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I call this meeting to order.
Welcome to meeting number 86 of the House of Commons Standing Committee on Transport, Infrastructure and Communities.
Pursuant to the order of reference of Tuesday, September 26, 2023, the committee is meeting to discuss Bill , 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.
Today's meeting is taking place in a hybrid format pursuant to the Standing Orders and, therefore, members are attending in person in the room and remotely using the Zoom application.
I wish to inform all members of the committee that all witnesses appearing virtually have been tested for today's meeting and passed the sound test for the benefit of our interpreters.
Colleagues, appearing before us for the first hour of today's meeting is the Honourable Pablo Rodriguez, Minister of Transport.
[Translation]
Minister, it is a pleasure to welcome you here this evening. On behalf of the members of the committee, thank you for being with us.
We will begin with your opening statement. You have the floor for five minutes.
Good evening, everyone. Greetings, colleagues.
First of all, I want to thank you for inviting me to speak about this important bill.
I am pleased to be joined by representatives of Transport Canada: Arun Thangaraj, Deputy Minister, as well as assistant deputy ministers Serge Bijimine and Lisa Setlakwe.
I am really pleased to be here. I think this is an important moment. I am delighted that we have this opportunity to discuss Bill and especially how it will strengthen our transportation supply chain.
[English]
Listen, I know you don't need me to tell you this, but over the past three years Canada's supply chains have really been put to the test and it's been a very difficult time. It is still difficult. COVID-19, increasingly frequent and intense weather events and Russia's war against Ukraine have caused and worsened supply chain disruptions.
[Translation]
The vast majority of Canadians felt the economic impact of those disruptions, many of which are still felt today.
All of which confirms how important it is to have a strong, resilient and efficient supply chain. Which, as you'll no doubt remember, is why we established the supply chain task force last year. We asked the task force from the outset to study ways to make the supply chain more resilient and reliable.
[English]
They conducted extensive consultations with industry representatives, and the group released a report with key recommendations. I'm sure you guys read it. Among these are that a national supply chain strategy be developed.
[Translation]
And Bill will lay the groundwork for that strategy.
However, it is important to note that, even before the war in Ukraine started and COVID‑19 hit, Transport Canada had undertaken two separate reviews: the Railway Safety Act review and the ports modernization review.
[English]
Those two studies are done. They clearly reflect everything we've been through during the past two years. They highlight the need to modernize Canada's ports and rail networks. We can't forget something that you guys all know, that the majority of our trade passes through our ports and our rail system, so we always have to be ahead of the curve to modernize them.
[Translation]
The ports modernization review clearly showed us that our ports needed to work for and with Canadians. We therefore listened to what ports representatives, ports users and ports communities had to say.
By way of a response, Bill is designed to modernize the tools that the government, ports and railways use to support the entire transportation network. As we all know, the supply chain is profoundly interconnected. Our ports work together with our railways. They are inseparable from each other. We must therefore address all of that simultaneously.
That is why Bill contains amendments that address both ports and the railway system.
The purpose of those amendments is, first, to enhance railway safety and security by means of an updated framework.
They are also designed to better equip the ports to meet today's complex needs. That includes taking steps to work with Indigenous communities and to support our climate change commitments.
[English]
Also, it will further improve the safety and security of the transportation of dangerous goods in Canada.
With Bill , we will ensure that the safety and security framework for operations is appropriate and up to date. All of these measures would make the Canadian transportation network safer, more competitive, more secure, more efficient and more reliable.
[Translation]
This bill, I have to say, is essential to our economy. We've been saying this for three years now. Supply chain issues raise Canadians' cost of living, which is already too high. Consequently, passing this bill is a major, even fundamental, move for our economy and an enormous step in the right direction. Which is why I am pleased to be discussing it with you.
I am now ready to answer your questions.
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Efficiency and accountability.... Okay.
You talked about some of the chronology leading up to Bill : the ports modernization review, which began in 2018; the rail safety review that started in 2017; and the national supply chain task force that was convened in January 2022—almost a couple of years ago.
The report of that national task force provided 13 immediate recommendations and eight, perhaps, longer-term recommendations. It had a fancy cover and a fancy logo. I should also add, by the way, that this very committee studied rail safety a year and a half ago. We had 33 recommendations, yet we only see one small provision regarding rail safety in Bill .
