Mark Adler

[Fair Rail Freight Service Act, May 29th, 2013]

Mr. Speaker, I want to thank the member who has provided the first informed and educated question of this question period.

Let me say that it is our government that has made the economy the number one priority. It is our government that focuses on jobs, growth and long-term prosperity for Canadians. It is our government that has the lowest debt-to-GDP ratio of any G8 country. It is our government that has the strongest job creation record of any country in the G8.

Our government has created the conditions for business to thrive and to grow in this great country of Canada. In the interests of fairness and support for business, we have introduced Bill C-52, which the member has commented on, which would help small business. It would help big business. It would help the energy sector. It would help the mining sector. It would help all sectors of our economy, from one end of our country to the other.

Thank goodness that we have the best finance minister in the world and the best Prime Minister and leader that one could ask for to lead our economy as the number one economy in the G8.

[Fair Rail Freight Service Act, May 29th, 2013]

Mr. Speaker, our government consults more than any other government in Canadian history. There were extensive consultations, not on the economy, but on Bill C-52. In fact, on the bill itself, for example, Kevin Bender, president of the Western Canadian Wheat Growers Association said:

These measures will create the conditions for improved railway performance and accountability. It will help ensure all shippers can gain access to an adequate level of service.

This goes on and on. I have, from the president of the Grain Growers of Canada, from the chemistry industry, from the Forest Products Association of Canada, quote after quote on how Bill C-52 would create a fair, open, accountable and legitimate form of commercial interaction between the shippers and the railways.

The member talks about a lost opportunity. I will tell him about a lost opportunity. 1993 to 2006 was a lost opportunity when the Liberals were in power in this country. They sat on their hands, did nothing and left the country in a mess. It is our government that is picking up the pieces and giving Canada back to the Canadians.

[Fair Rail Freight Service Act, May 29th, 2013]

Good grief, Mr. Speaker, only the NDP would see profit as an evil. It is absolutely ridiculous.

We on this side of the House have imposed penalties in the range of $100,000, but we encourage the parties to work it out commercially together, not have something imposed from the top, which we know the NDP members love to do because they think that government knows better than individuals do, government knows better than the two parties who are negotiating in free and open agreement do.

We on this side are focused on what matters most to Canadians, and that is jobs, growth and long-term prosperity. We see profit on our side of the House as a good thing, not an evil, as does the NDP.

[Fair Rail Freight Service Act, May 29th, 2013]

I am happy to receive such praise from the opposition, and I look forward to their support of Bill C-52.

I would first like to thank the Minister of Transport, Infrastructure and Communities for his steadfast and laser-like focus on creating the bill that is before us today to bring fairness to this sector of our economy. Of course, I also want to thank my colleagues on the transport, infrastructure and communities committee, particularly our chairman who has done yeoman's work in making sure the bill got through the committee expeditiously.

As the minister said on December 11, 2012, “This bill will help shippers maintain and grow their businesses while ensuring that railways can manage an efficient shipping network for everyone”.

Bill C-52 supports the interests of the entire economy. Given the importance of rail service to our country, shippers need to have service clearly defined and they need to know that the railways will deliver rail service efficiently and effectively. That is the only way shippers can properly plan and seize market opportunities.

I would like to talk about some of the new provisions that are proposed in Bill C-52. First, the bill would give every shipper the right to a service agreement with the railway and would provide an efficient and effective process for establishing such an agreement when commercial negotiations fail. That is key. Every shipper would be able to request a service agreement with their railway. That is an important point. The railway would now have 30 days to respond. This particular change is an important gain for all shippers, including small and medium-size businesses. It would ensure that they have an opportunity to negotiate service with the railway directly.

Second, if the parties cannot agree commercially, the shipper would have access to a timely and efficient process to establish an agreement. Under the auspices of the Canadian Transportation Agency, shippers would be able to request an arbitration process. This important arbitration process would establish, in a clear and comprehensive manner, how the rail service would be provided by the railway.

For many years, shippers have raised concerns that they have faced additional costs or lost sales when rail service is inadequate, particularly when they face regular problems such as delays in receiving rail cars. Canadian businesses or farmers can agree that this situation is a significant challenge for their operations. Shippers generally acknowledge that railways have made improvements to freight service in recent years. However, shippers believe that an effective enforcement mechanism is essential to ensuring that improvements continue.

