Bill C-33

Strengthening the Port System and Railway Safety in Canada Act

An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

This enactment amends several Acts in order to strengthen the port system and railway safety in Canada.
The enactment amends the Customs Act to require that, on request, any person in possession or control of imported goods make those goods available for examination in accordance with regulations and deliver those goods, or cause them to be delivered, to a secure area that meets the requirements set out in regulation.
The enactment also amends the Railway Safety Act to, among other things,
(a) add a definition of “safety” that includes the concept of security;
(b) prohibit interference with any railway work, railway equipment or railway operation, or damage or destruction of any railway work or railway equipment, without lawful excuse, in a manner that threatens the safety of railway operations;
(c) prohibit behaviour that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment and unruly behaviour toward employees, agents or mandataries of a company;
(d) authorize the Minister to order a company to take necessary corrective measures if the Minister believes that
(i) a measure taken by the company in relation to a requirement of a regulation made under subsection 18(2.1) has deficiencies that risk compromising the security of railway transportation,
(ii) the security management system developed by the company has deficiencies that risk compromising railway security, or
(iii) the implementation of the company’s security management system has deficiencies that risk compromising railway security;
(e) authorize the Minister to grant, refuse to grant, suspend or cancel a transportation security clearance;
(f) strengthen the administrative monetary penalty regime; and
(g) require a review of the operation of the Act every five years.
The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,
(a) require persons who import, offer for transport, handle or transport dangerous goods to register with the Minister;
(b) provide to the Minister powers relating to the management of safety risks; and
(c) establish an administrative monetary penalty regime.
The enactment also amends the Marine Transportation Security Act to, among other things,
(a) set out the Act’s purpose and allow the Minister of Transport to enter into agreements with organizations in respect of the administration and enforcement of the Act;
(b) set out regulation-making powers that include powers respecting threats and risks to the health of persons involved in the marine transportation system, the sharing of information and the establishment of vessel exclusion zones;
(c) authorize the Minister to make interim orders and give emergency directions and modify the Minister’s power to give directions to vessels; and
(d) create new offences, increase certain penalties and extend the application of certain offences and the administrative monetary penalty regime to vessels.
The enactment also amends the Canada Transportation Act to, among other things,
(a) specify that the Minister may use electronic systems in making decisions or determinations under an Act of Parliament that the Minister administers or enforces and provide that a power of entry into a place under such an Act may be exercised remotely by means of telecommunications; and
(b) reduce the threshold above which the Minister and the Commissioner of Competition must receive notice of proposed transactions relating to a port.
The enactment also amends the Canada Marine Act to, among other things,
(a) set out that port authorities are responsible for management of traffic and create regulatory authorities respecting fees and information and data sharing in respect of that management;
(b) provide the minister with the power to require, by order, the taking of measures to prevent imminent harm to national security, national economic security, or competition; and
(c) require port authorities to establish advisory committees, which must include representatives from local Indigenous communities, require periodic assessments of port authorities’ governance practices and set out new requirements respecting plans and reports relating to climate change.
Finally, it makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act .

Strengthening the Port System and Railway Safety in Canada Act

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I have to interrupt the hon. member.

It is time for questions and comments. The hon. member for St. Albert—Edmonton.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I will put this to the member for Davenport: If this bill is so great, as she seems to think it is, why do key stakeholders, such as CP Rail, characterize it as a whole bunch of nothing? Why have other stakeholders, such as the Chamber of Shipping and the Association of Canadian Port Authorities, said that this would exacerbate supply chain issues because it would increase government regulation and red tape? Can the member explain how it is that the minister said that this would reduce the cost burden, in the face of a massive increase in red tape?

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I will say that this bill has come together as a result of numerous consultations with a number of stakeholders and industry leaders across the country. It incorporates a lot of their suggestions. I can equally have a full page of all the people who are very happy to see this legislation move forward and believe that it is critical for us to have in order to improve our safety, the reliability of our supply chains and our overall economy here in Canada.