After all that work, and over that length of time—going back six years—do you think Bill is the best you can come up with?
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Let me ask one more question, because my time is winding down.
You talk about the cost of doing nothing, yet I asked you at the front end what is the number one thing that you think the bill will accomplish. I would actually submit that the number one thing the bill would accomplish is nothing at all.
We heard from witnesses. You don't have to take my word for it. I can replay some of their comments. Just on Monday, we heard a witness say that it would have no material impact on the efficiency of supply chains.... Let me repeat that: no impact on the efficiency of supply chains at all. Also, there are “missed” opportunities: we heard that numerous times from witnesses. One witness went so far as to say that having nothing—no bill—would actually be preferable to this bill.
Given these indictments—and look, I know you were saddled with this bill by your predecessor, so in fairness—would you commit today to withdrawing Bill and actually doing a proper consultation with stakeholders on an urgent basis, and then reintroducing it, yes or no?
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Thank you very much, Chair.
Thank you for being here, Minister.
I was really pleased to hear you talk about the environment being an important objective of this bill. As I know you're aware, local stakeholders in Vancouver, such as the South Coast Ship Watch Alliance, have been very concerned about the environmental impacts of anchorage: light, noise and air pollution that affect local citizens and sound and other water pollution that affect the marine mammals. There are hundreds of species at risk in the Salish Sea that are affected.
Their view is that anchorage has a negative impact and that if ships arrived on time and on schedule thousands of anchor days per year could be prevented from being necessary. I'm very interested, given this, how the bill would improve the situation of anchorage. One last fact that they've put out is that anchorage growth has quadrupled while port tonnage grew by only one-quarter, so it's growing 16 times as fast as actual delivery of goods through the port. How does the bill help with that?
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I think that's a crucial question here, because it talks about the importance of the bill not only on the economic side but also on the environment side.
If you look strictly at the environment, there are a few things that are very straightforward. For example, Bill requires the ports to develop climate plans to reduce emissions, and not only do they have to develop those plans, but they have to make them public and the ports have to report on the progress, on what they're doing in terms of emissions, in terms of the environment. That is there. That's an obligation and will be monitored and will be public.
The other one you're talking about is related to anchorage. I've spent a lot of time thinking about this and working on this, because I've seen some of those ships. I'm sure that Mr. Bachrach is interested in this. I know that a lot of friends around Vancouver are also. By giving the capacity to the ports to better manage traffic by making sure that ships arrive on time, spend less time there and leave faster, then you don't have all those ships waiting at anchor.
Anchorage has many impacts. One of them is that—and you said it—is that they have to keep their engines going, at least one, to keep the electricity and minimal functions on board. By doing that, they're polluting, and also, the noise of the engines has huge negative impacts on the whales. By being more efficient in the managing of the ships, you don't need that type of anchorage. I think it's a big step forward.
Recent digital acoustical research is showing that the sound in the water impacts more than the whales. It impacts basically every animal in the ecosystem of the water, as well as some of the plants they feed on. I will be bringing more about this forward to you as the minister, because I think the impact of sound on vulnerable species in the water has to be closely understood and mitigated.
I would like to ask another question about engagement with the community.
As a member of Parliament adjacent to the port of Vancouver, I know there are communities in the metro Vancouver area that are not of the view that the port is sufficiently connecting with and respecting the needs and views of the community.
In fact, there's a lot of opportunity for having port tourism. If you think of Cape Town and some of the other ports, they are very integrated with tourism and other recreational activities. I think Vancouver has some opportunities there.
You claimed that the bill will be addressing some of the issues of communities around the ports. Could you give us more detail about how this will be more responsive and respectful of not just the needs, but also the opportunities of the port communities?
I said during my speech that ports not only play an economic role, but also, as part of their communities, they have an impact on those communities, which is sometimes positive and sometimes not that positive. They have to listen to what the communities have to say.
Through Bill , we're asking the ports to put in place three different types of committees: one would engage with local stakeholders, the second with local governments/politicians, and the third with indigenous communities. They have to strike those committees to be able to hear concerns and suggestions, to be better connected with the communities they're in.
