Canada Transportation Act that were not contemplated by the bill. The amendment passed by the committee has the effect of giving the Canada Transportation Agency the right to award damages, a right that at this point in time has been the sole purview of the courts.

The amendment to subsection 116(4) is out of order, because it does not relate to the original subject matter of Bill C-30 as introduced and passed by the House at second reading and because it introduces new issues that were not part of Bill C-30 as originally introduced. The amendment is therefore beyond the scope of Bill C-30 and should be removed from the bill. I look forward to a ruling from the Chair.

Fair Rail for Grain Farmers Act March 28th, 2014

Mr. Speaker, if railways are breaking contracts, the remedy is quite simple: litigation for breach of contract.

The bigger problem, as I think my friend indicated, is the lack of competition. Yes, we have a duopoly. There are only two major railroads running in our country, and that creates a problem. Interswitching may or may not help. It might actually hurt, if American railways start demanding use of other lines. The long-term solution would be more competition, and bringing in the heavy hand of regulation is unlikely to attract any further competition.

Fair Rail for Grain Farmers Act March 28th, 2014

Mr. Speaker, it is indeed an honour for me to add a few comments in the debate on Bill C-30, the fair rail for grain farmers act. I certainly support the motivation behind this bill, and I am most mindful of the problem that exists in the prairie provinces, Alberta, Saskatchewan and Manitoba. However, I want to place a couple of concerns on the record and ask whether there may be some unintended consequences of the bill. I support the bill and will keep my comments short enough so that this bill can be moved expeditiously to committee before the end of the day.

This bill seems to be based on a premise that it is the railroads, and the railroads alone, that are responsible for the inability of farmers to get their grain to markets. Although there may be some truth to that statement or that moral blameworthiness, I think it is an oversimplification.

The Parliamentary Secretary to the Minister of Agriculture talked about the extensive consultation with the railroads before the implementation of the order in council approximately three or four weeks ago and the tabling of legislation. The railroads claim that there was a lack of consultation. CP president Hunter Harrison stated in the media that he was very concerned about the speed and the lack of consultation by the government in making such significant changes. Canadian National, which forms the southern boundary of my riding of Edmonton—St. Albert, has expressed similar concerns with respect to this legislation.

Mr. Speaker, you will no doubt know, being a member of Parliament from Saskatchewan, that this is a complicated supply chain. For grain to be moved to market, it requires the co-operation and coordination, as the member for Wascana just indicated, of multiple moving parts, including grain cars, elevators, and inland terminals. Of course, the railways are a big piece of the puzzle, but there are also ports, ships, and weather. All of these things have to work together if grain is going to be moved in an orderly manner from the field to the bin to the elevator to the railcar to the port and to markets.

We had a bit of a perfect storm last year, in a good way. There was a bumper crop. Crops have been estimated to be anywhere from 50% or higher than average yields, and that created a problem. The railroads have also had some weather experiences this winter, which was a very significant amount of snow and cold weather over the prairie provinces, and all over Canada as a whole. As a result, their ability to move grain was comprised. The government needs to be mindful of that.

I am always concerned when the government's solution to any problem is to bring in heavy-handed regulation, especially if the railroads are correct in their assessment that the regulations were brought in without adequate consultation. In fact, there is some suggestion in some editorials today that a solution like this may have unintended consequences that could cause more problems than it would solve. They may get grain moving; they may not. We always have to be mindful that there is not infinite capacity for the railroads to move product. There are only so many rails and so many cars. We also have to be mindful of other conditions, such as weather, and something that I do not think we have talked about today, which is safety.

The year 2013 was horrific for rail accidents. The most tragic was the Lac-Mégantic tragedy, in July 2013. However, there were also derailments in Alberta and Saskatchewan, where products, including dangerous products, were derailed and caused fires, though thankfully nothing as catastrophic as was experienced in Quebec.

Nonetheless, if we are going to put extra pressure on the railways to move more product, does that mean they are going to have to move trains faster? Does that mean they are going to have to use longer trains? Has anybody properly considered what that might mean for the safety of moving product by rail? There are those who live in communities that surround railroad tracks, like I do. I live less than two blocks from the Walker Yard, which is the main switching yard in western Canada for CN Rail. I hope the government takes into consideration that it is a complicated chain.

Another problem with the weather this year, as I understand it, is with respect to the Great Lakes and moving product through Thunder Bay and that region. The ice is not allowing for the free flow of water, and perhaps the government needs to consider using icebreakers to help break up the ice so that more ships with grain can move through the Great Lakes.

The problem is much more complicated than simply blaming the railroads. There is no doubt they have major responsibility and are a major part of the supply chain, but the supply chain is larger than they are.

I will resume my seat and take questions in a moment because I want to see the bill go to committee before the clock hits the bottom of the hour, but I would ask the government to consider what some of the unintended consequences of bringing in more regulations to the railways might be.

The last thing I want to say is that rail is responsible for moving other products besides grain. There is potash. There is oil. If the railways are forced by threat of a $100,000-per-day fine to put priority on grain over other commodities, are we going to be standing up in the House three months or six months from now debating a potash fair transport act or an oil fair transport act? Those products are going to become compromised if grain becomes the only priority.

I support the intention of the bill. I am very sympathetic to the farmers who are unable to move their product and who have grain in their bins that could conceivably rot and spoil if left there too long, so I support moving the bill to committee today. However, I ask the government and the committee to consider some of the unintended consequences to the railroads as the bill moves forward to committee and back to the House. The railroads are only one part, albeit a big one, of the supply chain.

Foreign Investment March 28th, 2014

Mr. Speaker, Industry Canada has been warned for some time that a lack of clarity in the Investment Canada Act is going to threaten foreign investment in Canada. The net benefit test remains nebulous, and terms added on the fly, in 2012, such as “exceptional circumstances” and “strategic resources”, are wholly undefined. Predictably, foreign investment is declining. For example, Chinese investment fell from $21.5 billion in 2012, to a mere $220 million last year.

As $100 billion of capital is required for Alberta alone for the oil sands by 2019, when will the government provide clarity to the Investment Canada Act to stop repelling foreign investment?

International Trade March 27th, 2014

Mr. Speaker the trans-Pacific partnership is a comprehensive 21st century free trade agreement with the objective of resolving trade disputes and promoting regional economic growth. Both Canada and our friends in Taiwan have played active roles in the economic and trade development of the Asia Pacific region. In fact, Taiwan is Canada's fourth largest export market in Asia.

As Canada moves toward formal entrance into the trans-Pacific partnership, it becomes evident that Canada would greatly benefit should Taiwan also gain a seat at the table. Given the depth and breadth of Taiwan's trading investment relationships with the Asia Pacific economies, its inclusion would increase the agreement's international profile as well as its commercial significance.

It is in Canada's interests to gain greater access to Taiwanese markets for our exports and also to ensure that Taiwan is not excluded from the benefits of broader regional trade liberalization, which could destroy supply chains, creating new barriers to business.

Taiwan is a free trading nation, like Canada, and both would make welcome additions to the trans-Pacific partnership.