TOPIC
Passenger Rail Service – VIA Rail Canada Inc. Incident on August 31, 2024
DATE AND TIME
Thursday, October 10, 2024 (3:30 p.m. to 5:30 p.m.)
LOCATION
West Block, Room 125-B
OVERVIEW
TRAN began its study on the VIA Rail Incident that occurred on August 31, 2024 at its meeting on September 19, 2024. For the third and final meeting on this study, the Committee has requested that the Minister of Transport and senior TC officials appear to answer questions.
MOTION
The motion to initiate this study was adopted by the committee on September 6, 2024. The motion was moved by MP Philip Lawrence (CPC, Northumberland – Peterborough South), the current CPC Shadow Minister for Transport. The text of the motion can be found below.
Given that,
Over Labour Day weekend, passengers on VIA Rail Canada Inc. train 622 from Montreal to Quebec City were stuck for 10 hours with little communication from VIA Rail Canada Inc., limited food and water, and even a period of no electricity, washrooms or air conditioning, this committee dedicate three meetings to investigate this incident starting the week of Monday, September 16, 2024, and hear from:
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Department of Transport officials for no less than two hours;
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VIA Rail Canada Inc. leadership, including the Chief Executive Officer of VIA Rail Canada Inc., for no less than two hours;
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Passengers that were on that train;
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The Minister of Transport and Quebec Lieutenant Pablo Rodriguez for no less than two hours by himself, and
That this committee request the letter the minister sent to VIA Rail Canada Inc. as reported in the media.
WITNESSES TO APPEAR
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The Honourable Anita Anand, President of the Treasury Board and Minister of Transport
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Arun Thangaraj, Deputy Minister, Transport Canada
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Lisa Setlakwe, Assistant Deputy Minister, Safety and Security, Transport Canada
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Craig Hutton, Associate Assistant Deputy Minister, Policy, Transport Canada
PARLIAMENTARY ANALYSIS – HOUSE OF COMMONS
TRAN Study: Passenger Rail Service – VIA Rail Canada Inc. Incident on August 31, 2024
The previous two meetings on this study took place on September 19, 2024 and October 3, 2024. Witnesses included executives from VIA Rail Canada, including President and Chief Executive Officer Mario Péloquin, Cedryk Coderre (a passenger who provided first-hand testimony of his experience), and representatives from Unifor, who represented the VIA Rail employees onboard the train.
Over the course of the study, questions have generally focused on issues including the adequacy of VIA Rail’s response to the incident, the need for VIA Rail to implement changes to its emergency response plans and protocols, changes VIA Rail had made to these protocols following a similar incident which occurred near Cobourg in December 2022, the frequency of communication between the Minister of Transport, officials from the Department of Transport, and VIA Rail officials in managing prolonged delays affecting Canada’s passenger rail systems, the previous Minister of Transport’s perceived lack of urgency in responding to the incident, the quality of training VIA Rail provides to its employees, the quality of food, refreshments, and communication provided to passengers over the course of the delay, the extent to which VIA Rail consults with labour unions in the aftermath of long delays, and the compensation VIA Rail provided to passengers affected by the incident.
At their appearance, officials from VIA Rail Canada took accountability for the incident, calling the length of the delay unacceptable. CEO Mario Péloquin confirmed that VIA Rail has commissioned an independent investigation into the incident and will conduct a review of their emergency management action plan. He spoke to several corrective measures that have been initiated to immediately improve the quality of VIA Rail services, including the development of a possible evacuation procedure of trains experiencing breakdowns in the Quebec City-Windsor corridor, a review of training requirements for VIA Rail employees, a revision of VIA Rail’s communications protocols with Transport Canada officials, and an assessment of their fleet operating in the Quebec City-Windsor corridor. He also confirmed that he spoke directly with officials from Transport Canada on the day of the incident and with the previous Minister of Transport on the Tuesday following the incident.