That's lacking, and I'm even surprised that it's not there. But with Bill , we're making sure that we put that in there. They will have to create those three committees.
Minister, thank you for being with us today.
We've been studying Bill in committee for nearly three weeks now. We've had time to hear from many witnesses, notably from labour, management, railway companies, port authorities, shipping companies, logistics companies and environmental groups. I was surprised to see that virtually none of those witnesses were enthusiastic about Bill . Your Liberal colleagues around the table even had trouble telling them anything positive about the bill. I'm not saying there's nothing positive in it, but, as a general observation, people either opposed it or were utterly indifferent.
Do you think it's normal that there isn't any more support for your bill?
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I wanted to address a more specific point with you. You say you don't intend to make political appointments, and I want to believe you. I hope that's not what you'll do if you're ever granted that power.
Now, I've done a little research and I'm going to cite some recent examples of appointments made to the Department of Transport, starting with Sandra Pupatello, who was appointed as director at the Toronto Port Authority in 2023 and who has donated $18,500 to the Liberal party of Canada. I could also cite the case of Craig Thomas Munroe, who was appointed as a director at the Vancouver Fraser Port Authority and who donated $16,000 to the Liberal Party of Canada. Then there's Jonathan Franklin Goldblum, who was appointed to the board of VIA Rail Canada and who donated $14,000 to the Liberal Party of Canada. I could also name someone who was appointed President and Chief Executive Officer of VIA Rail Canada in 2022 and who was to donate $1,000 to the Liberal Party of Canada the previous year, just before being nominated to his position.
And yet you tell me that you don't intend to make political appointments.
I also expanded my research and came up with some 60 individuals who have donated a total of $200,000 since you came to power. From 2021 to the present, approximately 10% of appointments are connected with the Liberal Party. I think that's a lot.
As I told you, I want to believe you, but I don't get the impression that the power you have in your hands has been used conscientiously to date.
Thank you, Minister, for joining us this evening.
I'll start fairly generally.
It does seem as though this bill is mostly based on the economic needs of the supply chain and on the need to address some of the challenges we saw during the pandemic. It's certainly understandable that it speaks to some of the recommendations from the fairly prescribed legislative reviews that took place many years ago. However, there have also been very strong concerns from communities and people who are affected by the supply chain as they look to your government for more protection and more accountability.
Part of that work was this committee's study on rail safety, in which we heard from communities, unions and rail workers about their concerns. The picture they painted, as well as the picture the Auditor General has painted and the chair of the Transportation Safety Board painted, is a pretty bleak one. It leaves us with a lot of concern about the state of rail safety the tenth anniversary of the Lac-Mégantic disaster. Yet of the 33 recommendations in this committee's report, Bill addresses none.
Maybe my question for you is this: How can this committee understand this as anything other than an insult to the work we've done? The recommendations in the committee's study came from the people who've been deeply impacted by the supply chain. They want changes. They want your government to have their backs. Yet the bill we see in front of us doesn't have any of that. Why is that?
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The bill does touch security and safety of railways, but you spoke about Lac Mégantic, and you raised something extremely important. What I'm wondering is how is it still possible that, 10 years afterwards, you have the same trains going there.
When the named me to this position, the first thing I thought about was Lac Mégantic because any Quebecker—ask Mr. Barsalou-Duval this—will remember exactly where they were at the moment of the tragedy and in the days that followed.
I went there recently, and I spoke with CP to make sure that we do everything that's necessary to go around. We have an agreement with CP. We made that a couple of weeks ago.
I made a deal with the city of Lac Mégantic. I made a deal with the Government of Québec, and this will happen now.
The people—sorry, I'm just finishing, and it's a bit emotional for me for many reasons—the people in Lac Mégantic are still waking up every day and listening and seeing that same train going down the same rail every day with dangerous goods, and that's one of the things—
Usually a minister comes to the first meeting to present their bill and talk about its many benefits.
Minister, you've had the benefit, or you should have had the benefit, of reviewing the testimony from over 10 hours of witnesses who have been before this committee before you arrived today. Whether they've been rail companies, marine groups, port users, port authorities, port terminal operators, unions or environmental groups, they've all said this bill is either bad for their sector or does nothing to improve the situation with supply chains.
