Hon. Terry M. Mercer:

Honourable senators, I am pleased to rise today at third reading of Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, as amended.

We all know that safety should be the upper most concern for any industry; and the railways are no exception. This bill achieves a well balanced approach to improving the safety of Canadians. What strikes me is the level of cooperation that has gone into getting to where we are today. Stakeholders from industry, like the Railway Association of Canada and CN Rail; the labour force, like Teamsters Canada; and the Department of Transport have all worked towards this common goal. I applaud their efforts. The process has been quite thorough and lengthy — from February 2007 until now. However, the Minister's Advisory Panel's 56 recommendations and the additional 14 recommendations provided by the Standing Committee on Transport, Infrastructure and Communities of the House of Commons have resulted in a good bill.

The Standing Senate Committee on Transport and Communications heard from many witnesses, all of whom support the bill's intent and some of whom wanted to see changes. However, I believe that all stakeholders involved in rail safety agree that the bill will accomplish what it sets out to do; and I agree.

Honourable senators, as I stated in my remarks at second reading, mechanical failures, unsafe employee practices and bad management could result in tragedy. We have a duty to ensure that rules, regulations and best practices exist in order to prevent such tragedies. How does the bill do this? Quite simply, as we have gone through an extensive review of the merits of this bill already, it requires all companies to: obtain a safety-based railway operating certificate indicating compliance with regulatory requirements for safety; apply and maintain a proper safety management system, which includes a dedicated executive who would be accountable for safety; and adhere to proper safety rules and regulations or face increased administrative and judicial fines. There is also the provision in the bill to protect whistle-blowers who should be able to report wrongdoings without fear of repercussion.

I mention that again because I believe it is one of the most powerful tools anyone should have in order to enhance safety. Since such a process already exists at Transport Canada, I thank Senator Eaton for moving the amendment that makes this clause more effective.

Honourable senators, we often ask ourselves in this place: Could this bill be better? Some would argue no, as my honourable colleague did so well just the other day. However, I would like to highlight one concern that the bill does not address. While realizing that future development around or near railways lies within provincial and/or municipal jurisdiction, it should still be incumbent upon the federal government to ensure that everyone is at the table.

A report was issued by the Transportation Safety Board of Canada concerning a CP Railway freight train derailment in September 2010. This accident damaged 500 feet of track and caused minor injuries in a small spill of dangerous goods. A review of the report reminds us that the minister's independent advisory panel from 2007 indicated that municipalities and landowners, including the railways, should consult during the design and planning stages for land use and non-railway works near railway lines.

In fact, the advisory panel recommended that:

The Railway Safety Act should be amended to require the developer and municipalities to engage in a process of consultation with railway companies prior to any decision respecting land use that may affect railway safety.

The report also indicates that the issue of new development near railways is a multi-jurisdictional challenge since land-use planning and development is both a provincial and a municipal responsibility, while the major railways and their right-of-ways are federally regulated. As Transport Canada maintains it has limited authority to follow through on the intent of the recommendation, it did not pursue this as a legislative amendment to the Railway Safety Act.

While recognizing this — and, indeed, Senator Eaton did point this out — I would implore the department to consider how it could facilitate better cooperation between all levels of government when it comes to railways and safety.

As we saw in the makeup of the advisory panel, the cooperation among all stakeholders resulted in where we are today. I see no reason why we cannot also expect and demand the same level of cooperation from all three levels of government not only for land surrounding railways, but also for new crossing development and the shutting down of old crossings as well. Indeed, work is currently under way in this regard and I encourage more of it.

Lastly, honourable senators, I would like to thank all of those involved in getting the bill to this stage, especially Senator Eaton in her diligence. I would also like to thank all the witnesses who appeared before the committee in order to lend their views on the bill.

I encourage good debate on the merits of the bill in the other place as the bill moves to its next stages.

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