TRAN Committee Report

SUPPLEMENTARY OPINION OF THE OFFICIAL OPPOSITION,
THE NEW DEMOCRATIC PARTY OF CANADA

Standing Committee on Transport, Infrastructure and Communities

Review of the Canadian Transportation Safety Regime:
Transportation of Dangerous Goods and Safety Management Systems

Hoang Mai, Brossard—La Prairie; Isabelle Morin, Notre-Dame-de-Grâce—Lachine; and Mike Sullivan, York South—Weston

Introduction

On July 6^th, 2013, a 74-car runaway freight train carrying a deadly mixture of misclassified crude oil and volatile gases derailed, caught fire and exploded in Lac-Mégantic, Quebec – 47 lives were lost forever, 30 buildings were annihilated, a river and lake contaminated, and a town burned beyond recognition. The tragedy that struck Lac-Mégantic unfolded in a matter of hours. Unfortunately, the conditions that led to this devastation were much longer in the making, and entirely preventable.

Protecting the public is a core responsibility of government. The New Democratic Party of Canada believes that we must do everything in our power to ensure that tragedies, such as the one that occurred in Lac-Mégantic, Quebec, never happen again. It is for this very reason that the Official Opposition requested that the Standing Committee on Transport, Infrastructure and Communities (the Committee) undertake this essential study.

The NDP members of the Committee generally support the recommendations in the final report on the Review of the Canadian Transportation Safety Regime: Transportation of Dangerous Goods and Safety Management Systems. The members are appreciative of all the witnesses who took the time to share their perspectives and expertise to improve the safety of our transportation sector.

However, the NDP members are disappointed that essential recommendations have been omitted from the final report and feel compelled to issue a supplementary opinion to add key recommendations, raised by witnesses but not included in the report, in order to immediately improve the safety of Canadians. It is essential that the federal government heed their advice.

Better Transparency, Oversight, Enforcement and Emergency Preparedness

On February 5^th, 2015, the Chair of the Transportation Safety Board of Canada (TSB), Kathy Fox, issued a stark reminder for us all:  

“ "Who is the guardian of public safety?” And the answer is that, clearly, the regulator has a crucial role to play. Ideally, a government would implement regulations requiring all transportation companies to have formal safety management processes. And ideally, a government would oversee these processes in a balanced way, using a combination of inspections for compliance, and audits for effectiveness. What we found in Lac-Mégantic, however, was that Transport Canada did not provide adequate regulatory oversight to ensure the associated risks were addressed.’’
Kathy Fox, Chair of the TSB [i]

If the aftermath of the tragedy of Lac Mégantic, Canadians were heartbroken, they were angered that more was not done to prevent such a tragedy, and they remain fearful that it may happen again. It is the duty of this government to do everything in its power to identify the risks that remain in the transportation system, and uphold the highest standards to encourage a culture of safety across all modes of transportation.

This means the government must immediately implement necessary changes including a comprehensive review of existing legislation; it must strengthen regulations, increase inspections of companies and improve audits of safety-management systems.

Canadians expect their government to pursue justice, not just for the victims of this senseless disaster, but through their enforcement of standards across the entire transportation system, through their dedication to transparency and accountability of their own actions, and by bringing the full extent of the law upon those who violate safety regulations and who put Canadians at risk.

The Official Opposition recommends that:

1. the government establish an independent public inquiry into the transportation of dangerous goods by rail, to address unanswered questions and to better understand the causes leading to the disaster of Lac-Mégantic, so as to prevent any further tragedies;  
2. the government pursue a comprehensive review and update of transportation safety legislation including the Canada Transportation Act, and the Railway Safety Act;
3. the government provide the necessary resources to Transport Canada so that it has the needed number of inspectors and auditors to fulfill its oversight function;
4. the government ensure that companies are not solely responsible for their own safety inspections, and that it treat SMS as an additional layer of safety, rather than a replacement for Transport Canada’s oversight, regulations, inspections and audits;
5. Transport Canada identify and develop a strategy to ensure that it has the needed number of inspectors and auditors with the necessary skills and competences required to plan and conduct oversight;
6. Transport Canada perform unannounced, routine and risk-based inspections and oversight;
7. Transport Canada ensure that stiff penalties and fines are enforced upon companies contravening to safety and security regulations, and that such fines be published;
8. Transport Canada disclose publicly when exemptions are granted to transportation companies for safety and security regulations, along with the department’s justification for granting the exemption;
9. the government work with municipalities and first responders to ensure they have the information, training and resources they need to protect the public in case of an emergency; and
10. the government reduce the length of time to act on TSB recommendations, including:

    “In all transportation modes, those companies that do have SMS must, in turn, demonstrate that it is working—that hazards are being identified and effective risk mitigation measures are being implemented.

