Mr. Speaker, I am pleased to rise to speak to Bill S-3, probably my last opportunity before the summer recess.
The Bloc Quebecois is opposed to this bill for the pure and simple reason that this is not the time for the government to be introducing it to this House.
Once again, this is evidence of a government that is in over its head and is trying to mark time. We all know that the session is going to be over earlier than expected. Probably, then, there has been an order passed down to each minister and deputy minister to table some bills. Bill S-3 is a striking live example of a bill that ought not to have been introduced in the House at this time.
Bill S-3, an act to amend the Motor Vehicle Transport Act, 1987, is described by the government as a highway safety act. Everyone in this House, including my colleagues and the parliamentary secretary, is making wonderful speeches about how this bill should enhance safety on Canada's major highways, and particularly the monitoring of highway carriers.
However, reading clause 3 of the bill:
3.(1) The objectives of this Act are to ensure that the National Transportation Policy set out in section 5 of the Canada Transportation Act is carried out with respect to extra-provincial motor carrier undertakings, and, more specifically, that a ) the regulatory regime for those undertakings is focused on safety performance assessments based on the National Safety Code for Motor Carriers; and b ) the operating standards that apply to those undertakings are applied consistently across Canada.
This is far from being a bill that will guarantee safety on major highways across Canada. It targets extraprovincial motor carrier undertakings and its purpose is to subject them to a consistent national evaluation and monitoring regime.
Be that as it may, the monitoring and implementation of the regime come under the jurisdiction of the provinces and territories. It is important that Quebecers and Canadians realize that the Government of Canada has no means, no monitoring policy, no effective policy to guarantee the monitoring of undertakings. It is the provinces and territories that are responsible for implementing the standards that they themselves set.
The provinces and territories have had safety standards for decades. Moreover, they agreed to adhere, among others, to standard 14, which is part of the national safety code for motor carriers. The provinces and territories made it their objective to implement this standard. Finally, the proposed bill would have the effect of implementing standard 14.
In order to implement such a standard, we must be able to set up, in each province and territory, a system of evaluation and compatible assessments across Canada on which, as I said earlier, the provinces and territories agree.
In order for the system to be effective, there must also be a penalty and downgrading process, including the cancellation of permits for major offenders, and also an effective monitoring system.
This is where the problem lies because, as we are speaking, the territories have still not been able to come to an agreement with the federal government to implement this system of evaluation, assessment, penalties and monitoring. Implementation costs are a major factor.
The implementation of an evaluation system with ratings, penalties and monitoring would be very costly for the provinces and territories. Right now, not all provinces and territories have the financial means and the capacity to implement that evaluation system with ratings, penalties and monitoring. Discussions among the provinces have been ongoing since 1999, when a standing committee was struck by the provinces, the territories and the federal government.
The committee is studying the best way to put in place an evaluation system with compatible ratings, the necessary penalties and the monitoring required to reach the objective. There is still no agreement.
Why introduce Bill S-3 if, in the field, the recommendations contained in the bill cannot be implemented? Once more, here is a government that does not care. I do not doubt the sincerity of the parliamentary secretary or the Liberal members of the committee. However, the bureaucrats were let loose and they proposed a bill to try to kill time. Finally, we have too much time. Right now, the rumour is that we will adjourn earlier than expected.
Public servants were left to introduce the bill, which cannot be implemented in the provinces and territories for the simple reason that no agreement has yet been reached on how to supervise, harmonize the entire assessment and rating system, lower ratings, or cancel permits, and for the regime as a whole. The government has not reached any agreement with the provinces and territories.
Worse yet, the officials had the gall to come before us in committee and say they had the agreement of all the provinces and the industry. On three occasions, I had to correct the government officials. I told them that Quebec had not given its approval when Bill S-3 was introduced for the simple reason that Quebec's standards are higher than the Canadian ones.
If a province applied the rating of this standard to its industry, it would limit the industry's competition. Imagine if a province or territory decided to sanction its carriers more strictly than other provinces or territories. It would make the motor carrier industry less competitive if the industry had to meet tighter standards and face stricter sanctions with fines attached.
This would threaten competition among industries in Canada, and this is why it is important to have a single standard across Canada. Each of the provinces and territories must also have the means to implement this standard.
From the very start, with the lack of cohesion in relations between the provinces and the federal government, I said whenever I spoke in committee that the bill had been introduced too soon. The provinces are in agreement with standard 14. The problem is that there is not enough money to harmonize Canada wide in such a way that the trucking industry is not worse off in one province than in the others.
The government kept telling us that there had been consensus. Again, I had to remind officials that, as far as I was concerned, Quebec had not given its approval.