I will say to the hon. member, though, that this bill is not meant to solve every single problem that we have within Canada in our supply chains. However, that is why we will continue to work with Canadians and all stakeholders to continue to improve our supply chains and do everything we can to have a prosperous economy that benefits—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. member for Saint-Hyacinthe—Bagot.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, the Lac-Mégantic tragedy happened in 2013, and Bill C-33 was introduced in 2023, 10 years later. Ten years passed between those two events, and the Liberals were in power for eight of those 10 years.

Why is it that, even in urgent situations where people are in danger, the Liberal MO is always to put things off indefinitely, introduce a bill that is too weak and spout a bunch of empty rhetoric only to sit on its laurels and justify doing nothing for another 10 years?

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I think we all remember the absolutely awful tragedy that unfolded in Lac-Mégantic, where 47 lives were lost because of a tragic rail incident. We have taken a number of measures to strengthen the safety of our rail network, and this bill would provide additional measures, including the registry of dangerous goods and additional authorities for the Minister of Transport to ensure that we further build on the safety of our rail network.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, on July 6, 2013, a Montreal, Maine and Atlantic Railway train derailed and exploded in Lac-Mégantic, killing 47 people in one of the worst rail tragedies in our history.

Philippe Falardeau made a documentary entitled Ceci n'est pas un accident or this is not an accident. This disaster could have been predicted as a result of government policies that were initially introduced by the Conservatives but then maintained by the Liberals.

Unfortunately, Bill C-33 does not fix anything. Self-inspections, the lack of a two-driver requirement and the absence of requirements for brakes on these vehicles mean that a tragedy like this could happen again.

Are the Liberals open to amendments in committee to ensure that this type of tragedy never happens again?

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, as I said, it was absolutely awful on July 6, 2013, when 47 people perished from the derailment of the 72-tanker-car train transporting crude oil. I mentioned that our government had already taken some actions, and this bill would provide further, additional measures.

I would say a couple of things to the member. In my riding of Davenport, where we have a CP Rail line that also carries dangerous materials, it is something that is top of mind for me, as well as for many other people within the riding. Our government will never stop trying to improve the safety and security measures of our railway system to ensure the safety of Canadians. Of course, we are always open to excellent suggestions and recommendations during committee.

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Madam Speaker, this bill is typical Liberal government legislation. It would make things more difficult for Canadians, Canadian jobs and Canadian ports. The Liberals get a star, though, for increasing bureaucracy, regulations and red tape. It is a red star, which was a symbol, I believe, of a certain country not so long ago. This would not help our ports, and would lead to more inefficiencies and costs.

The Association of Canadian Port Authorities said that more government is not the answer. That is what we are seeing in this bill: more government. This bill would only add regulatory requirements and costs to the stakeholders, which would be passed on to Canadians. We are an exporting and importing nation. This forms a very important part of our economy. We are being stifled with regulations.

I was looking at a report today, written by the World Bank Group and S&P Global Market Intelligence about the container port performance index. These groups analyzed ports across the world; I believe it was 348 ports. They looked at wait times as an indicator of overall efficiency and said that international trade is very much affected by an efficient or inefficient port. A poorly functioning or inefficient port can hinder growth and have a profound impact.

I used to be a teacher of social studies, and I know of a lot of cities. When I was looking over this list, there were a lot I knew and a lot I did not know. On this list I saw, for example, Manila, Alexandria in Africa, Freetown and Mogadishu in Somalia, which is a failed state. I saw ports in Europe, in South America and all over the world. It listed the Canadian Port of Vancouver. Where is it on this list of 348 ports, which includes, as I mentioned, ports in failed states? It is number 347 out of 348. We are supposed to be a first world nation. This is terrible, and it falls fully in the lap of the Liberal government.

