Strengthening the Port System and Railway Safety in Canada Act

C-33 (44)

LEGISinfo Bills

Strengthening the Port System and Railway Safety in Canada Act

C-33 (44)

LEGISinfo Bills

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

Short title: Strengthening the Port System and Railway Safety in Canada Act Bill C-33 (44-1) Status: At report stage in the House of Commons Type: House Government Bill Sponsor: Anita Anand, Minister of Transport (Oakville) Latest stage: Second reading Legislative

summary <div>A legislative

summary is currently being prepared for this bill by the Parliamentary Information, Education and Research Services of the Library of Parliament. Meanwhile, the following executive

summary is available.<br/><br/>On November 2022, the Minister of Transport introduced Bill C-33,

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 (Strengthening the Port System and Railway Safety in Canada Act), and it was given first reading. <br/><br/>Bill C-33 amends several Acts in order to strengthen the port system and railway safety in Canada.<br/>The enactment amends the Customs Act to require that, on request, any person in possession or control of imported goods make those goods available for examination in accordance with regulations and deliver those goods, or cause them to be delivered, to a secure area that meets the requirements set out in regulation.<br/>The enactment also amends the Railway Safety Act to, among other things,<br/>(

a) add a definition of “safety” that includes the concept of security;<br/>(

b) prohibit interference with any railway work, railway equipment or railway operation, or damage or destruction of any railway work or railway equipment, without lawful excuse, in a manner that threatens the safety of railway operations;<br/>(

c) prohibit behaviour that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment and unruly behaviour toward employees, agents or mandataries of a company;<br/>(

d) authorize the Minister to order a company to take necessary corrective measures if the Minister believes that<br/>(

i) a measure taken by the company in relation to a requirement of a regulation made under subsection 18(2.1) has deficiencies that risk compromising the security of railway transportation,<br/>(ii) the security management system developed by the company has deficiencies that risk compromising railway security, or<br/>(iii) the implementation of the company’s security management system has deficiencies that risk compromising railway security;<br/>(

e) authorize the Minister to grant, refuse to grant, suspend or cancel a transportation security clearance;<br/>(

f) strengthen the administrative monetary penalty regime; and<br/>(

g) require a review of the operation of the Act every five years.<br/>The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,<br/>(

a) require persons who import, offer for transport, handle or transport dangerous goods to register with the Minister;<br/>(

b) provide to the Minister powers relating to the management of safety risks; and<br/>(

c) establish an administrative monetary penalty regime.<br/>The enactment also amends the Marine Transportation Security Act to, among other things,<br/>(

a) set out the Act’s purpose and allow the Minister of Transport to enter into agreements with organizations in respect of the administration and enforcement of the Act;<br/>(

b) set out regulation-making powers that include powers respecting threats and risks to the health of persons involved in the marine transportation system, the sharing of information and the establishment of vessel exclusion zones;<br/>(

c) authorize the Minister to make interim orders and give emergency directions and modify the Minister’s power to give directions to vessels; and<br/>(

d) create new offences, increase certain penalties and extend the application of certain offences and the administrative monetary penalty regime to vessels.<br/>The enactment also amends the Canada Transportation Act to, among other things,<br/>(

a) specify that the Minister may use electronic systems in making decisions or determinations under

an Act of Parliament that the Minister administers or enforces and provide that a power of entry into a place under such

an Act may be exercised remotely by means of telecommunications; and<br/>(

b) reduce the threshold above which the Minister and the Commissioner of Competition must receive notice of proposed transactions relating to a port.<br/>The enactment also amends the Canada Marine Act to, among other things,<br/>(

a) set out that port authorities are responsible for management of traffic and create regulatory authorities respecting fees and information and data sharing in respect of that management;<br/>(

b) provide the minister with the power to require, by order, the taking of measures to prevent imminent harm to national security, national economic security, or competition; and<br/>(

c) require port authorities to establish advisory committees, including an Indigenous advisory committee, require periodic assessments of port authorities’ governance practices and set out new requirements respecting plans and reports relating to climate change.<br/>Finally, it makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.</div> House of Commons — First reading: Completed (2022-11-17) House of Commons — Second reading: Completed (2023-09-26) House of Commons — Consideration in committee: Completed (2024-02-07) House of Commons — Report stage: Not completed Full bill text is not included in the LEGISinfo JSON export.

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Document details

CollectionLEGISinfo Bills
CitationC-33 (44)
Typebill
Volume / chapterC-33 (44)
Languageen
Formatjson
SourceLEGISINFO
Identifier047c1ae6a7da2fb738a9ee205ab29390456cc022

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