:
I call this meeting to order.
Welcome to meeting number 143 of the Standing Committee on Transport, Infrastructure and Communities.
Before we begin the meeting, I want to remind all in-person participants to read the best practices guidelines on the cards on the table. These measures are in place to protect the health and safety of all participants.
Today's meeting is taking place in a hybrid format.
Pursuant to Standing Order 108(2) and the motion adopted by the committee on Thursday, November 21, 2024, the committee is commencing its study of community safety and emergency preparedness for the transport of dangerous goods by rail.
I'd like to welcome our witnesses joining us today. Colleagues, we have, from the Department of Transport, Michel Béland, acting director general, transportation of dangerous goods, and Stephen Scott, director general of rail safety. Welcome to you both.
We have, from the Canadian Transportation Accident Investigation and Safety Board, Yoan Marier, chair, and Vincenzo De Angelis, director of investigations of rail and pipeline. Welcome.
We'll begin with opening remarks. For that, I will turn the floor over to you, Mr. Scott. You have five minutes, sir.
:
Good afternoon, Mr. Chair and commitee members.
Thank you for having us today.
[English]
My name is Stephen Scott. I work as the director general of rail safety and security at Transport Canada. I am joined today by my colleague Michel Béland, who is the acting director general of the transportation of dangerous goods program.
I would like to begin by acknowledging that the land on which we are gathered today is the traditional, unceded territory of the Algonquin and Anishinabe peoples.
Thanks very much again for the opportunity to speak with you today about the transportation of dangerous goods by rail.
As the regulator, Transport Canada is responsible for the administration and oversight of safety and security in the federally regulated rail sector. The rail safety and security program comprises about 175 inspectors, who conduct about 40,000 inspections and 20 safety audits every year in the rail mode. In addition, the transportation of dangerous goods program oversees the safe and secure movement of hazardous materials across all modes of transport, including by rail. This program includes 112 inspectors, who conduct about 4,000 inspections annually.
Since the Lac-Mégantic tragedy in 2013, Canada's rail safety and dangerous goods regimes have undergone fundamental changes. In addition to an enhanced oversight posture through increased inspections, data-driven and risk-based planning, and stronger enforcement tools, such as administrative monetary penalties, Transport Canada has advanced a continuous cycle of policy and regulatory modernization. This includes stricter requirements related to train securement, track standards, tank cars and emergency response plans; speed restrictions for trains carrying dangerous goods; new duty and rest rules to mitigate fatigue risks of employees in safety-critical positions; elevated safety standards for train brake testing and maintenance; new grade crossings regulations that improve safety at road crossings; and assisting in the advancement of new technologies that can improve safety.
In May 2022, this committee issued a report with 33 recommendations to improve railway safety in Canada. I am pleased to report today that of those 33 recommendations, 31 have been completed or we have actions under way to complete them. This is being done through existing legislative and regulatory authorities already available to the department.
Over the last number of years, we have seen some positive indications of downward trends in accident rates. For example, reporting from the Transportation Safety Board indicates that in 2023, there were 914 rail accidents in Canada. This represents a 12% decrease from the 10-year average. However, we know that the risk picture and the operating environment are constantly evolving and that challenges remain. We look forward to the committee's recommendations as part of the current study to inform future policy directions.
[Translation]
I would now like to turn to the recent train derailment that occurred in Longueuil, Quebec.
On November 14th, a Canadian National train derailed eight cars in a railyard. Of those, six were carrying dangerous goods. One tank car, which was carrying hydrogen peroxide, was punctured.
When derailments occur, railway companies are obligated by regulation to take immediate mitigation actions.
[English]
This includes notifying and supporting local emergency first responders, deploying resources to assist with emergency management and remediation, and advising the Transportation Safety Board and Transport Canada. In this instance, in accordance with standard operating procedures, Transport Canada was in immediate communication with the railway company involved to verify that the emergency response plan was being implemented and to provide technical advice on remedial actions.
