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VIA Rail becomes standalone Crown corporation

Full Title: An Act to continue VIA Rail Canada Inc. under the name VIA Rail Canada and to make consequential amendments to other Acts

Summary#

This bill turns VIA Rail Canada Inc. into a stand‑alone statutory Crown corporation called VIA Rail Canada and sets its mandate in law. It requires VIA to run passenger rail service on a list of routes in a schedule and updates several federal laws to reflect the new status and name. It also sets governance rules for the board and CEO, fixes the head office, and requires a 5‑year legislative review.

  • Sets a clear mandate to provide safe, efficient, reliable public passenger rail and to improve connectivity and environmental performance (Mandate).
  • Requires VIA to operate service on specific routes listed in the Schedule; Cabinet can add or remove routes by regulation (Mandatory routes; Schedule).
  • Lets VIA use excess equipment and facilities for related commercial purposes to reduce reliance on federal payments (Mandate, s. (2)).
  • Establishes a board of up to 15 directors; the Chair and CEO are appointed by Cabinet; other directors by the Minister with Cabinet approval (Board of Directors).
  • States VIA is not an agent of the Crown; continues as a Part X Crown corporation under the Financial Administration Act (Not an agent of Her Majesty; Charter).
  • Requires a review of the Act every 5 years and a report to Parliament within 1 year of each review (Review and Report).

What it means for you#

  • Households and passengers

    • Service is legally required on the listed routes, such as Toronto–Vancouver, Winnipeg–Churchill, and Montréal–Halifax, unless Cabinet changes the list (Schedule; Mandatory routes).
    • The law directs VIA to improve connections with other public transit providers, which may make transfers easier over time, but it does not set specific schedules or fares (Mandate).
    • The Act does not guarantee service frequency or on‑time performance standards; it only requires that service operate on the listed routes (Schedule; Mandate).
  • Communities on listed routes

    • Remote and regional routes in the Schedule receive a statutory service requirement, creating a legal floor for continued service on those lines (Schedule; Mandatory routes).
    • Cabinet can amend the route list by regulation, so route protection can be changed without new legislation (Schedule, s. (2)).
  • VIA Rail employees and leadership

    • Current directors, the chairperson, and the CEO continue in their roles until their terms end; bylaws continue if consistent with the Act (Transitional Provisions).
    • Day‑to‑day operations remain the CEO’s responsibility; the board provides oversight as set out in the Act (Board of Directors; Role of chief executive officer; Role of chairperson).
  • Businesses and suppliers

    • Contracts are with VIA Rail Canada, a non‑agent Crown corporation; the Access to Information Act and other statutes are updated to the new name (Not an agent of Her Majesty; Access to Information Act amendment).
    • VIA may pursue ancillary commercial use of excess assets, which could create new procurement or leasing opportunities tied to its mandate (Mandate, s. (2)).
  • Local governments

    • VIA remains listed for payments in lieu of taxes; the law updates the name in the Payments in Lieu of Taxes Act schedules (Payments in Lieu of Taxes Act amendment).
    • The head office is set in Montréal, but Cabinet may move it to another Canadian city by order (Head office).

Expenses#

Estimated net cost: Data unavailable.

  • No explicit appropriations, taxes, or fees are created in the bill text (Entire bill).
  • The bill allows ancillary commercial activities “with a view to reducing the need for payments… out of the Consolidated Revenue Fund,” but sets no funding levels (Mandate, s. (2)).
  • Operating and capital costs tied to maintaining service on the scheduled routes are not specified (Schedule; Mandatory routes). Data unavailable.
  • Administrative costs for the recurring 5‑year reviews and reports are not estimated (Review and Report). Data unavailable.

Proponents' View#

  • Provides a stable legislative framework and mandate for national passenger rail, supporting long‑term planning and performance expectations (Preamble; Mandate).
  • Protects key national and regional routes by requiring service on the listed lines, reducing the risk of sudden discontinuation (Mandatory routes; Schedule).
  • Encourages environmental benefits by directing VIA to use “innovative concepts” for a modern service that contributes to sustainability (Mandate, para. (b)).
  • Improves system connectivity by requiring cooperation with other public passenger service providers (Mandate, para. (c)).
  • Enhances governance clarity with defined board size, appointment powers, and leadership roles (Board of Directors; Role of chairperson; Role of chief executive officer).
  • Builds accountability through mandatory 5‑year reviews and reports to Parliament (Review and Report).

Opponents' View#

  • Imposes a service requirement on all scheduled routes without setting funding or cost controls, creating a potential unfunded mandate (Mandatory routes; Schedule; no appropriations in bill).
  • Some scheduled routes may depend on track access and agreements with other railway companies; the bill does not grant track ownership or specify access terms, creating implementation risk (Canada Transportation Act s. 144.1 as amended).
  • Cabinet can add or remove routes by regulation, so route guarantees can be changed without a full parliamentary process, which may reduce stability (Schedule, s. (2)).
  • Declaring VIA “not an agent of Her Majesty” could blur accountability for liabilities between the government and the corporation, depending on how contracts and disputes arise (Not an agent of Her Majesty).
  • The Act sets broad goals (safety, efficiency, sustainability) but includes no measurable targets or timelines, making outcomes hard to assess (Mandate).

Timeline

Feb 7, 2022 • House

First reading

Infrastructure
Climate and Environment