Your opening statement could have been given by . I heard that speech in the spring.
Why haven't you listened to the industry groups, to the unions, to the environmentalists, to everyone who has been before this committee up until today's meeting and then come to this committee with what you're proposing to change, as opposed to telling us it's a very good bill and that many people are telling you how great it is, when your Liberal counterparts at this committee couldn't find anyone to come to defend it?
Welcome, Minister, to our committee this evening.
You said, at the beginning of your comments, that the goal of the bill, of course, is efficiency and accountability. We've heard from many witnesses at these committee meetings, from marine ports, railways and so on, about Bill . Many of them have made some good suggestions on how to improve the bill. Hopefully, at the end of the day, this will happen at this committee: recommendations that will lead to efficiency and accountability.
I want to ask you a question around data sharing because, again, a lot of them talked about that.
Minister, data sharing is a common element of Bill . Can you please share with this committee why that's important to effective port operations, and how do you envision data sharing between ports, port users and the federal government to maximize results?
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Oh, oh! That's harder if we both speak at the same time.
My next question concerns the distinction between small and large ports. Under this bill, ports would have to submit quarterly financial statements and establish advisory committees to discuss municipalities, citizens and Indigenous groups. I have to say that, in many respects, people felt there wasn't enough dialogue with the ports, so those provisions of the bill would perhaps promote discussion, in addition to improving transparency.
However, the Port of Montreal and the Port of Vancouver don't have the same resources as the Port of Saguenay, which has approximately 14 employees. Some witnesses came and told the committee that implementing what's required in the bill would force them to hire two persons and would cost them $200,000.
Wouldn't it be smarter to draw a distinction between the large ports, which have the necessary funding and resources to make the required changes regarding organization and the sharing of information, and the smallest ports, which have fewer resources? Wouldn't it make more sense to lower requirements for the smallest ports, or perhaps to exempt them, wholly or partially, from those new provisions.
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Fair enough. It's just what I observe at the committee table. We have witnesses come. They tell us things. You tell us things. We compare the two and try to make sense of them.
I want to bring up anchorages, which Ms. Murray brought up earlier. If I understand your response, you said, well, this addresses that because it's going to make the flow of traffic smoother at the ports.
When I talk to communities, when I talk to concerned residents, that's not good enough for them. What they are looking for are legislated protections that will protect sensitive marine areas and protect the quality of life in their rural communities.
Would you be open to those kinds of amendments? I guess what I'm trying to say here is that we're looking for a reason to support this bill, and right now we don't see very many, because all the people coming to committee say that it's not worth the paper it's written on.
Are you willing to consider amendments that would strengthen legislative protections for communities affected by anchorages?
I'm going to try to be a lot more productive after the hour that we've just heard.
Mr. Minister, thank you for being here, first of all.
I'm looking at Bill . As I mentioned to a lot of the witnesses....
By the way, a lot of the witnesses support a lot of the bill. I'm not going to buy the fact that no one supported it. A lot of them gave support to many parts of the bill. At the same time, they were giving opinions on other parts they thought could be changed.
We've noticed and recognized throughout the years in the ports modernization review, the rail safety review and the supply chain task force report... I'll even throw in the St. Lawrence Seaway review, because I consider that somewhat of a port, in terms of its trade corridor. We're working on Bill and we have Bill coming up. As you said, Mr. Minister, it's to update and modernize.
The whole concept behind reports coming to the committee.... I value the committee a lot. I've been on this committee since 2015. I've worked with and learned a lot from the partners we're dealing with today. With that said, and upon listening and learning.... Here's a bill that gives opportunity for the door to be wide open for people to walk in, to take all of those reports—bills included—and create the first part of a transportation strategy, integrating transportation logistics not just in Canada but also binationally. We heard from CP Rail-CP Kansas City the other day.
My question for you is this: As we move forward.... We heard a lot of the comments made tonight. We heard, more importantly, the comments from the partners. Do you feel this is just the start of the conversation?
In fact, in listening to those partners and witnesses, we expect this committee to simply do its damn job and come back with amendments, instead of bitching about everything they think they heard. We come back with amendments and present them to you and your team. Of course, with that, if there's an expectation of what this bill is going to be and accomplish, that will be done through the work of the witnesses, the testimony received and committee amendments. Then it's back to you. Of course, with that said, it's a bill that can hopefully make most or all more productive in the jobs they're doing within their port authorities, the rail sector and other...that this bill is attached to.