In committee, we were able to hear from industry stakeholders, because the committee had decided that it would be a good idea to invite them to appear before it anyway. The following is from the brief submitted by the Canadian Trucking Alliance, which represents 70% of the trucking industry. It sits on the standing committee and therefore represents the industry at the table, and is very knowledgeable about harmonization problems and the provinces' and territories' lack of financial resources to enforce the standard:
However, it is our fear that without a significant commitment of political will and increased funding on the part of the federal government to ensure that the National Safety Code ...is consistently applied in all jurisdictions, leadership will be lacking and the safety rating standard may prove to be an unattainable goal.
The representative went on:
In our view, the time has now come for the federal government to expend the political capital and financial resources necessary to effectively exercise its constitutional authority over trucking.
Obviously, this is a strong appeal from the Canadian Trucking Alliance, which represents 70% of the industry. It says that there is indeed a problem with respect to harmonization and that the federal government has to set a Canada-wide standard. However, the government must also provide the necessary funding to ensure the implementation and enforcement of this standard by the provinces and the territories, who are the only ones who have the required monitoring equipment and the resources.
In spite of the amendments recommended by the Canadian Trucking Alliance, there is nothing in Bill S-3 to include the setting up of a standing fund to support enforcement and harmonization.
In this bill, even if all the stakeholders, including the industry, say that there is a money problem and that it costs a lot of money to have the rules enforced from one end of the country to the other—since the provinces and the territories do not all have the same capacity—in spite of this problem, even the industry, the Canadian Trucking Alliance, which represents 70 % of the industry, has not even dared to ask the federal government to pay its share in the enforcement and monitoring of this standard.
This is where the problem lies. I come from another environment. I spent 18 years in municipal government before coming to this House. I have great difficulty understanding that stakeholders, people as aware as the representatives of the Canadian Trucking Alliance—70% of the industry—realizing that the federal government collects excise tax on gasoline, the GST on gasoline and finally half the taxes on everything that truckers or motor carriers pay in most jurisdictions, do not even dare—they are shy—ask the federal government for money, and indicate that the federal government “should”.
Even in their recommendations and their amendments, believe it or not, they asked for this instead, “the minister shall, by order, remove the power of delivering certificates from the provinces that are unable to ensure follow-up and monitoring”.
So, instead of asking the federal government to pay its fair share, the industry suggested—probably on the recommendation of federal government officials—to remove from provinces the power of delivering certificates, whereas the federal government does not even have a single person able to do so in the whole country, for the simple reason that this is a provincial jurisdiction.
Of course, once again, the pressures the industry may face from government representatives, particularly at such a crucial moment, are due to the fact that, even though work began in 1999 and all the provinces and the territories are discussing and trying to find solutions, the issue of funding for all those measures has not yet been resolved.
It is not enough to just put in place standards with which the industry must comply, there must also be a mechanism for monitoring this standard. Monitoring costs big bucks.
I repeat, I am a representative of Quebec. The province of Quebec is not the one that lacks the means to ensure compliance with standards at this time. In some ways, Quebec standards are stricter than the national safety code, particularly as far as motor coaches are concerned.
The industry in one province must not be penalized because it enforces stricter standards and stricter penalties, lays comparatively more charges against certain types of industry than in other jurisdictions.
Obviously, if there is to be healthy competition, the principle of this bill must be applicable and applied across Canada, which is far from the case at this time.
In conclusion, this is a consensus that must be obtained before such a bill is introduced. That is what should have happened. As I have said, the provinces did not give their okay to the introduction of this bill; Quebec did not.
In closing, I would just like to state that I believed the departmental officials when they told us that all provinces and territories were in agreement with Bill S-3, despite the fact that I had told them on three different occasions that this was not the case for Quebec. They insisted it was the case for all provinces and territories, and for the entire industry. Obviously, I will share with the hon. members what Teamsters Canada had to say before the committee as well as the content of their brief. They are hardly insignificant, representing as they do 80% of unionized truck drivers throughout Canada. They said, in part:
Moreover, it was stated that provincial governments and industries were consulted on this and that they agreed on Bill S-3. Teamsters Canada does not believe that all the provinces agree with this bill. In the eyes of the public, Teamsters is synonymous with the trucking industry. We are the pillar of highway transportation and we were not consulted on this bill.
It is difficult for me to support this bill, especially when I hear the statements by government officials. Again I am not blaming the parliamentary secretary or the Liberal members who sit on the committee. The bureaucracy is the one to blame. It probably received a mandate from the very top to try to fill the time in the House, because we will be adjourning earlier than expected.
I blame public servants for presenting a bill that cannot be implemented and that may create a malaise between the industry and the provinces that had not given their approval. This malaise could jeopardize the implementation of that standard, which is meant to be acceptable to the provinces, the territories and the industry. The problem is that this bill is being introduced too soon.
It is for these reasons that the Bloc Quebecois will oppose Bill S-3.