BILL C-33 STRENGTHENING THE PORT SYSTEM AND RAILWAY SAFETY IN CANADA

KEY MESSAGES

  • Canada’s transportation system is the backbone of the Canadian economy, and is responsible for the safe, secure, and efficient movement of goods and resources. The efficiency and resiliency of our transportation network is integral to ensuring the competitiveness of the system and maintaining affordability of goods for Canadians.

  • The Government of Canada recognizes that action is needed to support an efficient, secure and resilient transportation network to ensure Canada’s ongoing prosperity.

  • With respect to Canada’s strategic Canada Port Authorities (ports), Bill C-33 would:
    • Optimize traffic management, including anchorages, and ease congestion by facilitating investment into inland facilities within ports;
    • Establish structured relationships between ports and Indigenous and local communities to foster ongoing dialogue and inform decision making;
    • Better integrate environmental considerations into port planning and decision-making and enhance transparency;
    • Provide clarity and predictability to attract critical port investment; and
    • Improve customs activities by reducing delays, lowering costs, while enhancing security.

  • By modernizing Canada’s marine security framework with new legislative tools and enforcement authorities, Bill C-33 would support the continued resilience of the marine transportation system.  

  • The goal of the proposed changes to the Railway Safety Act is to modernize how we oversee railway safety and security and address emerging challenges. These changes would give rail companies new tools that would help them stay competitive, efficient, and sustainable, and make Canada’s supply chains more resilient and secure.

  • The department is committed to ensuring safety and security while engaging in a more meaningful dialogue with Canadians and adapting to their future needs.

  • With respect to rail safety and security, Bill C-33 amendments would:
    • Provide additional transparency around the rule-making process by allowing the Minister to consult with any relevant party in relation to a proposed rule. This allows for greater engagement with non-railway-related parties, such as Indigenous Peoples.
    • Improve the flexibility and efficiency of the regulatory regime and support the resiliency of the supply chain, the amendments provide two new tools to ensure compliance with the Railway Safety Act and the rules and regulations made thereunder: compliance agreements and assurances of compliance. 
    • Provide modernized governance tools and expedite operational approvals for industry, the amendments equip the Minister with additional tools to assess exemption requests, address associated concerns, and modify existing exemptions.
    • Ensure that a review of the Railway Safety Act is initiated on a regular basis to ensure it is functioning adequately and is aligned with the evolving landscape of the rail industry.
    • Set a broad definition of “safety” to include “security” throughout the Railway Safety Act.
    • Add prohibitions related to unruly or dangerous behaviour on-board trains or at stations, and unlawful interferences with railway operations such as tampering with tracks, equipment, or signals.
    • Provide for authorities to require railway companies to create security management systems and allow the Minister to take corrective measures for deficiencies meeting security requirements. 
    • Create the authority for the Minister to grant, cancel and suspend transportation security clearances.

  • Following the tabling of Bill C-33, Transport Canada officials met individually with representatives of Inuit Tapiriit Kanatami, Assembly of First Nations, and Métis National Council to provide an overview of the proposed rail legislative amendments.
  • Furthermore, Bill C-33 would strengthen rail safety and security as well as the multimodal transportation of dangerous goods sector, which underpins key industries of national interest, including energy, critical mineral extraction, and agriculture. To this end, modernized legislative frameworks in these domains would contribute to ensuring an efficient and effective transportation continuum and, in turn, the prosperity of Canadians.

  • Legislative changes would also allow Transport Canada to continue addressing the recommendations stemming from audits of the Rail Safety and Transportation of Dangerous Goods Programs.