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Absolutely. You're right on.
I also want to thank you, Mr. Badawey, for all your work. I remember sitting with you on this committee in 2015. I was parliamentary secretary to the minister of infrastructure, so you've been here for a while. You know your stuff. I want to thank you for that, and also for the work you are doing as Parliamentary Secretary to the Minister of Transport.
Yes, this is an important start. There are many things in there. There is other stuff, as you said. Regarding Bill , this bill or any bill, if the committee has suggestions for amendments or recommendations, of course I'll be ready to listen to that. However, you need to have a positive approach and not just come here to criticize the bill. I mean, I have a lot of respect for my colleagues and friends in the Conservative Party, but the only thing they have been doing is criticizing you guys. They could bring some suggestions. If they're good, of course we're going to listen to them, because it's in the interest of all Canadians. It's not only in the interest of ports and the whole supply chain. More importantly, it's in the interest of our fellow citizens.
Again, my comment was really characterizing the entire session, not one individual. With that, I'll move on.
I guess the direction I'm taking with this discussion and line of questioning is simply whether you see, Minister, as we move forward with this bill, that it can lead, as I mentioned to one witness a meeting ago, to the establishment, again, of integrating a transportation strategy, integrating transportation logistics throughout the country—and binationally, quite frankly—and with that, from the testimony we heard, to in fact take that testimony, learn from it, and, yes, present amendments. That's my question.
I guess my point to the committee members is this: Let's do our job. If you have problems or challenges—I won't call it bitching this time—with this bill, then let's simply do our job, come back with amendments and present them to the minister. The expectation from all of us will be that, hopefully, changes may be made, but let's be more proactive to actually propose those amendments versus sitting here and complaining about everything about the bill. That's the job of this committee. Let's do our job.
I'll go back to the question, Minister.
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Perfect. Thank you very much, Minister.
Hon. Pablo Rodriguez: Time flies when you're having fun.
The Chair: Thank you, Mr. Badawey.
Minister, on behalf of all members of this committee, I thank you once again for being with us this evening, especially at this late hour.
I would like to thank all the associate ministers for their presence as well.
Colleagues, I will suspend for two minutes as we prepare for the next round of witnesses.
We are suspended.
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I call this meeting back to order.
Colleagues, appearing before us for the second half of today's meeting, we have, from the Shipping Federation of Canada, Mr. Christopher Hall, president and chief executive officer, who's joining us in person. Welcome, sir.
Joining us online, we have Mr. Wade Sobkowich, who is the executive director of the Western Grain Elevator Association. I want to welcome you too, sir.
We'll start with opening remarks by Mr. Hall.
I'll turn it over to you, and you have five minutes, sir.
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Thank you. It's a real pleasure to be here this evening.
The Shipping Federation of Canada is a national association that represents the owners, operators and agents of the ocean ships that carry Canada's imports and exports to and from world markets.
We support the government's efforts to modernize Canada's marine transportation system, not only through Bill , but also through several other legislative initiatives, including the marine sections of Bill , and the amendments to the Canada Shipping Act and the Marine Liability Act, which came into effect this June.
When viewed in conjunction with the recommendations of the national supply chain task force, these initiatives represent the most extensive transformation of Canada's marine transportation system in the last 25 years, and one that is long overdue, given the shocks, disruptions and challenges the system has experienced since then.
As it relates to the Canada Marine Act, we note that Bill provides updated language regarding the act's purpose, which now extends to managing marine infrastructure and services in a manner that maintains resiliency and safeguards national security, and for managing traffic, including moorings and anchorages, in order to promote supply chain efficiency.
We view the references to “resiliency” and “national security” as important additions that reflect the increasingly unpredictable nature of the environment in which our supply chains operate and the need for greater flexibility in responding to those challenges.
Although we also support giving ports explicit authority to manage marine traffic, we would caution that this represents a very small piece in a much larger puzzle of solving efficiency challenges at ports such as Vancouver. Indeed, these challenges cannot be resolved without considering the broader context in which ships operate, and where factors such as rail and road infrastructure deficits, labour availability, labour stability, productivity challenges and rail performance issues, to name a few, all play a major role.
