TRCM - Standing Committee

Transport and Communications

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37-1 37th Parliament, 1st Session (January 29, 2001 - September 16, 2002)
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Proceedings of the Standing Senate Committee on
Transport and Communications

Issue 6 - Third Report of the Committee

Thursday, May 3rd, 2001

The Standing Senate Committee on Transport and Communications has the honour to present its

THIRD REPORT

Your Committee, to which was referred Bill S-3, An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Wednesday, February 7, 2001, examined the said Bill and now reports the same with the following amendments:

1. Page 6, clause 6 : Replace line 9 with the following:
"spection, entry on premises and the provision of information;".

2. Page 8, clause 9:
(a) Add after line 26 the following:

"ANNUAL REPORT

25. (1) The Minister shall prepare an annual report and cause a copy of it to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister completes it.

(2) The annual report of the Minister shall contain the following in respect of the year:

(a) the available statistical information respecting trends of highway accidents in Canada involving motor vehicles operated by extra-provincial bus undertakings and extra- provincial truck undertakings reported separately for bus undertakings and truck undertakings; and

(b) a progress report on the implementation of rules and standards respecting the safe operation of extra-provincial bus undertakings and of extra-provincial truck undertak ings."; and

(b) Replace line 27 with the following:

"26. (1) The Minister shall, after the expiry".

3. Page 9, clause 9: Add after line 5 the following:
"(3) The Minister shall cause a copy of the report to be laid before each House of Parliament during the first thirty sitting days of that House following its completion."

Your committee also made certain observations, which are appended to this report.

Respectfully submitted,

LISE BACON

Chair

OBSERVATIONS
to the Third Report of the
Standing Senate Committee on
Transport and Communications

Comments on Bill S-3, An Act to Amend the Motor Vehicle Transport Act

In considering this bill, the Committee heard from a number of witnesses including the Minister of Transport, several organizations representing different direct interests in highway transportation, from shipper groups, from Transport Canada officers and from an individual who had worked as a truck driver.

The purpose of S-3 is to shift the Motor Vehicle Transport Act from its previous focus on economic regulatory matters to one of safety. Generally, the responsibilities for extra provincial road transport remain delegated to the provinces as before, but safety certificates issued as a requirement for the carriers involved will depend on a certain level of compliance with the National Safety Code, the 15 part standard governing a number of commercial vehicle operational matters that has been drawn up jointly between the provinces, territories and the federal government.

The Committee is concerned that the time frame for the implementation of the standards in this code is falling short of what some provinces had promised to do. Although the bill contains measures to encourage provinces to be vigilant in this matter, things are clearly falling behind schedule. This concern is reflected in amendments which the committee has made to the bill. One calls for annual reports of commercial vehicle accident statistics to be made by the Minister to Parliament, the other calls for the results of the four year mandatory review of the new act also to be brought directly to the attention of Parliamentarians.

The Committee heard much concern about the matter of hours of service, or put in its simplest terms, the rules which govern how long a truck driver can stay behind the wheel without getting some rest. There is concern that some of these maximum permitted hours are too long. Added to this were some practical concerns about night driving, excessive waiting times for loading and unloading, and general worries about working conditions. Some of these concerns will be matters to be covered under new or revised regulations under this bill. To the extent that they are, this committee urges the government to examine all proposed regulations most meticulously, with a view to ensuring not only that they contribute as much to safety as can reasonably be expected, but that they are also as consistent as possible with fostering a fair, tolerant and safe work environment.

Finally the Committee wishes to re-iterate its concerns about lack of progress in the implementation of the National Safety Code. It believes that full implementation of this code can make a significant contribution to road safety in Canada, and encourages all parties involved to intensify their efforts to bring about such full implementation.