I will conclude with a few comments on Canadian National's current operating restrictions impacting Via's new trainsets in the Quebec City-Toronto corridor, as I understand this is also an area of study for this committee. For clarity, this issue is unrelated to dangerous goods.
Transport Canada is aware that Canadian National requires restrictions at about 300 grade crossings for Via Venture trains. Based on information from CN, we understand that the rationale is to ensure consistent activation of the grade crossing warning systems at these locations. The net result is that Via trains are required to reduce their speed when they approach these crossings, which is adding travel time to Via's routes in the corridor.
Transport Canada is closely monitoring the situation and advancing its own due diligence review to ensure there is no threat to safety. If there are additional measures from a safety perspective that we need to take as the regulator, we have the existing tools to be able to do that.
[Translation]
Thank you for your time.
We are happy to take questions from members of the committee.
:
Mr. Chair, members, good afternoon. Thank you for inviting the Transportation Safety Board of Canada to discuss the important topic of rail safety.
The TSB is independent and operates at arm's length from other government departments and agencies. We report to Parliament through the President of the King's Privy Council for Canada. This lets us be impartial and free from any real or perceived external influence.
[Translation]
As you may know, our mandate and sole objective is to promote air, rail, marine and pipeline transportation safety for modes of transportation under federal jurisdiction. To that end, we conduct independent investigations, we identify safety gaps, their causes and contributing factors, we make recommendations and we release reports.
It is also worth noting what the TSB does not do. We have no authority to determine civil or criminal responsibilities. Even if the TSB is often the first to arrive on the scene of an accident, we do not act as first responders.
[English]
Rail safety continues to be top of mind for the TSB. I'd like to share some rail safety statistics.
In 2023, 1,235 rail occurrences were reported to the TSB. This included 321 incidents and 914 accidents, six of which resulted in the release of dangerous goods. This represents a 9% decrease from 2022 in accidents, and a 12% decrease from the 10-year average.
There were a total of 67 transportation-related fatalities in 2023; 53 of those were trespassing fatalities and 13 were crossing accident fatalities. No fatalities were related to a release of dangerous goods.
Since its creation in 1990, the TSB has issued 154 recommendations to the regulator and the rail industry. As of March 2024, 89.6% of the responses to these rail recommendations have received the board's highest rating of “fully satisfactory”.
[Translation]
We are currently reviewing the steps taken by the regulator and the industry in terms of the TSB Watchlist, our program that identifies key safety issues that need to be addressed to make Canada's transportation system even safer.
Inadequate safety measures pose risks not only to the rail industry, but also to the public, communities and the environment.
[English]
There are five watch-list safety issues affecting the rail sector, including three multimodal issues. The multimodal issues are fatigue management in freight train operations, safety management and regulatory surveillance. The two rail-specific issues are following signal indications, and unplanned or uncontrolled movement of rail equipment.
In regard to following signal indications, train crews are required to identify and communicate signal indications among themselves and then take appropriate action in how they operate the train. However, when crews miss or don't follow a signal indication, in the absence of physical fail-safe defences, it could result in a collision or a derailment. From 2004 to 2021, there has been an annual average of 35 reported occurrences in which a train crew did not respond appropriately to a signal indication displayed in the field. We have seen a number of concerning occurrences lately.
The board has been calling for physical fail-safe train controls on trains for decades. In 2022, the board recommended that Transport Canada require major Canadian railways to expedite the implementation of physical fail-safe train controls on Canada's high-speed rail corridors and on all key routes. So far, the most optimistic timeline referenced by Transport Canada for the implementation of such a system in Canada, which will be called “enhanced train control”, is 2030. Until then, the rail transportation system relies mostly on administrative defences to protect against such occurrences.
[Translation]
Uncontrolled movements are low-probability events. When they do occur, however, they can have catastrophic consequences, particularly if they involve dangerous goods, as was the case in the 2013 derailment in Lac-Mégantic. That event caused 47 deaths and destroyed most of the downtown area.