Bill also gives the minister new regulatory authority to compel users and port authorities to share information and data in support of marine traffic management. This represents an important first step in developing a national supply chain data and digitization strategy, as per the recommendations of the national supply chain task force.
However, if this strategy is to be successful, it will be important to ensure that data-sharing commitments by stakeholders are based on incentives rather than penalties and that the strategy's primary focus is on connecting existing digital platforms rather than building new ones.
In addition, government departments and agencies, particularly CBSA, must also be prepared to join the digitization effort, ideally by migrating to a maritime, single-window reporting model for collecting data from supply chain stakeholders.
Finally, although we will not be making specific comments on the amendments that pertain to the governance and reporting requirements of the CPAs, we believe that these amendments will require additional scrutiny and consultation if they are to gain the level of buy-in from stakeholders that will be necessary for their successful implementation.
Turning now to the proposed amendments to the Marine Transportation Security Act, we were pleased to see the addition of the new “Purpose” section, which articulates the act's overall objectives. However, we have concerns regarding the very broad criteria under which the minister may impose security-related measures, which essentially extends to any circumstance that creates the need to “deal with threats and reduce direct and indirect risks”.
Although we support the minister's enhanced ability to act quickly in response to threats or risks to the marine transportation system, the lack of specificity and details as to what qualifies as a threat or a risk makes it difficult to ascertain what constitutes a legitimate need for immediate action. This is important, because these broadly construed criteria serve as the trigger for the minister's ability to exercise the continuum of powers at his or her disposal under the act, which include not only the ability to make regulations, but also to issue interim orders, directions to vessels and emergency directions, which are outside of the normal regulatory process and the normal checks and balances that are accorded to it.
Finally, as it relates to the Customs Act, we note that Bill proposes amendments regarding the time and manner in which goods are to be made available for examination and the need for goods to be examined in a secure area, etc.
This raises serious concerns as to whether CBSA has the necessary facilities, infrastructure and personnel for conducting cargo examinations, and whether it has the necessary funding to address the significant deficits that currently exist in these areas.
This is a major and ongoing issue of concern in the marine mode, as it has been our experience that CBSA's current lack of resources not only impedes the efficient examination and movement of cargo but also hinders the development of new shipping services and market opportunities at ports across Canada.
This concludes my comments. Thank you very much. I'll take your questions.
:
Thank you, Mr. Chair and members of the committee.
The Western Grain Elevator Association is a national association of grain companies. We handle in excess of 90% of Canada's bulk grain shipments. Today, I'll highlight our views and observations on Bill in the context of the grain supply chain.
Alongside the lead-up to Bill , as was pointed out in the earlier session, the supply chain task force report was tabled in October of 2022.
The task force report refers extensively to Canada's competitiveness and prosperity, the need to create a competitive transportation system and the need to address the power imbalance between transportation service providers and shippers. It rightly positions shippers and exporters as drivers of the national economy and places the needs of those who produce and sell Canada's resources as paramount.
It's the WGEA's observation that the spirit of Bill is in stark contrast to that of the task force report. We have some examples.
The first area of inconsistency is port governance. The federal government has the objective of increasing the volume of Canadian agricultural exports and is investing in infrastructure projects that help increase the flow of goods. At the same time, in the last 11 years, grain farmers in western Canada have grown nine of the largest crops on record, mostly through innovation. This is a good news story for Canada.
We have, however, seen past decisions by port authorities that were not in the grain sector's best interest. This led to our organization's advocating for changes to port governance to provide more representation for tenants and the provincial economies where the product has originated.
I feel like we're losing focus and sight on the fact that ports are there for the national economy, first and foremost.
Instead, Bill does the exact opposite. It increases representation from local municipalities and the provinces in which the ports are located. It raises a real concern for us that port operations are going to be governed by local issues rather than the national interest.
The second suite of concerns has to do with vessel management. With a growing crop, we face the challenge of evolving the supply chain to move more product each year. This is not a situation of trying to find ways to do more with less. In practical terms, we need to find a way to have more vessels ready to load in the port of Vancouver, not less. It's Canada's largest working port designed for commerce, and it has to be—first and foremost—viewed through that lens.