This brings me to the third important point. We want to ensure that railways are held accountable in the event of service failures. This would be achieved through monetary penalties. These financial penalties could reach up to $100,000 for every confirmed breach of an arbitrated service agreement. Specifically, the financial penalty would take the form of an administrative monetary penalty under the auspices of the Canadian Transportation Agency. This consequence would ensure greater railway accountability.

Now, let me explain how this new provision would work. When a shipper is concerned that a railway has breached a service agreement that the agency had arbitrated, he or she could ask the agency to examine the situation. If the agency confirms a service failure in such a case, it can apply the monetary penalty to the railway company for a confirmed breach.

This potential and significant financial penalty would provide a strong incentive to comply with arbitrated service agreements. The amount of the penalty imposed would depend on the severity of the service breach. As with any administrative monetary penalty system managed by a regulatory body, the penalty would be payable to the Crown and not to the shipper. The agency is the appropriate body to confirm whether a breach has occurred, and can set a penalty accordingly. Indeed, the agency's role under this new provision would be to look at the reason for the breach and determine the right consequences, case by case.

Giving the agency the authority to impose the administrative monetary penalties is a sound approach. During consultations for this bill, both shippers and railways acknowledged the agency's expertise in rail freight service issues. In addition to this strong new enforcement tool, shippers will also have access to two other mechanisms to address railway service problems.

Of course all shippers will retain their right to file a complaint on service with the agency. All shippers will also retain the right to seek damages resulting from railway service failures through the courts. These rights apply regardless of whether shippers have agreements arbitrated by the agency or agreements they negotiated commercially.

First, a shipper can file a complaint with the agency under the existing level service provision under the act, which requires railways to provide adequate and suitable service. If the agency confirms that the railway has not met its service obligations, it has broad powers to order a range of corrective actions to be taken by the railway.

The new provision on service agreements complements this existing remedy for examining rail service complaints. If a shipper has a service agreement that defines clearly the railway's service obligations, this will provide a more precise reading of when obligations are not met, and facilitate the filing of a complaint in such a case if a shipper deems it necessary.

Second, shippers will continue to be able to sue for damages incurred due to rail service failures. Seeking damages through litigation is an especially important option for those shippers who are seeking compensation for significant lost sales or costs incurred due to a railway service failure.

Shippers wanted to ensure that any new enforcement tool, such as administrative monetary penalties, does not undermine any existing remedies. This strong new enforcement mechanism would not in any way disrupt, replace or erode existing shipper remedies.

I am confident that in most cases shippers and railways would be able to work out service agreements commercially that include communication protocols to be followed when service failures occur. Moreover, I expect commercial agreements would also identify recovery plans to mitigate the impact of any service failures.

The great strength of Bill C-52 is that all of its elements would help drive commercial negotiations.

Through the implementation of the bill, shippers will be in a better position to negotiate service agreements with the railway in the commercial forum. Both railways and shippers have expressed their preference for commercial solutions.

As all stakeholders continue to work in collaborative partnerships, I firmly believe that Bill C-52 includes a strong enforcement mechanism. It provides the best way forward in supporting commercial solutions and innovations that strengthen our rail freight system, a system that will foster Canada's economic growth, a system that will support shippers and railways as they strive to grow their businesses, capture new opportunities and create jobs and prosperity for Canada and Canadians.

I strongly encourage all members of this place to vote in favour of Bill C-52, a bill that would not only help strengthen our railway system, it would support our growing economy and lead to jobs, growth and long-term prosperity.

[Fair Rail Freight Service Act, May 29th, 2013]

Mr. Speaker, it does not surprise me. The NDP members feel the Liberals nipping at their heels, so they are a little excited and a little nervous.

We are here to talk about Bill C-52, so let me begin.

[Fair Rail Freight Service Act, May 29th, 2013]

Mr. Speaker, it gives me great pleasure to rise today in the House to talk in support of Bill C-52, which proposes to amend the Canada Transportation Act.

Before I begin my remarks, I want to say that of course Canadians from far and wide know that our government is focused on what matters most to Canadians, which is jobs, growth and long-term prosperity. It is our government that has been praised and has received accolades from international organizations from around the world, from the OECD to the IMF, and Forbes magazine, which says that Canada is the best place to be doing business.

