Karen McCrimmon

[Operation UNIFIER, March 20th, 2017]

Mr. Chair, I would like to reiterate that from the experience and training I have had in the past, I know that one of the keys to providing long-term stability in a country is to understand the networks of women. That is one of the reasons that a great deal of our developmental aid is focused on women. It is because once the fighting is done, it is the women who will knit these countries back together.

We are not only looking at where we are today, but we are trying to look to the longer term and look at not only defence but also at diplomacy and development. It is that very collaborative, co-operative, coordinated approach that will ultimately bring Ukraine back to a state of peace in the long term.

[Operation UNIFIER, March 20th, 2017]

Mr. Chair, I would like to thank the member for Montarville for generously splitting his time with me tonight. I will build upon what he has already spoken this evening.

To assist Ukraine in driving its ambitious reform efforts forward, Canada helped the Government of Ukraine develop key reform plans, following the revolution of dignity, including constitutional, electoral, judicial, social policy, and health plans, under the rubric of the multinational joint commission. In addition, Canada deployed 80 technical experts to key government ministries to support the implementation of these reforms, and is continuing to provide this technical assistance as specific needs are identified.

For example, recognizing the risk that corruption poses to the overall progress of reforms, economic growth, and security in the country, Canada played a key role in advancing political finance legislation, which contributed to the establishment of the national agency for the prevention of corruption and the national anti-corruption bureau of Ukraine, two critical anti-corruption institutions.

Now, let us talk about media. Given the critical importance of independent and quality media for a successful democratic society, Canada supported the development of investigative journalism, which has already resulted in the dismissal of a dozen high-level bureaucrats involved in cases of alleged corruption. We also continue to build the capacity of media to resolve important policy issues, particularly related to Ukraine's conflict-affected population, promoting social cohesion, and tolerance. Canada has also helped institutionalize gender policies in targeted media outlets, which directly correlates to 100% of content being free of gender stereotypes and discrimination.

Having witnessed a significant surge in women's activism and civic movement during the revolution of dignity and women's response to the conflict in the east, including in volunteer combat roles, Canada emphasizes the importance of gender equality and women's empowerment for Ukraine's economic and social development. For instance, a past report from the Organisation for Economic Co-operation and Development in Europe listed Canada as the fourth largest donor to gender equality and women's empowerment, with Ukraine being one of the top 10 recipients of Canada's gender equality focused aid.

Canada has also strengthened women's political participation by improving the electoral environment and political party development, including through the women's leadership academy.

More than 65% of the participants trained by Canada applied its newly acquired knowledge during the October 2015 local elections, by running for local office or by working on local election campaigns.

Canada also promotes the growth of small and medium-sized enterprises, including through the Canada-Ukraine free trade agreement, ratified by the Ukrainian parliament in March of 2017. Canada's development assistance strengthens the capacity of small and medium-sized enterprises in Ukraine to be able to take advantage of increased trade flows between Canada and Ukraine, and the European Union. Small and medium-sized enterprises were severely affected by the war with Russia. They are less resilient than larger companies and therefore are in need of assistance to transition to the European and Canadian markets.

With Ukraine being called the bread basket of Europe, with its rich black soils, Canada provides significant support to introduce innovative, profitable, and environmentally sustainable practices to the agricultural sector.

Undertaking a comprehensive, sector-wide approach, Canada supported the development of the draft law on agricultural co-operatives and established a new master's program on co-operative management at two Ukrainian universities. For the first time, two regional unions of agriculture service co-operatives were created, improving the competitiveness of over 5,000 small-scale farmers. With the agricultural sector being dominated by men, Canada also specifically targeted and supported women-led farms, creating over 300 women-led businesses. We will continue to ensure that the empowerment of women and girls remains a key component in the support we provide.

Due to the complexity and increasingly protracted nature of the crisis in Ukraine, both humanitarian and longer-term development assistance focusing on democratic development and inclusive and environmentally sustainable growth will remain a cornerstone of our assistance to Ukraine.