Bill will enable the creation of a regulated system to restrict the presence of vessels in Canada's ports. A natural consequence of increasing trade is an increase in vessel activity. As a country, it doesn't work to have conflicting objectives of growing exports but reducing the presence of vessels to move exported product.
A major contributor to increased days at anchor is the ongoing challenge for the railways to deliver enough trains on time and in the appropriate sequence. Some of those things are outside the railway's control and some of them are within, but Bill only addresses the symptoms of vessel numbers and vessel wait times while ignoring the root cause of inadequate, unpredictable and often poorly executed rail service.
I heard the speak earlier and say that the bill addresses end-to-end supply chain issues and needs to be looked at in the fullness of the supply chain, but we don't see that in the bill. If the government intends on passing legislation to help supply chains, it really has to look primarily at railcar supply from the railways versus railcar demand from exporters, on a week-to-week basis, and introduce legislation that provides discipline that matches railcar supply with demand. Vessels wait for railcars to arrive. That's why they're waiting in Vancouver. It's not because of poor management by grain exporters.
Demand for Canada's exports must be set by customers, not by the railways. Bill not only ignores this root cause but will regulate vessel activity to match limitations already in place due to the rail environment. Instead of liberating supply chains to operate commercially, we see this as restricting vessel activity to match the restrictions already in place in the rail sector.
The third suite of areas has to do with appeals and dispute resolution.
Bill falls short in establishing dispute resolution processes that are typical of legislation where a similar imbalance of power exists, as we find between ports and their tenants. It should include a straightforward means for tenants to appeal unfair or unreasonable decisions of a port authority. There are mechanisms in other sectors where the same scenario exists, but they're not there for the marine sector.
In addition, Bill should address the obvious conflicts of interest that arise in a port's dual role as a developer and a regulator. This is a topic on which the bill is silent.
I just have a few more comments. The fourth area—
Thank you to both witnesses.
Mr. Sobkowich, you said that the spirit of Bill does not align with the the national supply chain task force, which is certainly a comment that we've been making as well, particularly given the urgency of the recommendations of that supply chain task force.
You heard the testimony. The minister said, when I asked, that the efficiency of supply chains and accountability were the two things that Bill delivered.
How would you react to that?
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We don't see that in this bill. What we see is legislation that intends on addressing symptoms rather than root causes.
We have, for many years, been advocating for improvements to the Canada Transportation Act to create an environment where you have more of a balance between railways and shippers. When grain companies put on sales programs, they need to get the railcars in order to get the grain from the country elevator system to port terminals to load those vessels. Not only do they need to have enough capacity, but they need to have the trains move in the right sequence. Otherwise, what we end up having to do is berth a vessel and load it partially, but we don't have the rest of the grain that was supposed to arrive, so we have to send it back to anchor and bring in the next vessel to load, perhaps, canola, because that's the train that came in.
That's a big part of the reason we have too many vessel movements and vessels staying too long. It has to do with railcar supply, and it has to do with sequencing of trains. There's nothing in this bill that addresses those.
Thank you to our witnesses for your testimony this evening.
Mr. Hall, it's really nice to see you once again. Thank you for your important work.
I was looking at the 2022 annual report of the Shipping Federation of Canada. Your objective is “to work towards a safe, efficient, competitive, environmentally sustainable and quality-oriented marine transportation system.”
From a supply chain optimization perspective, do you see the measures of this legislation supporting increased efficiency? If so, how?
Mr. Sobkowich and Mr. Hall, welcome to the Standing Committee on Transport, Infrastructure and Communities.
I'll go to Mr. Hall first.
Earlier you seemed to say that the minister would acquire a lot of power under this bill. We noticed that too. We felt the minister would disregard the rules and take a lot of latitude, considering everything the minister would be able to do, with few restrictions or guidelines. In some places, for example, the bill states that the minister may act if the minister believes there is an issue. I think the verb "believe" is weak. In other words, the minister wouldn't have to prove anything.
Do you think those powers should be subject to guidelines? What kind of guidelines should there be? Earlier you talked about definitions, but should the minister have to prove there's a genuine issue in certain situations, either immediately or subsequently?