After concluding its investigation, the TSB made five recommendations, two of which are still active and are on the TSB Watchlist.
[English]
Over the years, there has been significant progress in addressing safety deficiencies and implementing the TSB's recommendations. However, there is still much work that can be done to improve rail safety and to mitigate the potential impacts to people, communities and the environment.
Thank you. We are ready to take your questions.
:
Thank you for the question. This is a very important matter.
[English]
Technology is a key part of safety going forward. We know that. A reference was made to train control technology, so that's something that we're advancing. These would be regulations that would compel railway companies to have smart driver-assist technologies in trains, so we're advancing on that.
There's another technology initiative under way in the department to advance what is called an automatic parking brake. This would be an automatic backup brake on trains. That's something else we're looking at.
Our role as the regulator is to ensure that whatever technologies do come online are safe and enhance safety. We can provide a level of assurance that whatever technologies are being brought in and being advanced by industry and others improve safety in rail.
:
Thank you very much, Mr. Chair.
Once again, I thank the witnesses for being with us today.
My first question is for Mr. Marier of the Transportation Safety Board, or TSB.
On November 14, there was a derailment in Longueuil involving tank cars containing hydrogen peroxide. The accident caused the confinement of thousands of people, including students of three schools, in an 800-meter radius, and the complete stoppage of train and road traffic, among other things. It got extensive media coverage. An accident like that in a densely populated area involving such a hazardous chemical is a major event.
I believe that the TSB is investigating. From what I understand, you deployed a team on the ground on November 16.
In your opening statement, you said that you were often the first ones on the scene. In this case, it took two days before your team got there.
Why did it take so long?
:
First, regarding the Longueuil derailment, the investigation is still ongoing.
As you said, we deployed investigators on the scene. They are still assessing the event. They spoke to people, examined the cars and looked at what happened. At this time, they are determining whether we will launch a full investigation and, if so, how it will be classified. The scope can range from limited to complex and the process can take between a few days and several weeks.
We expect Vincenzo De Angelis's team to make a decision on that case in the next few days.
Mr. De Angelis can provide more details on the delay before the deployment.
:
We have a policy on event classification that was developed by my colleagues from the Transportation Safety Board of Canada and myself. It assists us in determining the scope of our investigations into each specific event.
There are a number of criteria. I will not go through all of them, but the main one is whether there are lessons to be learned in terms of safety.
Keep in mind that, year in, year out, between 3,500 and 4,000 events are reported to us for every mode of transportation. However, we cannot investigate every one of these events. We have to choose which ones to investigate further, and one of the main criteria is whether there are lessons to be learned in terms of safety to improve Canada's transportation system.
:
Thank you very much, Mr. Chair.
Welcome, gentlemen.
I initiated these hearings as a representative of a region that has seen a dramatic increase in the transportation of dangerous goods by rail. While that development has brought with it some incredible economic benefits for communities, it also raises a lot of questions for the people who live along the rail corridor. I think people deserve answers to their questions. They deserve the assurance that their life and property are safe from the transportation of dangerous goods. Perhaps more importantly, the first responders who are responsible for responding to incidents when things go wrong, who put their life on the line and who dedicate their time to protecting their neighbours, have questions as well. I believe they deserve answers.
I was hoping that the focus of these hearings could really be on the emergency response of communities. I understand that there's a lot of information about risk reduction. That is important, for sure, but I don't think any of that reduces the need for communities to have adequate plans in place that protect them in case something goes wrong.
I see you all nodding, so I assume that you agree with that statement.
I want to open my questioning with some questions about some of the more high-consequence scenarios that could face a community that sees unit trains of dangerous goods parked in rail yards or moving through the community in close proximity to where people live and work.
I think my first question would go to you, Mr. Béland. Is a major fire involving tank cars full of dangerous goods the kind of situation to which communities along rail corridors should be prepared to respond?