[National Security and Intelligence Committee of Parliamentarians Act, March 20th, 2017]

It is always a balancing act, Mr. Speaker. It is about finding that best compromise, about trying to build that consensus.

The member is right that people do not get everything they want, but what we came up with is a compromise that would best suit Canada, that would best balance the need for national security oversight with rights and values and freedoms. We must remember that this legislation will be reviewed again in five years and that we will have learned lessons in those five years. There will be opportunities to improve if such improvements are needed.

This is just step one. There are many more steps ahead of us.

[National Security and Intelligence Committee of Parliamentarians Act, March 20th, 2017]

Mr. Speaker, we have missed having a committee that could do this kind of parliamentary oversight in terms of national security. What we have proposed is a committee that would be effective in being able to review and oversee national security. It is balanced. It is responsive to the security situation. It would be much less partisan, by virtue of what is at stake. It is a made-in-Canada solution, and I believe that is absolutely essential. Also, when we look at what we want to do with this committee, which is to keep Canada safe and at the same time protect our values, our rights, and our freedoms, we have hit the right balance.

[National Security and Intelligence Committee of Parliamentarians Act, March 20th, 2017]

Mr. Speaker, I am pleased to rise during this report stage to continue our review of Bill C-22, which would create a committee of parliamentarians on national security matters.

I am pleased to see that today this bill has not only been through committee scrutiny, but thanks to all of that work, the advice of experts, many stakeholders, and the voices of Canadians, we have landed on a version that balances all those concerns. We have agreed to an expanded mandate. We have agreed to remove certain exclusions to the unprecedented level of classified information that this committee will be able to access, and we have balanced concerns about ministerial powers of redaction and national security limitations with reasonable compromises.

As we have moved this significant legislation forward, much has been made about how Canada's committee will compare with counterparts in other Five Eyes countries. Indeed, Bill C-22 would have favourably compared to them as initially introduced. However, this amended version will make it even stronger. If we look closely at another country with a Westminster system comparable to Canada's, for example, the United Kingdom, we see very interesting comparisons with parliamentary review of national security and intelligence. There, in particular, the balance between access to highly sensitive information and protection of national security is reflected in the U.K. Intelligence and Security Committee of Parliament.

In the U.K. model, ministers may choose to withhold certain types of sensitive information, as long as the disclosure would be counter to the interests of national security. Specifically in the U.K., its Justice and Security Act states that if asked to disclose information, the government can withhold the information because it is “sensitive information” and that “in the interests of national security, should not be disclosed..”

If we look to the Australian model, similarly, the government cannot be compelled to provide operationally sensitive information, including intelligence sources, operational methods, or foreign intelligence, if that information is deemed injurious to either national security or foreign relations. All international partners agree that access to information must be balanced with the need for safety of sources and the integrity of the national security framework, and that ongoing investigations should be free of political interference.

Under Bill C-22, Canada's committee would have a statutory right to access highly classified information in any department, any agency, and now, thanks to an amendment adopted by the Standing Committee on Public Safety and National Security, any crown corporation, making our committee an international leader in terms of information access.

To continue with comparisons, Canada's committee would also be in line administratively with other Westminster systems, for example, on security clearances. However, Canada's committee would go further still in the scope of its mandate, as its jurisdiction would not be limited to the main national security agencies.

Also, unique to Canada, the committee would be able to engage and collaborate with existing expert review bodies, including the Civilian Review and Complaints Commission for the RCMP, the Security Intelligence Review Committee for CSIS, and the Communications Security Establishment Commissioner.

What is more, Canada's committee would have a unique membership. We are now proposing a body with up to eleven members, including up to three senators, and with a limit of five MPs from the governing party. Certainly this will be reflective of Canada's diversity in advice and expertise, in experience, and in opinion. It will ensure that the government does not control the committee.

I also want to emphasize that this is a made-in-Canada approach. We have taken the best of what we have learned from our allies and applied it to our own system and reality, establishing a body that is unprecedented in Canadian history. It has been lacking for a long time. This goes further than what the government under Prime Minister Paul Martin envisioned in 2005, and it goes further than what many of our allies actually have. What is more, I want to remind hon. members about the checks and balances we have in place to ensure that the committee can evolve and become stronger in the future.