There is a reason for that. There is a reason why international organizations praise this country. There is a reason that Governor Branstad of Iowa says he is afraid to bring potential investors to Iowa. It is because his state is so close to Canada that he knows he may lose investors because the Canadian economy is doing so much better than the U.S. economy. There is a reason for all of these things.

As I said, our government focuses on what matters most to Canadians. The Liberals on the other hand focus on dividing Canadians. They talk about their Quebec leader and how superior they are to the rest of Canada. Their leader has said that Canadians who do not speak two languages are lazy. They say they are against reforming the Senate. They are for the status quo because they are afraid of losing 24 senators in Quebec.

We have to give the NDP credit on the other hand because at least they are consistently wrong. Let me propose something to the NDP. Rather than being called the “New Democratic Party”, they should be called the “Old Democratic Party” because it is the same old policies from the sixties and seventies: high spending, high taxes and reckless spending on crazy social engineering schemes—

[Tribute to Neil Reynolds and Peter Worthington, May 22nd, 2013]

Mr. Speaker, this week Canada lost two giants of journalism: Neil Reynolds and Peter Worthington.

Neil Reynolds passed away on Sunday at the age of 72. Reynolds' passion for Canadian newspapers was unmatchable. His courage and leadership in journalism will not be forgotten. Born near Kingston, Reynolds was editor of several Canadian newspapers across the country and mentored many journalists who went on to become leaders in Canada's media industry.

Peter Worthington was truly unstoppable. Born in Winnipeg, his journalism took him to the ends of the earth. As founding editor of the Toronto Sun, and for so much else, he will be remembered for generations. Peter Worthington passed away Sunday, May 12, at the age of 86.

They will be deeply missed by their families, friends and journalists and by Canadians from coast to coast to coast who were inspired by their dedication to the craft.

I invite all of my colleagues to stand in tribute to Peter Worthington and Neil Reynolds.

[Economic Action Plan 2013 Act, No. 1, May 2nd, 2013]

Mr. Speaker, my colleague is on the finance committee and is the very hard-working Parliamentary Secretary to the Minister of National Revenue.

In fact, in budget 2012 the Minister of Finance ad called consultations on the general preferential treatment. In December last year, hundreds of representations were made during that consultative process. I have the list of all the individuals, companies and organizations that made representations. I cannot find one New Democrat on this list. I cannot find one Liberal on this list. Those members seem to be crying crocodile tears. Their job creation strategies are not for Canada. Their job creation strategies are for China.

[Economic Action Plan 2013 Act, No. 1, May 2nd, 2013]

Mr. Speaker, it has become patently clear that the opposition really has nothing to say about the substance of the bill, so it resorts to criticism of the process.

When it comes to process, this government has been crystal clear. This government will be sending the bill to various committees for comprehensive study. In fact, at finance committee, we will go through Bill C-60 clause by clause, and the NDP can raise amendments and objections at that point.

This is the old bogey that the NDP and socialists love to bring out, that we are being taken over by American companies or foreign companies. We have heard this from the NDP going back to the 1960s, from the waffle movement within its party, and time and time again it has been proven wrong. It was against the Auto Pact. It was against the free trade agreement. It was against NAFTA. It has been against six free trade agreements that our party has negotiated to create jobs in our country. The NDP does not stand with the Canadian worker.

[Economic Action Plan 2013 Act, No. 1, May 2nd, 2013]

Mr. Speaker, it is my honour to rise in the House today to speak in support of Bill C-60, economic action plan 2013 act, no. 1.

I would like to take this opportunity to congratulate the Minister of Finance for remaining committed to what matters most to Canadians, and that is jobs, growth and long-term prosperity.

Canada's economic action plan 2013 advances a solid vision with a proven track record. We are the only party with a plan and that plan is working for the Canadian people. Let us look at the evidence.

Before I continue, I would like to mention that I will be splitting my time with the member for Barrie.

Just this week, Statistics Canada announced that Canada's economy grew by 0.3% in February. Over 900,000 net new jobs have been created since the end of the recession in July 2009, the strongest job creation record of any G8 country.

All major global institutions say that Canada is a model of economic leadership. The OECD says that Canada has the most sound economic fundamentals in place for a strong economy for the next 50 years. We also have the lowest debt-to-GDP ratio of any G8 country.

