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Transportation Modernization Bill

Bill to Amend—Message from Commons—Motion for Concurrence in Commons Amendments and Non-Insistence Upon Senate Amendments—Debate Adjourned

May 7, 2018


The Honorable Senator Pamela Wallin:

Honourable senators, I would like to add my voice to the mounting concerns of senators regarding the message sent by the House of Commons to the chamber last week regarding Senate amendments to Bill C-49.

Senators made common sense amendments to the government’s bill to amend the Transportation Act. We had a long list, but we put water in our wine. Unfortunately, the government, it seems, is not so open-minded.

My main concern, as I’ve spoken about many times, are the provisions regarding grain transportation and how the delay has made a bad situation worse for grain farmers across Western Canada because of the unpredictability, if nothing else. Farmers can’t get their grain to market and this is, of course, due in part to the government’s action to include grain transportation provisions in an omnibus-type bill with other unrelated matters in this bill.

It has resulted in a potential repeat of 2013-14, a crisis where $5 billion was ripped out of the western Canadian economy. The fear of a repeat came into sharp relief for many last week when a fertilizer company, Nutrien, said they were temporarily laying off up to 1,300 workers at two potash mines. They laid blame on the transportation backlog in the rail system and the possibility of a strike at CP Rail.

Saskatchewan Premier Scott Moe echoed the frustration of those who have experienced two rail backlogs in four years, meanwhile dealing with the potential of no Trans Mountain pipeline expansion.

As honourable senators can imagine, people in my province are anxious and desperately want the federal government to act on these issues — and the government has failed them. It had the option to work through an order-in-council. The government had its chance to extend the sunset clause in a bill passed in the last Parliament. The Fair Rail for Grain Farmers Act had a built-in clause allowing ministers to issue an order-in-council and extend the provisions for a year.

Now, I know the new government, when it was elected, extended it once, but in the face of another potential crisis, they opted instead to introduce this omnibus-type transportation bill and ignored the farmers’ pleas to extend the provisions.

In reality, farmers needed the government to act months ago. We are now faced with the fact that the government has rejected a number of commonsense amendments, although accepting some that will be helpful.

I won’t dwell on the amendments regarding the air passenger bill of rights. That’s been dealt with. But it does concern me that this bill leaves decisions about these issues much to the discretion of the minister. The constitutional role we bear as senators gives us an opportunity and the longevity and continuity, regardless of changes in government, to bring long-term views to the table.

This is a critical aspect of our parliamentary democracy and what I see as a bit of an erosion of our independent organizations, such as the CTA, has taken place over time. It’s not limited to this government, but it is a shame that it’s happening and we don’t want to see Canadians lose trust in these organizations or to see them politicized.

These concerns are important ones, but I want to reiterate that my core concern is about the grain farmers in my province. As I’ve said many times in this chamber, farmers need the government’s action to help get their grain to market. It doesn’t work any other way.

I strongly disagree with how this bill has been dealt with. It’s disappointing to hear ministers accuse senators of taking too long to review and debate the bill when it was their government and decision that presented it in an omnibus form that made it necessary to amend and that that job took a little bit longer than perhaps they liked.

Our job in the Senate is sober second thought. It is our responsibility to review legislation before us, and when that legislation comes in a complicated bill, it will take longer.

With the list of rejected amendments before us and while importantly retaining our constitutional rights as a complementary body, I believe we will likely end up deferring to the government to make policy, even though I believe it’s bad policy and a flawed bill. But it is critical for action for the sake of our farmers.

I ask the government to get on with the job of supporting Western farmers and please get the grain moving.

Thank you.

 

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