Part 5 – Division 1
Questions & Answers
Building High-Speed Rail Faster
Declare the Railways Constructed for the High-Speed Rail Network for the General Advantage of Canada
Q: What does it mean to declare the railways constructed for the high-speed rail network for the "general advantage of Canada"?
A: This declaration utilizes Parliament’s constitutional powers under section 92(10)(c) of the Constitution Act, 1867. It establishes federal jurisdiction over the railways constructed for the high-speed rail network, including segments that may fall entirely within a single province. This provides clarity that the initiative is within federal jurisdiction and that Parliament can legislate with respect to it, ensuring federal oversight and implementation of the initiative.
Q: Why is this declaration necessary if the railway already spans multiple provinces?
A: While federal jurisdiction over interprovincial railways is clear, the declaration removes any uncertainty about federal authority for segments located wholly within a province. This minimizes the risk of jurisdictional challenges.
Q: Does this declaration mean provincial laws no longer apply?
A: No, provincial laws of general application may still apply to the initiative. For example, provincial occupational health and safety legislation would generally apply to those contractors working on the high-speed rail network who normally fall under provincial jurisdiction while the Canada Labour Code would be applicable to federally regulated workers, such as employees of Alto. Each provincial law must be analysed individually to determine whether it applies to the initiative. The declaration does not override the need for intergovernmental cooperation. Rather, it signals federal leadership for a national priority initiative while respecting provincial authorities.
Q: What risks are associated with not making this declaration?
A: Without the declaration:
- Federal jurisdiction over railway works between certain intra provincial city-pairs could be questioned, leading to potential legal challenges;
- The initiative could face significant delays, increased costs, and reputational impacts; and
- Important relationships and cooperation with provincial governments might be strained due to perceived jurisdictional ambiguities.
Q: Are there precedents for such a declaration?
A: Yes, precedents include: section 16 of the CN Commercialization Act, which declared CN’s railway and transportation works to be for the general advantage of Canada.
Q: Why not rely on existing constitutional powers without this declaration?
A: The purpose of this declaration is to provide absolute clarity and certainty for Canadians. It mitigates risks of litigation or delays by pre-emptively addressing any residual jurisdictional doubts, especially for intra-provincial segments.