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In principle, we do have a concern.
We've had some major disputes with the port on some cost items. I can't speak specifically to Global Container's comments, but I can say that.... For example, the letters patent of the Vancouver port authority require it to set rents based on local market rates. We would say that when you're dealing with a national supply chain and with a speculative commercial real estate market in Vancouver, setting rent to tenants in the port at local commercial market rates is not appropriate. We need to look at a broader supply chain when setting those types of things.
I know that doesn't answer your question. I'm just trying to characterize our concerns from a financial point of view and characterize what happens with ports and what we've seen in terms of passing those costs on to tenants. We're seeing the same thing with gateway infrastructure fees that are being passed on—exorbitant amounts of money.
To come around to answering your question as directly as I can, I will say that anything that increases costs to port tenants should be avoided. In some cases, you can pass on those costs to customers, but we're competing in a global environment. If we can't supply the grain that the customer wants at the price that the customer wants, then someone else in another country is going to do it. We need to be very cost conscious.
I hope that partially, at least, answers your question.
On the ports modernization review, the WGEA said, “Boards of Directors should be amended to include seats for representation from the major user sectors, such as the grain industry.”
We've had an interesting conversation at committee, in discussing this bill, about the makeup of port boards, potential conflicts of interest and how to manage those conflicts.
If a direct representative of a user group like the WGEA were to sit on the board of the port authority, how would you see managing that potential for conflict of interest?
I want to continue along that line with Mr. Sobkowich.
I'm not sure I follow your logic on how the ILWU—which has workers at the port who are very much part of the ecosystem and have an interest in how the port is run—would be excluded, in your mind, but active port users would be included. To me, there is a conflict of interest there.
I would challenge you to be a bit careful of what you wish for, because I would suggest, if you open up this can of worms—if you want to go down that road—that it's a very difficult argument to make: that union representation shouldn't be there when active port users are there.
How do you respond to that?
I'm going to pick up on the idea of national versus local interest. My experience in talking to people about the port of Vancouver is that often the local interests have a real focus on environmental sustainability, and that is part of the objectives of this bill. This is one of the five main themes: the environmental sustainability of port infrastructure and operations. Also, I would say more broadly that the safety and security of the rail system are tied into environmental sustainability as well.
A second piece of this is that your organizations are very much subject to social licence: the support that there is for the operations. With transportation, whether it's shipping or rail, the public's social licence is a very important element.
I would like to get your thoughts about the degree to which this bill is doing what it is aiming to, which is increasing environmental sustainability, whether it's through supply chain efficiency or the preventing of spills and accidents. Do you feel that what it's doing is sufficient and are there are ways in which you see potential amendments to improve environmental sustainability through those kinds of improvements?
Mr. Hall, why don't we start with you?
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Thank you. I'll take that.
Generally, having worked in that system for over seven years, I think that most ports are doing a pretty good job. My exposure to most of the other ports across the country indicates that they have had those principles at heart most of the time, especially in the last few years. The need to intersect appropriately with the community is also top of mind of all Canadian port authorities.
Despite the extra resources that may be required for the smaller ports on the additional reporting, I think that additional reporting adds another layer of transparency and accountability to a port authority, which will only serve the public to the good.
The ports are doing a lot of good things. A lot of times, it stays within that port ecosystem and word doesn't get out about the good things that industry as a whole and the port authority are doing or the collaborations that take place. Perhaps the new reporting requirements and the new community liaison groups that ports must establish will bridge that gap, albeit it a resource problem for the smaller entities.
My question is for Mr. Sobkowich.
Some witnesses came to the committee to talk about issues related to anchorages. This is a major source of irritation for residents, not to mention that it can also have an impact on the natural environment.
As I understand it, the grain industry is frustrated. Grain producers would like to get their grain to market. There seemed to be problems in shipping their goods.
I also discovered that the export of coal from Canada is permitted, whereas it's a prohibited practice on the west coast of the United States. I find that peculiar. We are ultimately serving as a transit point for pollution caused by American coal that can't be shipped from the United States.
I don't know if you have this kind of expertise, but I'd like to know if the bulk terminals used to export coal could be converted to other types of terminals, such as grain terminals.