As with any new institution, there will be early experiences that can lead to subsequent improvements. There will also need to be a confidence-building process with the security and intelligence community, as well as with the Canadian public, and with us as parliamentarians. In fact, when Dominic Grieve, the chair of the British committee, visited Ottawa last year, his advice was to start small, build trust, and enhance the committee over time. With Bill C-22, we will actually be starting rather large, with a committee that would have more access and more teeth than many of its international counterparts, including the United Kingdom. A mandatory five-year review included as part of this bill would ensure that the committee's effectiveness and experiences could be studied and lessons applied, so that this new institution in the Canadian national security landscape could become as effective as possible.

I see no reason at this stage of this bill's journey to hold back this truly collaborative and long-overdue legislation. It reflects values that we have long agreed upon, and the final version will incorporate, with the government's agreement, a significant number of amendments proposed by the public safety committee. I commend all members for their valued input, and I applaud the Standing Committee on Public Safety and National Security for its review. We are at an important juncture in the history of our country's security framework, and this bill gets to the root of the dual objectives that Canadians have told us they want achieved: keeping our country safe while protecting our values, rights, and freedoms. I urge all members to support this bill.

[Railway Safety Act, March 20th, 2017]

Madam Speaker, I am pleased to have the opportunity to speak to Bill C-322, which would amend the Railway Safety Act and provide the Minister of Transport with an authority to order a railway company to construct a road crossing. I will explain the reasons why the government will not support the bill.

The Government of Canada does have a mandate to oversee the safety of federally regulated railway operations in Canada. Dating back to its inception in 1989, the Railway Safety Act, administered by Transport Canada, gives the current Minister of Transport direct jurisdiction over railways that fall within the legislative authority of Parliament, as well as the authority to oversee their safety.

Transport Canada's role is to monitor regulated entities, such as federal railway companies, local railway companies, provincial railways that operate on federally regulated track, and road authorities, which can include municipalities, provinces, and band councils, for compliance with the rules, regulations, and engineering standards under the Railway Safety Act through a robust oversight program.

Transport Canada also monitors for safety and has the authority to act to address threats and immediate threats to safe railway operations through various means, including ordering corrective actions. In fact, the Railway Safety Act provides both the Minister of Transport and Transport Canada railway safety inspectors with several authorities to address railway safety issues when there is a risk, threat, or concern caused by a railway operation to the safety of the public, as well as railway personnel, and the protection of property and the environment.

In addition, the Grade Crossings Regulations, which came into force in November 2014, contain a number of provisions that set out roles and responsibilities at federally regulated grade crossings, fostering collaboration between railway companies and road authorities toward improving safety.

Allow me to describe the existing authorities and mechanisms that are currently in place.

The Railway Safety Act provides inspectors with direct authority to conduct inspections and audits and to address safety threats. The act provides authority for an inspector to issue a notice to inform a company that a threat to safety has been identified. The notice is provided to the company identifying the threat and the company must provide a response as to how it will address it. Where a threat is deemed immediate by an inspector, the Railway Safety Act also provides authority to include an order in the notice restricting the company's use of railway equipment, infrastructure, or railway operation creating the immediate threat, or allowing that operations can continue but under terms and conditions specified by the inspector until the company mitigates the immediate threat on a more permanent basis.

In June 2015, the Safe and Accountable Rail Act was passed, which amended the Railway Safety Act and provided a series of broader authorities for both the Minister of Transport and railway safety inspectors to better address rail safety threats, risks, and concerns. These new authorities allow inspectors to issue notices, in the event of a threat to safety, to any person or entity that has responsibility in relation to that threat, including railways, road authorities, and municipalities. Furthermore, in the event of an immediate safety threat, an inspector may issue a notice and order to any person or entity, again including railway companies, road authorities, and municipalities, and order them to take specific corrective actions to remove the immediate threat.

