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Ports and Rail Get Tougher Safety Rules

Full Title: An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

Summary#

This bill changes several transport laws to improve safety and security at ports, on railways, and for dangerous goods. It gives the federal transport minister and agencies more tools to inspect, order fixes, set penalties, and manage risks. It also adds new planning, reporting, and community engagement duties for port authorities, including climate plans. Many details will be set later by regulations and orders in council.

  • Importers must make goods available for customs checks, including delivery to secure areas on request (Customs Act, new requirements).
  • Rail companies face new security duties, stronger penalties, and possible security clearances; unruly or dangerous behaviour on trains or in stations is banned (Railway Safety Act, new offences and orders).
  • Anyone who handles dangerous goods must register; a new administrative monetary penalty (AMP) regime applies (Transportation of Dangerous Goods Act, 1992, new registration and AMPs).
  • The transport minister can issue interim orders and emergency directions for marine security; penalties increase; 14‑day anchorage limits apply in a defined B.C. area (Marine Transportation Security Act, new powers and Schedule).
  • Port authorities get new roles in traffic management, must create advisory committees with Indigenous representation, and must file climate plans and reports; thermal coal loading is to be banned by regulation no later than December 31, 2030 (Canada Marine Act, new duties and regulation powers).
  • Certain port‑related mergers must be reported at a lower threshold of CAD $10,000,000; the minister may use automated systems and remote entry for compliance work (Canada Transportation Act, s.53.1 and new tech provisions).

What it means for you#

  • Households (near ports and rail lines)

    • Less unruly behaviour at stations and on trains due to new prohibitions and enforcement (Railway Safety Act, “Unruly or dangerous behaviour” offence).
    • Potential reduction in long‑term anchoring near Southern Strait of Georgia communities; vessels anchored over 14 days must leave the defined area (Marine Transportation Security Act, s.16 and Schedule).
    • Port authorities must consult local communities and publish summaries twice a year through advisory committees that include local Indigenous representatives (Canada Marine Act, s.33.1).
  • Workers (rail, port, marine, dangerous goods)

    • Possible need for transportation security clearances in rail settings; the minister may grant, refuse, suspend, or cancel clearances (Railway Safety Act, “Transportation Security Clearance”).
    • Screening officers and marine personnel face higher penalties for violations and can be suspended for security risks (Marine Transportation Security Act, ss.19.2, 20, 25).
    • For a coming thermal coal ban, the government must consult unions on worker protections such as alternative opportunities and pension bridging (Canada Marine Act, s.62(1.2)).
  • Businesses (importers, shippers, railways, marine operators, dangerous‑goods firms)

    • Importers must deliver goods to secure areas for customs exams when asked, on timelines set by regulation (Customs Act, “Secure area” requirement).
    • Anyone importing, offering for transport, handling, or transporting dangerous goods must register; firms making or servicing containers for dangerous goods must hold certificates of registration (Transportation of Dangerous Goods Act, 1992, ss.6.11, 6.2).
    • New AMPs apply for dangerous‑goods violations; maximums are $50,000 for individuals and $250,000 for organizations per violation, with due diligence as a defence (TDG Act, s.32.11(b), s.32.17(6)).
    • Rail companies must maintain security management systems; the minister can order corrective measures and strengthen penalties for non‑compliance (Railway Safety Act, s.32 updates; s.47.1(1.1)).
    • Marine operators face interim orders and emergency directions that can override regulations for up to 72 hours; penalties up to $1,000,000 (individual) and $2,000,000 (corporation) apply (Marine Transportation Security Act, ss.6.1, 17.4, 9, 11).
    • Vessels in the Southern Strait of Georgia area must move after 14 days at anchor; operators and vessels can be fined if they fail to comply after notice (Marine Transportation Security Act, s.16(1.1), s.17).
    • Port‑related transactions over CAD $10,000,000 must be notified to the Transport Minister and Competition Bureau (Canada Transportation Act, s.53.1(1.1)); this may add timelines and information requests.
    • Port authorities may face new fees, information‑sharing duties, and regulations governing marine traffic, mooring, anchorage, and activities of moored/anchored vessels (Canada Marine Act, s.62(1)(a.1), (a.2), (d.2)).
  • Local governments and Indigenous communities

    • Guaranteed seats in port advisory committees and regular consultations; port land‑use planning must be posted with public input windows (Canada Marine Act, ss.33.1, 48(4)-(7)).
    • Port business plans, quarterly financial reports, and annual reports on climate plans must be published (Canada Marine Act, ss.37.1, 39, 43.1–43.4).
  • Service users (rail passengers, port users)

    • Stronger rules against dangerous or unruly passenger behaviour; inspectors and officers gain clearer powers to enforce (Railway Safety Act, new prohibitions; enforcement updates).
    • Possible new port fees and operational rules as authorities manage traffic and security risks (Canada Marine Act, s.62; Marine Transportation Security Act, s.5(3)).