Why do I say that? For example, there was a Globe and Mail article in June that said that Canada used to be in the top 10 for ports a decade ago, 10 years ago. After eight years under the Prime Minister, I think we can put together what has happened in this nation. We have a Liberal-NDP government that is crushing our country through bureaucracy, through red tape and through socialism, or government control.

I go door to door during campaigns and other times and talk to people. People are very receptive in my constituency, but I find the people who are most receptive are from eastern Europe. Why is this? It is because they fled socialist governments and came to Canada for more freedom. They tell me that they are seeing the same trends in Canada under the Liberals and NDP as they saw in eastern Europe.

During the Cold War, the picture we would see would be long lines for bread. People would get there early in the morning to wait for the product, because everything was so slow. It is a by-product of socialism, of crushing government control.

We are seeing some real problems here. With the ports, for example, we have just a long, clogged-up port system. The efficiencies are not there. What the bill would be introducing is just more red tape, more inefficiencies.

I talked to a German tourist and was disappointed by what he told me. He has been to Canada at different times. He said that Canada seemed to be on the decline economically. He says that it does not have the vitality he used to see in the past.

We can thank the Liberals. We can thank the NDP for this. They will blame supply chains. Well, they are right. This bill could have been addressing supply chains. It does not; it makes things worse. They blame the war in Ukraine. There have always been wars happening. That is enough excuses from the Liberal government. It needs to stop making things worse for Canadians. There is an expression, “Everything he touches turns to gold.” Well, with the Liberals, it is quite the opposite. Everything they touch seems to be turning to ashes through their wastefulness and strangling regulations.

CP Rail said this about the bill: “After working on this for four years, it is a whole bunch of nothing.” I think this is actually being complimentary, because the bill is actually negative, worse than nothing.

There is a critical infrastructure project that was planned for years. There was a commitment by CP Rail and the Port of Vancouver, and it was led by the harbour authority, which was under the control of the federal government. That project has been put on the back burner now, because in four years, the price has tripled and is out of control. If we look at the increase in costs, it is primarily due to regulations, bureaucracy, assessments and studies. It is not even in the actual building of it, and it is out of control, taking years to get this project done.

I saw a little video clip from the Netherlands on X. It showed an underpass, which is what we wanted to get done in Pitt Meadows, that was built in one weekend. It shows all the pictures. We cannot get it done in years, let alone one weekend. These sorts of inefficiencies and regulations are just strangling us, and it is impacting the cost of living and inflation.

The Liberals are trying to deal with inflation by raising interest rates. Canadians are suffering. They wonder why the price of everything is going up. There are taxes and inflation. It is because of Liberal mismanagement, how they blow Canadians' money.

There was a project by a private corporation, the TransCanada pipeline, a pipeline that was going to be built for $7 billion. The Liberals bought it, and now what is the cost? It is $30 billion to $40 billion. It is out of control. They have no control. This is impacting.

They should actually focus on things like the Canadian Border Services Agency. Other ports, smaller ports such as the Port of Nanaimo and the port at Port Alberni want them in there to get more efficiencies.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Division deemed demanded and deferred

It being 4:35 p.m., pursuant to order made earlier today, all questions necessary to dispose of the second reading stage of Bill C-33, an act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another act, are deemed to have been put and a recorded division is deemed to have been requested and deferred until Tuesday, September 26, 2023, at the expiry of the time provided for Oral Questions.

It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for South Okanagan—West Kootenay, Housing.

The hon. deputy House leader is rising on a point of order.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I believe if you seek it, you will find unanimous consent to see the clock at 5:30 so we can start Private Members' Business.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Do we have unanimous consent?

[Some hon. members]

Agreed.

The House resumed from September 21 consideration of the motion that Bill C-33, Strengthening the Port System and Railway Safety in Canada Act, be read the second time and referred to a committee, and of the amendment.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Pursuant to an order made on Thursday, September 21, the House will now proceed to the taking of the deferred recorded division on the amendment of the member for Langley—Aldergrove to the motion at second reading stage of Bill C-33.

Call in the members.