However, we must remember, and this is a very important point, that Canada is not an island. We are not immune to economic shocks emanating from our global neighbours. Therefore, while the Canadian economy continues to grow and create jobs, the challenges confronting us remain significant and we cannot afford to become complacent.

That is why now, more than ever, we must remain focused and on track. Economic action plan 2013 is a balanced and responsible approach. What we propose is not partisan; it is simply good for Canada and will lead to further growth in our economy and to job creation.

Bill C-60 contains a number of substantive measures to build a stronger economy and create jobs. Some of these include extending for two years the temporary accelerated capital cost allowance; indexing the gas tax fund payments to better support job creating infrastructure in municipalities across Canada; extending for one year the mineral exploration tax credit for flow-through share investors; modernizing the Investment Canada Act to clarify the treatment of proposed investments in Canada by foreign state-owned enterprises, the timeline for national security reviews; and providing $18 million to the Canadian Youth Business Foundation to help young entrepreneurs grow their firms.

One critical area we are focusing on is Canada's skilled worker shortage. The Canadian Chamber of Commerce has identified the skill shortage as the number one obstacle to success for its members. There are too many jobs that go unfulfilled in Canada because employers cannot find workers with the right skills.

We heard this message time and time again at finance committee. Therefore, our government has taken action. The temporary foreign worker program has been reformed to enable employers to hire foreign workers on a temporary basis to fill immediate skills and labour shortages when, and only when, Canadian citizens and permanent residents are not available to do the job. However, let me be clear. The temporary foreign worker program is designed to ensure that Canadians are given the first crack at available jobs.

Bill C-60 also has a number of proposals to support Canadian families and communities. Some of these are introducing a new, temporary, first-time donor super charity credit for first-time claimants, expanding tax relief for home care services to better meet the health care needs of Canadians and removing tariffs on imports of baby clothing and certain sports and athletic equipment.

I want to take this opportunity to talk a bit about the general preferential tariff. I am proud that the economic action plan would modernize Canada's general preferential tariff regime, which has not been updated substantially since 1974. A lot has changed since the 1970s in the global economy.

Let us consider this. In 1980 the Canadian economy was $269 billion. It was bigger than China's, bigger than Brazil's and bigger than India's. Why would we continue to administer, virtually unchanged, a foreign aid subsidy program based on what the state of the global economy was in 1970s? We should not.

The GPT was a collective commitment from developed western countries in 1974 to help the economies of the poorest third world countries. The program gave companies from these countries preferential access to the Canadian market. Throughout the years, as some of the poorest countries grew stronger, many in the west modified their list of countries to ensure it properly reflected changing economic realities. In fact, the United States revises its program every two years.

Remember, as I said just a few minutes ago, that in 1980 the Canadian economy was bigger than China's, Brazil's and India's. Compare this to today. The economy of China is $7.3 trillion, Brazil is $2.5 trillion, India is $1.8 trillion, and all have overtaken Canada, which is $1.7 trillion. If our government does not revise the general preferential tariff with these countries, all three countries will continue to receive the same benefits as the poorest third world countries.

The general preferential tariff is not a free trade program. There is no increased access for Canadian exporters to those preferred countries. In fact, many Canadian companies face hurdles when they try to enter those very markets. That is why our government has been pursuing an aggressive trade strategy, negotiating nine free trade agreements since 2006 and negotiating to open more markets for our goods and diversify our trade. However, we cannot accomplish that by letting an outdated program from the 1970s continue indefinitely.

The recent changes would provide an incentive for many countries to open their markets to Canada, meaning better jobs for Canadians and tariff reductions for Canadian consumers. I recently heard from a business owner in my riding who was having trouble competing with his counterpart in China. He was quite upset that Canada was giving tax breaks on imports from China. He did not seem to think this was fair, and neither do I. I am proud, therefore, that t his new budget would graduate countries from the list of developing countries and ensure Canadian companies could better compete so jobs would be created in Canada rather than in China.

I would like to conclude by clearly stating my support for Bill C-60, economic action plan 2013 act, no. 1, which would keep our promise to the generation that made us great but also would invest in the next generation that would make Canada even greater.

I thank the Minister of Finance for his hard work on this budget. The people of York Centre and Canada truly appreciate it.