Expenses#

Estimated net cost: Data unavailable.

  • No direct appropriations are specified in the bill text. Many measures rely on future regulations and ministerial orders. Compliance and enforcement will require departmental resources (Data unavailable).
  • The bill authorizes or increases fees and penalties; these are potential revenues, not estimated in public documents (Data unavailable).
ItemAmountFrequencySource
TDG administrative monetary penalty (individual)Up to $50,000Per violationTransportation of Dangerous Goods Act, 1992, s.32.11(b)(i)
TDG administrative monetary penalty (organization)Up to $250,000Per violationTDG Act, s.32.11(b)(ii)
Marine security offence fine (individual)Up to $1,000,000Per offence (indictable); lower on summaryMarine Transportation Security Act, ss.5(4), 9, 11
Marine security offence fine (corporation)Up to $2,000,000Per offence (indictable); lower on summaryMTS Act, ss.5(4), 9, 11
Port‑related violations (AMPS)Up to $250,000Per violationMTS Act, s.51(c); transitional ranges set until regs (Transitional Provisions)
Regulatory fees (marine security)Not specifiedAs set by regulationMTS Act, s.5(3)
Regulatory fees and data sharing (ports)Not specifiedAs set by regulationCanada Marine Act, s.62(1)(a.1)-(a.2), (d.2)

Proponents' View#

  • Improves safety and security with clear powers to act fast in emergencies and rising threats, including health risks, through interim orders and emergency directions (Marine Transportation Security Act, ss.6.1, 17.4).
  • Closes gaps in dangerous‑goods oversight by requiring universal registration and creating an AMP regime, which promotes compliance without lengthy prosecutions (TDG Act, ss.6.11, 32.11–32.26).
  • Modernizes rail safety by integrating “security” into safety, enabling corrective orders on security management systems, and prohibiting dangerous or unruly conduct that endangers passengers and staff (Railway Safety Act, updated definitions; s.32 orders; new prohibitions).
  • Reduces community impacts from long‑term anchoring by imposing a 14‑day limit in a sensitive B.C. area, with enforceable penalties (MTS Act, s.16(1.1) and Schedule).
  • Strengthens port governance and transparency: advisory committees with Indigenous participation, regular governance assessments, quarterly financials, and public climate plans and annual progress reports (Canada Marine Act, ss.33.1, 33.2, 37.1, 43.1–43.4).
  • Protects competition and national economic security by lowering the reporting threshold for port‑related transactions and enabling ministerial orders to prevent imminent harm to security or competition (Canada Transportation Act, s.53.1(1.1); Canada Marine Act, new ministerial order power).

Opponents' View#

  • Expands ministerial discretion with limited upfront oversight: interim orders are exempt from the Statutory Instruments Act and can last up to three years with extensions, raising accountability concerns (Marine Transportation Security Act, s.6.1(2)-(4), (6)-(7)).
  • Compliance burdens may be high for small and mid‑sized firms: new registrations for dangerous goods, potential security clearances, reporting, and possible new port fees, with unclear timelines until regulations are issued (TDG Act, ss.6.11, 6.2; Canada Marine Act, s.62).
  • Use of automated systems and remote “entry” for compliance checks may raise due process and privacy concerns if safeguards are not clear, even with consent requirements for non‑public places (Canada Transportation Act, s.6.2(4), new “Means of telecommunication”).
  • The 14‑day anchorage limit could shift congestion to other coastal areas or ports, affecting supply chains and local communities not covered by the Schedule (Marine Transportation Security Act, s.16(1.1); Schedule).
  • High penalty ceilings (up to $2,000,000 for corporations) may deter investment or create litigation risk if guidelines are not clear; many penalties depend on future regulations (Marine Transportation Security Act, ss.5(4)-(5), 9, 11; TDG Act, s.32.11(b)).
  • Thermal coal loading prohibition by December 31, 2030 may affect jobs and regional economies tied to coal exports, despite required union consultations; the bill provides no direct funds for transition (Canada Marine Act, s.62(1.1)–(1.3)).
Infrastructure
National Security
Trade and Commerce
Climate and Environment
Indigenous Affairs
Labor and Employment
Criminal Justice

Votes

Vote 89156

Division 367 · Agreed To · June 12, 2023

For (54%)
Against (45%)
Paired (1%)
Vote 89156

Division 410 · Negatived · September 26, 2023

For (35%)
Against (64%)
Paired (1%)
Vote 89156

Division 411 · Agreed To · September 26, 2023

For (65%)
Against (35%)
Paired (1%)