These broadened inspector authorities complement a similar authority for the Minister of Transport. If the minister considers it necessary in the interests of safe railway operations, the minister may order the company, road authority, or municipality to stop any activity that might constitute a threat to safe railway operations, or to follow procedures, or to take corrective measures specified in the order, including constructing, altering, operating or maintaining railway work, which includes crossings. Another key consideration, in addition to these existing authorities under the Railway Safety Act, is that a process for opening new road crossings already exists.

Whereas Transport Canada is responsible for the safety oversight of railway operations, the Canadian Transportation Agency, an independent quasi-judicial tribunal, sets the ground rules that establish the rights and responsibilities of transportation services providers and users, and resolves disputes.

Rest assured that these responsibilities are complementary to addressing both safety and economic concerns with respect to rail crossings in Canada. Both organizations promote a collaborative approach for road authorities and railway companies to work together to determine whether to open a road crossing. Should discussions be unsuccessful, proponents can access services, such as mediation and adjudication, through the Canadian Transportation Agency.

It is important to note that agency decisions made through adjudication are legally binding and can include where crossings should be located, conditions the crossing must meet, and apportionment of the costs. In the exceptional circumstances that the minister orders the construction, alteration, operation, or maintenance of a railway work, the proponent may, if there is another beneficiary of the work, refer the allocation of liability and costs to the Canadian Transportation Agency for a determination.

In either instance, once a road crossing is to be opened, the road authority and railway company are responsible for the safety of the crossing and Transport Canada is responsible for monitoring compliance to the standards and regulations.

Moreover, Transport Canada takes appropriate enforcement action when safety concerns or instances of non-compliance to the regulations and standards are identified. In addition to the tools already mentioned, inspectors can use administrative tools, such as letters of concern sent to railways and road authorities, in order to mitigate safety concerns. In the event of non-compliance, Transport Canada's actions may range from a letter of warning to a fine through an administrative monetary penalty to prosecution and finally to the suspension or cancellation of the company's railway operating certificate, essentially shutting down its operations.

To be clear, when all other avenues have been exhausted and when there are exceptional threats to safety, the Minister of Transport already has the authority, under section 32.01 of the Railway Safety Act, to order a company, road authority or municipality to, among other things, take corrective measures to address a threat to safe railway operations, including constructing a road crossing.

We understand that certain communities living in close proximity to railway operations are struggling to combat willful trespassing on railway property. I believe the intention of the bill is sincere and is a way to address these trespassing issues. While the government fully understands the importance of this issue, the bill looks to amend the Railway Safety Act. However, doing so would duplicate existing authorities already in place.

As I have mentioned, under the Railway Safety Act, the Minister of Transport has the appropriate tools and authorities to respond to safety concerns or threats to safe railway operations. I know the Minister of Transport and Transport Canada will not hesitate to exercise these delegated powers when necessary.

It is for these reasons that the Government of Canada does not support Bill C-322.

[Railway Safety Act, March 20th, 2017]

Madam Speaker, I would like to start by thanking the hon. member for her initiative and her speech this morning. I am very pleased to have the opportunity to speak about Bill C-322, which would amend the Railway Safety Act to provide the Minister of Transport—

[The Environment, March 10th, 2017]

Mr. Speaker, we are committed to delivering on a mandate, and we are putting significant money, $1.5 billion, into an oceans protection plan. We need to manage our natural resources, all of our resources, and we need to spend taxpayers' money responsibly.

In support of the Canadian transportation sector, it will be about building new markets and new gateways, providing better service to Canadians.

[Air Transportation, March 10th, 2017]

Mr. Speaker, any decision about Canada's transportation system will be in the best interests of Canadian travellers and Canadian gateways. We will make strategic investments in trade and transportation projects that build stronger, more efficient transportation corridors to international markets and help Canadian businesses to compete, grow, and create more jobs for the middle class. That is the program we are on, and we are going to continue.

[Air Transportation, March 10th, 2017]

Mr. Speaker, our government recognizes that a strong, integrated, and modern transportation system is fundamental to Canada's continuing economic performance and competitiveness. We will also support greater choice, better service, lower costs, and new rights for middle-class Canadian travellers.

We are working hard to improve the transportation system to better serve Canadians.