Appearing officials can expect to receive questions on Transport Canada’s mandate regarding delays affecting Canada’s passenger transit systems, communication between VIA Rail and Transport Canada following the incident, the appointment of a new Minister of Transport, the frequency of VIA Rail train delays, the extent to which Transport Canada has monitored the implementation of changes to VIA Rail’s protocols following the incident near Cobourg in 2022, work being done by the Department of Transport to ensure that the wellbeing of passengers onboard Canadian rail systems is prioritized, and the committee’s request that the Minister of Transport appear before the committee to discuss the Main Estimates and Budget 2024.
A hearing on a similar topic took place in January 2023. On January 9, 2023, the TRAN committee convened a special meeting and adopted the following motion regarding travel disruptions during the Christmas 2022 season:
That, pursuant to Standing Order 108(2), the committee commit to undertake special meetings to study the travel disruptions that occurred during the December 2022 -January 2023 holiday period with a view of understanding why the disruptions occurred, holding those responsible accountable and identifying what actions are being taken to avoid a recurrence of the problems in the future; that, as part of the study, air passenger advocates, affected travellers, Sunwing, Air Canada, and WestJet, the Toronto, Montreal and Vancouver airport authorities, Via Rail and CN rail, the Canadian Transportation Agency, Transport Canada and the Minister of Transport be invited to testify; and that, in consultation with the committee members, the Chair be empowered to coordinate the resources and scheduling necessary to hold the first special meeting on Thursday, January 12, 2023, and that the testimony recorded at the special meeting become part of the committee’s ongoing study of air passenger protection regulations.
As part of this study, former Minister Omar Alghabra appeared on January 12, 2023 alongside Transport Canada officials and VIA Rail Canada executives appeared on January 26, 2023.
Previous TRAN reports:
Since the start of the 44th Parliament, the TRAN committee has adopted several reports relating to Canada’s rail systems and the wellbeing of Canadian travelers more generally.
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Report 5: Railway Safety and the Effects of Railway Operations on the Surrounding Communities in Which They Operate
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Report 18: Issues and Opportunities: High Frequency Rail in the Toronto to Quebec City Corridor
Previous TRAN Follow-up:
At the April 20, 2023 meeting on the Mains and Supplementary Estimates (C) 2022-23, officials from Transport Canada committed to providing information in response to a question from NDP Transport critic, Taylor Bachrach, regarding the last assessment and approval of the Emergency Response Assistance Plan (ERAP) in Smithers, British Columbia.
Upcoming TRAN studies:
The committee has adopted motions to undertake future studies on the regulation of recreation boating on Canada’s waterways, safety concerns related to the operation of small towing vessels on Canada’s west coast, and the role of the transportation sector on the tourism industry in Canada. These studies are slated to begin in the Fall 2024. The committee recently adopted a motion for the production of papers requesting information about environmental contamination at a Transport Canada operated dock.
TRAN also presented its complete HFR report to the House on September 17, 2024, requesting a Government Response. TRAN is also expected to spend time in consideration of its draft reports on the Accessible Transportation for Persons with Disabilities and State of Airline Competition in Canada studies in the fall 2024 sitting.
MP Taylor Bachrach’s Private Member’s Bill: C-371 (2023)
On December 13, 2023, NDP Transport critic, Taylor Bachrach (NDP, Skeena–Bulkley Valley, BC), introduced Bill C-371, An Act to amend the Canada Transportation Act (passenger rail service). MP Bachrach has already selected a bill to put forward during this Parliament, therefore this bill will not have the opportunity to be debated before the next election. During introduction, MP Bachrach stated the following: “As many in this chamber know, Canada lags behind much of the world when it comes to passenger rail. One of the key reasons for that is because passenger trains in Canada frequently have to pull off and make way for freight trains. This results in poor on-time performance. This bill would amend the Canada Transportation Act to give passenger trains in Canada priority on the tracks, just as federal law does in the United States and as was recently recommended by the CEO of VIA Rail. Canada has the opportunity to seize the full potential of safe, convenient, climate-friendly passenger rail in this country.