:
Absolutely. They should be prepared to respond.
We've done quite a bit. We've worked a lot with the Canadian Association of Fire Chiefs to develop some resources for communities so they can plan better. One of those resources is a document called “You're Not Alone!”. It's emergency response planning for rail incidents involving flammable liquids. The purpose of that document is to assist local communities to plan and prepare for potential rail incidents involving the transportation of dangerous goods, specifically flammable liquids, crude oil, diesel fuel and gasoline.
We also have the 24-hour CANUTEC centre, which is staffed by chemists and experts in dangerous goods who can provide real-time advice to first responders, 24 hours a day—
:
If I may, I'm going to try to get through six or seven questions. I only have six minutes. I appreciate the information.
I shared with you, prior to the meeting, a page from an emergency response guidebook to which Transport Canada contributes. The table on page 359 talks about BLEVE, or boiling liquid expanding vapour explosion. I'm sure that, as the director general for transportation of dangerous goods, you're familiar with these events. They are extremely high-consequence events with massive destructive force.
I'm wondering if you could, based on the table—the way I read it—share with the committee the minimum time to BLEVE failure for a tank car experiencing full torch conditions. This would be a tank car with 140,000 litres of dangerous goods, such as propane, on board.
:
Mr. Bachrach, that is a phenomenal question, and I'm sure we're going to get a response to it in the next round.
I'm also going to provide a mirror to all of our witnesses so they can hold it up and get a visual of me holding up the red flag for the last two minutes.
Voices: Oh, oh!
An hon. member: You could make a little chirping sound, Mr. Chair.
The Chair: I could.
Thank you very much, Mr. Bachrach.
Next, we have Mr. Muys.
Mr. Muys, the floor is yours. You have five minutes, sir.
Thank you to the officials who are here.
The train that was the subject of the tragedy in Lac-Mégantic travelled, if I'm correct, through Windsor, Detroit, Toronto and Montreal before its tragedy.
I want to pick up on the questions from my colleague Mr. Lawrence.
We can talk all we want about the phasing out of cars, producing some guide or document that I suppose you look at when a tragedy has occurred and the number of recommendations that have been implemented, but it seems obvious that, longer-term, the answer is that oil and gas in particular should be travelling by pipeline and not on rail. I realize that there's an issue with the capacity of pipelines, certainly because the current government has an aversion to building pipelines, but, longer-term, that is a better answer than all the risks that are being taken.
I wonder whether the department has voiced that concern to other federal departments or to the respective ministers of transport, that there is a better way to do things and that we need to move away from this.
:
Thank you for the question.
[English]
The TDG program promotes public safety in the transportation of dangerous goods by all modes of transport.
[Translation]
So it is not just for rail.
[English]
We do that through a regulatory and oversight regime that supports public safety, economic growth, and innovation. We conduct oversight of the transportation of dangerous goods to ensure that entities are following the Transportation of Dangerous Goods Act and regulations. We also conduct research on various types of tank cars or how different dangerous goods are reacting.
It's an agile, data-driven, risk-based organization. Our inspections are based on risk. We have 118 inspectors across the country, who will inspect all modes. Last year, we conducted over 4,000 multimodal inspections.
[Translation]
We have also enforced the law nearly 6,000 times.
:
If I understand the question correctly, you want to know why passenger trains do not have priority over freight trains.
[English]
As I referenced earlier in my comments, I think that in the corridors, in the Quebec City—Toronto area, there's a recognition that a dedicated passenger line is needed, for economic and safety reasons. The high-frequency rail project is being advanced to do that, and that would address the issue in the corridor.
Outside of the corridor, the infrastructure is owned by the railways, the main ones being Canadian National and Canadian Pacific Kansas City. They're the host railways, and they have agreements with tenant railways like Via Rail and others to use their infrastructure, subject to those agreements and conditions.