    Finally, when companies are unable to effectively manage safety, Transport Canada must not only intervene, but do so in a manner that succeeds in changing unsafe operating practices.” [ii]

Rail Transportation

Twelve years after deregulating rail safety through the safety management regime, the federal government cannot ensure the safety of Canada’s railways. This has been confirmed by the Auditor General in 2013 and by numerous witnesses during this study.

“We've made it very clear today that the safety management system doesn't exist. There is no safety culture. It is not safe.”
Mr. Phil Benson, Lobbyist, Teamsters Canada

“Concerns have also been expressed that SMS allows companies to regulate themselves, in the process removing the government’s ability to protect Canadians and their environment and making it possible for the industry to hide critical safety information from the government and the public.”
Mr. Emile Therien, Past President, Canada Safety Council, As an Individual

The Official Opposition expects the government to give regular updates to the public on its progress in implementing the commitments it has made to improve legislation, regulations, and oversight. Making legislative and regulatory changes has little effect in terms of protecting the public unless the announced safety standards are actually implemented and enforced.

To this end, it is recommended that:

1. the government expedite the introduction of enhanced protection standards for rail tank cars used for the transportation of flammable liquids that adequately address the proven safety deficiencies with DOT-111 tank cars and the CPC-1232 standard;[iii]
2. the government set stringent criteria for the operation of trains carrying dangerous goods, and require railway companies to conduct route planning and analysis, and perform risk assessments, and that such risk assessments be made public, to ensure that risk-control measures are effective;
3. Transport Canada require railway companies carrying dangerous goods to use routing that provides greater safety to a greater number of people, and where risk can be mitigated by reductions in speed, railway companies be required to operate at speeds which provide the greatest safety;
4. the government ensure the application of policies and procedures allowing employees to report safety contraventions and hazards to the railway company without fear of reprisal;
5. the government ensure that railway companies apply the principles of fatigue science to their employee scheduling processes;
6. the government ensure a more robust CANUTEC service and require railway companies to provide product and shipper information to CANUTEC or local responders directly upon request without delay;
7. on-board voice and video recordings are to be used only in the event of an accident and not for disciplinary purposes; and
8. Transport Canada implement new grade crossing regulations, develop enhanced standards or guidelines for certain types of crossing signs, and assess crossing safety and funding improvements. A comprehensive solution must also include consultation with provincial and municipal authorities and further public driver education on the dangers at railway crossings.

Air Transportation

It is recommended that:

1. Transport Canada implement regulations requiring all operators in the air industry to have formal safety management processes, and that Transport Canada oversee these processes; [iv] and
2. before Transport Canada adopts a regulatory change on the ratio of one flight attendant for every 40 passenger seats, the Committee conduct a study and allow all stakeholders the opportunity to present evidence to substantiate their views, in order to ensure that passenger safety is not compromised.

Marine Transportation

It is recommended that:

1. the government review whether more stations are required to respond to current threats to ensure that the St. Lawrence estuary has sufficient coast guard service capacity to respond to emergencies;
2. the government ensure that the federal agencies are better prepared to coordinate and respond to a dangerous good spill; and
3. Transport Canada implement regulations requiring all operators in the marine industry to have formal safety management processes, and that Transport Canada oversee these processes. [v]

Conclusion

The New Democratic Party of Canada would like to thank all of the witnesses who provided their expertise, knowledge, and insight into how to improve the Canadian transportation safety regime. Their testimony is invaluable and the Official Opposition will continue to push the federal government to implement the recommendations heard. 

Upon conclusion of this study, the NDP knows that the reforms needed to ensure the safe transportation of dangerous goods in Canada have not all been implemented. There is more we can do to continually improve safety management systems, oversight and enforcement. This will remain a top priority for the New Democratic Party of Canada.

Canadians have the right to the highest level of protection, and deserve assurances that our entire transportation network is safe. When it comes to the safety of our communities and our families, we should expect nothing less.