NOTE: While there was no debate on this bill, MP Bachrach, undertook cross-country travel by rain to raise awareness of his initiative. The bill is meant to respond to concerns about the on-time performance of Canada’s passenger trains.
MP Taylor Bachrach’s Private Member’s Bill: C-327 (2023)
On March 20, 2023, MP Taylor Bachrach (NDP, Skeena–Bulkley Valley, BC) introduced Bill C-327, An Act to amend the Canada Transportation Act (air passenger protection). MP Bachrach has already selected a bill to put forward during this Parliament, therefore this bill will not have the opportunity to be debated before the next election. During introduction, MP Bachrach stated the following: “My bill would do four key things. First of all, it would close a loophole in the Canada Transportation Act that airlines have been using to deny passengers the compensation they are due. It would make compensation automatic. It would shift the burden of proof off passengers and squarely onto the airlines themselves. Finally, it would increase the financial penalties for non-compliance. Most importantly, this bill would bring Canada's air passenger protection regime up to the standards set by the European Union, finally and for all time moving forward.”
NOTE: No debate has taken place on this bill, however, based on the content it is possible that MP Bachrach could raise related issues such as a passenger bill of rights for train passengers, comparable to that of air travellers.
MP Elizabeth May’s Private Member’s Bill: C-236 (2022)
On February 7, 2022, MP Elizabeth May (Green Party, Saanich–Gulf Islands, BC) introduced Bill C-236, An Act to continue VIA Rail Canada Inc. under the name VIA Rail Canada and to make consequential amendments to other Acts. MP May has already selected a bill to put forward during this Parliament, therefore this bill will not have the opportunity to be debated before the next election. During introduction, MP May stated the following: “We need to give VIA Rail a legislated mandate so that parts of it cannot be carved up and given away to private tourism enterprises. As a modern, industrialized, low-carbon country, we need to meet the expectations of the National Inquiry into Missing and Murdered Indigenous Women and Girls. We urgently need better bus service as well. We urgently need VIA Rail to provide passenger rail service, reliably and affordably, coast to coast.”
NOTE: No debate has taken place on this bill, however, based on the content it is possible that MPs could raise related issues such reliable, affordable rail service across the country.
Questions, Statements, and Debates in the House
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Question Period:
February 3, 2023 - Michael Kram (Regina – Wascana, SK, CPC)
Question: Madam Speaker, on December 3, CTV ran a story with the following headline “Transport minister confident in a smooth holiday air travel season”. However, as we all know, the chaos that Canadians experienced at airports last summer was repeated in December and January, with Canadians stranded at airports for days on end.
After eight years, what exactly is the Liberal government doing to prevent air travel chaos?
Response: Madam Speaker, our government understands how the delays and cancellations this holiday season were extremely frustrating for travellers. We expect all airlines to communicate with passengers and keep them informed of delays or cancellations.
We are always looking at ways to strengthen rights for passengers, and we will continue to ensure these rights are protected and that the Canadian Transportation Agency has the resources it needs to enforce these rights. As the minister, who was before us at the transport committee, committed to, we are looking to strengthen air passenger rights. We will continue to make sure that Canadians have a smooth-“.
September 25, 2023 - Taylor Bachrach (Skeena–Bulkley Valley, BC, NDP)
Question: Mr. Speaker, there is now a backlog of over 57,000 air passenger complaints before the Canadian Transportation Agency. Canadian travellers have had their lives upended. Many are out thousands of dollars. For those who have managed to navigate a complex complaint process, they are having to wait well over a year to have their complaints heard.
The government is on its third attempt to fix this debacle. Will the minister apologize to Canadian travellers for failing so utterly to stand up to the big airlines?
Response: Mr. Speaker, our government was the first to protect the rights of travellers, and we will make our passenger rights regime ever stronger by making compensation mandatory for disruptions, putting the onus on airlines, not passengers, and ensuring an improved standard level of service during any disruption. We have also invested in the Canadian Transportation Agency so it can resolve cases faster. It will be much faster.
