44th Parl. 1st Sess.
September 21, 2023 10:00AM
Madam Speaker, I am pleased to rise today on behalf of the people of Skeena—Bulkley Valley in beautiful northwest B.C. and speak to the bill before us, 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.
This is a fairly complex and technical bill, but really it focuses on Canada's supply chain. Canada is a trading nation, and the performance, resilience, efficiency and sustainability of our supply chain obviously have far-reaching impacts. This is something that was driven home just this past year with the atmospheric river events in British Columbia, the extreme climate occurrence that took out a good portion of the supply chain infrastructure in my province and caused some real concern and disturbance for the supplies that companies and citizens across our country require. There is also of course the impact of the pandemic on the supply chain. We saw during the pandemic a whole host of concerns, unfortunately very few of which are addressed in this bill. However, I do note there are some incremental improvements we can get behind.
I hope to focus my comments on the concerns I have heard from communities, from people in British Columbia and other parts of Canada who are impacted by the operation of the supply chain. The supply chain does not exist in a vacuum. It runs through places where people live. For years and years, people have been expressing concerns about the impact of the transportation of goods on their lives. I was somewhat dismayed to see that those concerns from citizens and the concerns from workers in the supply chain are not reflected in a more substantive way in the legislation before us.
The response to this bill has been rather tepid. As much as anything, the response has been that it is a missed opportunity to do something much more far-reaching and ambitious. However, as I mentioned, there are items in this bill that are supportable, so we look forward to seeing it get to committee where we can work with all parties to make amendments that strengthen its provisions.
I am going to focus my remarks on the portion of the bill that relates to changes to the Marine Act, that is, the operation of our ports, and changes to the Railway Safety Act, which is something very pertinent to the region I represent.
I will start with the topic of rail safety. I want to note at the outset that this year marks the 10-year anniversary of the Lac-Mégantic tragedy that took 47 lives and destroyed the downtown of a beautiful community. I came across comments from a fellow named Ian Naish, the former director of rail accident investigations with the Transportation Safety Board. He said in February that safety measures introduced since the Lac-Mégantic disaster have been “marginal”.
We also saw in East Palestine, Ohio, a major rail disaster that impacted thousands of people. In the wake of that disaster, Kathy Fox, the chair of Canada's Transportation Safety Board said, in referring to rail safety in Canada, “Progress is being made, but it's very, very slow. I can't say [Ohio] couldn't happen here.” These remarks should be of great concern to Canadians, because we see the volume of dangerous goods shipped by rail increasing every year.
I mentioned in my question to my colleague across the way a moment ago the work of the transport committee, on which both he and I sit. That committee, in May, released a report with 33 recommendations, and I am somewhat disappointed to see that this bill does not address any of them. One of our big concerns when it comes to rail safety is the use of something called safety management systems. This was brought in, I believe in the 1990s, under a Liberal government. Prior to that, there was a much more conventional approach to the regulation of the rail sector and the use of enforcement to do so. Safety management systems are really a form of self-regulation by the companies themselves.
This has been a concern for a number of watchdogs that keep track of changes in the rail sector. Since the Transportation Safety Board has kept a watch-list, this is a set of issues that are of concern and that Canadians should be watching when it comes to safety.
The Transportation Safety Board states, “operators that have implemented a formal safety management system (SMS) are not always able to demonstrate that it is working and producing the expected safety improvements.” I will also note some words from the Auditor General of Canada:
...Transport Canada was unable to show whether departmental oversight activities have contributed to improved rail safety. In addition, the department did not assess the effectiveness of the railways’ safety management systems—despite the many reports over the last 14 years recommending that Transport Canada audit and assess these systems.
The picture I am trying to paint is one in which the government has largely allowed these multi-billion dollar rail companies to look after their own safety, and the oversight of them has been sorely lacking. Particularly on the anniversary of the worst rail disaster in 150 years, Canadians should be concerned about that.
Bill C-33 does contain one small change giving the minister the ability to require companies to address deficiencies in their safety management systems. However, this is a discretionary power given to the minister and really relies on his or her willingness to use that power. At the very least, safety management systems should be made public. Currently, they are proprietary systems owned by companies and not open to public scrutiny.
Bruce Campbell, a rail safety expert who wrote a book on Lac-Mégantic and who has been looking into these issues for years, says, “Transport Canada must ensure that [safety management systems] are part and parcel of an effective, adequately financed, comprehensive system of regulatory oversight: [one-site] inspection, surveillance and enforcement supported by sufficient, appropriately trained staff.” He goes on to say that SMS, currently protected under commercial confidentiality, should be accessible to outside scrutiny. We would very much like to see the government make safety management systems public so that the public can see what railway companies are doing to ensure the safety of their communities.
It is incredible that small rural communities, like many in the riding I represent, are responsible for protecting their residents from potential disasters involving these multi-billion dollar rail companies that are shipping dangerous goods within metres of residents' houses. Many of these communities rely on small volunteer fire departments. They have limited equipment and capacity, yet we see hundreds of railcars with extremely volatile compounds being shipped right through communities every single day. It boggles the mind that the responsibility for responding to emergencies rests—
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Madam Speaker, I see the legislation as representing two opportunities. One is an opportunity to make the supply chain more resilient, more efficient and more competitive. The other opportunity is to ensure that the impacts of the supply chain on people in communities are managed properly and mitigated wherever possible.
On the former point, the bill would move things ahead through things like data sharing, changes to port security and the scrutiny of cargo coming in, trying to reduce bottlenecks, giving the minister more discretionary powers to unstick things when there is congestion in the supply chain and giving port authorities more tools to realize opportunities. All that is relatively positive, and we can get behind them.
However, the real missed opportunity is on the latter point, which is dealing with the long-known impacts of rail traffic and shipping traffic on communities. This is where I believe the member's government has not gone far enough, and we hope that future legislation and amendments will take care of that.
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Uqaqtittiji, I have heard both the Minister of Northern Affairs and other Liberal members of Parliament speak to this bill. Unfortunately, what I have not heard from them is the impacts of climate change on the opening of the Northwest Passage and how that could deeply impact the opening of communities in my region in the Arctic.
I am saddened to see that the bill does not have more about ensuring that the Arctic would also be covered in the efforts toward the supply chain for efficiency, resilience, security and safety. I wonder if the member agrees that we need to ensure that there is better investment so that the Arctic could be covered in this aspect as well.
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- Sep/21/23 5:43:55 p.m.
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Madam Speaker, I have been talking to the minister about the new insurance program that is being conceived. I look forward to seeing the details on that when it comes out, hopefully later this fall. I am also glad that the member mentioned earthquake insurance. It is not related to climate change obviously, but it is something that is of deep concern in coastal British Columbia.
However, it is clear that we really must recognize the devastating impacts of climate change on the lives of Canadians. To reduce the human and financial costs of these extreme weather events, we must make bolder investments to reduce our emissions and to prepare our homes, businesses and communities for future challenges. Over the coming years, these investments will save 10 times their cost in avoided damage and loss of personal property and will also allow us to live longer, healthier lives.
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