Mr. Marier, I am going to come back to the accident in Longueuil because I asked questions that, in my opinion, were not fully answered. You told me that they were still in the process of determining whether there would be an investigation or not. You also mentioned that, in order for us to know the cause of the accident, there had to be an investigation. Consequently, I did not understand whether there was a process, a mechanism or a way to require the railway companies to disclose what happened, so that people would know.
If there is no inquiry, how are people going to find out what happened in Longueuil and find out the causes of what obstructed the traffic in the city for an entire day?
I almost want to follow along on Mr. Bachrach's line of questioning with respect to key routes and risk assessment. As some of you are aware, I represent Canada's number one riding, Mission—Matsqui—Fraser Canyon, which also experienced the number one disaster in the history of Canada, the massive flooding and washouts of CN and CP rail lines in 2021.
Specifically, I'd like to request, as part of this study, that Transport Canada provide risk assessment information they've received from CN and CP railways regarding the Fraser Canyon. I reference the Fraser Canyon specifically, because these are rural and remote areas with small indigenous communities but some of the most dangerous parts of Canada's overall transportation network—going to the port of metro Vancouver, for example.
Just out of curiosity, with respect to the Fraser Canyon, what risk factors are in place to examine the potential impact on our iconic B.C. salmon stocks in those remote and rural areas?
You answered my second question in that answer as well, so thank you for that.
With respect to emergency preparedness, how does the TSB collaborate with provincial and municipal emergency response agencies to prepare for rail incidents involving dangerous goods?
I was a mayor for 14 years. We often had exercises with emergency preparedness as the theme, not only for the community at large but also within our team. In different instances, there were different teams.
Do you go through the same processes directly with municipalities to ensure that, if something does happen, you're ready for it right from the incident itself to the effects of that incident on the community and sometimes even the surrounding communities?
:
We actually have two recommendations on our watch list.
First, we need to make sure that crew members follow rail signals, otherwise trains can collide.
Second, we need to watch for uncontrolled movements, which can lead to catastrophic derailments, as we saw in the Lac-Mégantic accident.
I would say that those are two important risks, from our perspective.
I'm going to follow up on some the questions from my colleague from the NDP.
In my riding, I have the towns of Newcastle, Cobourg, Port Hope, Brighton and Colborne, among others, that are right along the railway. As I said, you drive by and you can see, on a regular basis, petroleum car after petroleum car going by.
In earlier testimony, you said in your evidence that in order to be a safe distance from a BLEVE event, it would have to be 1.7 kilometres, and that would have to be done in nine minutes.
Do you have any confidence that there's an evacuation plan in the town of Cobourg or could you table any evidence that the town of Cobourg has an evacuation plan if a BLEVE event happens?
:
You can see this causes concerns for all of my colleagues, including me.
You also said, in your evidence, that there are plans to handle an event. I understand that your department has worked hard to limit the number of occurrences, but really, with these types of incidents, as Lac-Mégantic demonstrated, it only takes one incident to kill 47 people and level 30 buildings.
Is it your evidence—did I understand it correctly—that the plans to deal with such an event aren't currently disclosed to first responders?
:
Thank you for the question.
Rail, from a safety and security perspective, is a highly regulated environment. There are multiple pieces of legislation with dozens of different regulations that layer upon railways' various expectations, requirements and obligations for safety and security. These range from track conditions to equipment, brakes and operating parameters and protocols.
As the regulator, our role is not to deliver for the railway companies on their regulatory obligations. We send inspectors to the field to make sure that they're meeting their obligations.
Thank you again, gentlemen, for being here today.
Mr. Chair, I'd like to move the following motion. I move that Transport Canada provide the committee with all emergency response assistance plans related to the rail transport of dangerous goods between Prince George and Prince Rupert, British Columbia, and the key route risk assessment for the same.
I'm certainly open to my colleagues amending it to add the geographies that concern them particularly.