March 19, 2024 – (Taylor Bachrach, Skeena–Bulkley Valley, BC, NDP)
Question: Mr. Speaker, this past weekend, Flair cancelled one of its flights back to Canada and left over 100 passengers in another country: no communication with them, no food provided and no re-booking on other airlines. They had to find their own way back to this country.
If this sounds like déjà vu, it is because the exact same thing happened two years ago and the Liberals promised to stand up to the big airline CEOs.
To the Minister, will he tell these passengers why his supposedly new and improved air passenger rights let them down so badly?
Response: Mr. Speaker, we will always stand up for Canadians and always stand up for passengers’ rights. There was nothing before we came in. We are in touch with Flair and with other airline companies to see what we can do.
We will always side with our air passengers.
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Related Written Questions:
Q-1612 — Taylor Bachrach (Skeena—Bulkley Valley, BC, NDP) — With regard to VIA Rail’s passenger service: what was the operating revenue and the operating costs for each year between 2018 and 2022 for (i) the Toronto—Quebec City corridor, (ii) each VIA Rail passenger service route outside of the Toronto-Quebec City corridor?
Q-2742 – Mark Strahl (Chilliwack-Hope, BC, CPC) — With regard to the High Frequency Rail project and the options analyzed by CPCS Transcom Limited (CPCS) and WSP Global Inc. (WSP), to enhance passenger rail service in Southwestern Ontario: (a) on what date was the analysis provided to the Minister of Transport; (b) what are the details of the findings of the analysis; (c) on what date will the findings be made available on the government’s website; and (d) how much did the government pay CPCS and WSP for these analyses?
Q-583 – Philip Lawrence (Northumberland-Peterborough South, ON, CPC) – With regard to VIA Rail's morning commuter service: when will train 651 between Kingston and Toronto (including stops in Coburg and Port Hope), be reinstated and begin operating again?
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Petitions:
Annex A - Rounds of questioning
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Five minutes are allotted for the opening statement.
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Questioning of witnesses:
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First round: six minutes for the first questioner of each party as follows: Conservative Party, Liberal Party, Bloc Québécois, New Democratic Party.
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For the second, and subsequent rounds, the order and time for questioning is as follows:
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Conservative Party, five minutes
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Liberal Party, five minutes
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Bloc Québécois, two and a half (2.5) minutes
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New Democratic Party, two and a half (2.5) minutes
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The total time allocated per round of questioning includes the member’s questions and the witness’ responses. There is no time limit on responses from witnesses; however, succinct answers are preferred.
Annex B – About TRAN
The Standing Committee on Transport, Infrastructure and Communities (TRAN) was reconvened on December 16, 2021, following the opening of the 44th Parliament.
The committee can study any aspect of the management and operations of Transport Canada and Infrastructure Canada, as well as any legislation, programs or policy areas administered by the Minister of Transport and the Minister of Infrastructure. Recent studies have focused on issues such as accessible transportation, high frequency rail, and competition between airlines in Canada. The committee also undertook an extensive study of Bill C-33, Strengthening the Port System and Railway Safety in Canada Act, spanning 15 meetings in Fall 2023.
The scope of issues related to transport, infrastructure and communities is quite broad and includes:
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federal programs and policies for air, rail, road and marine transportation;
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federal infrastructure funding such as the New Building Canada Fund, and the Gateways and Border Crossing Fund;
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Crown corporations (e.g., VIA Rail Canada Inc., pilotage authorities and the Jacques Cartier and Champlain Bridges Incorporated), administrative tribunals and agencies (i.e., Transportation Appeal Tribunal and the Canadian Transportation Agency), and shared governance organizations (e.g., port and airport authorities) within the Transport and Infrastructure ministers’ portfolios; and
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a range of issues affecting productivity and quality of life in Canadian cities and communities (e.g., traffic congestion and community infrastructure).
Annex C – TRAN Committee Membership
Please see attached separate document.