Bill C-304: An Act to amend the Railway Safety Act and the Canadian Environmental Assessment Act, 2012 (transport of dangerous goods by rail)

Railway Safety Act Canadian Environmental Assessment Act, 2012 First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-304 An Act to amend the Railway Safety Act and the Canadian Environmental Assessment Act, 2012 (transport of dangerous goods by rail) FIRST READING, September 27, 2016 Ms. Duncan (Edmonton—Strathcona) 421238 SUMMARY This enactment amends the Railway Safety Act in order to specify that a railway company must not operate any railway equipment for the purpose of loading, transferring, transporting, offering for transport or storing dangerous goods above volumes or of classes specified by the regulations unless it has been specifically authorized to do so by the Minister of Transport in its railway operating certificate. It also amends the Canadian Environmental Assessment Act, 2012, in order to provide that the Minister of the Environment must designate a physical activity that poses a potentially significant risk to the environment, human life or public health. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-304 An Act to amend the Railway Safety Act and the Canadian Environmental Assessment Act, 2012 (transport of dangerous goods by rail) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. 32 (4th Supp.‍) Railway Safety Act 1 The Railway Safety Act is amended by adding the following after section 17.‍1: Dangerous goods 17.‍11 A railway company must not operate any railway equipment for the purpose of loading, transferring, transporting, offering for transport or storing dangerous goods above volumes or of classes specified by the regulations unless it has been specifically authorized to do so by the Minister in the railway operating certificate issued under subsection 17.‍4(1). 2 Section 17.‍4 of the Act is amended by adding the following after subsection (1): Public notice (1.‍1) When the Minister receives an application under subsection (1) or (3) requesting the authorization of an activity described in section 17.‍11, the Minister must (a) post the application on the Department’s Internet site; (b) publish a notice that invites the public to provide comments or raise concerns in relation to the application; and (c) send a notice that invites all municipalities that could be affected by the authorization of the activity to provide comments or raise concerns. Consideration (1.‍2) Before authorizing an activity described in section 17.‍11, the Minister must consider comments made or concerns raised under subsection (1.‍1). Designated physical activity (1.‍3) Before authorizing an activity described in section 17.‍11, the Minister, after consulting with the Minister of the Environment, must be satisfied either that the activity will not be designated under subsection 14(2) of the Canadian Environmental Assessment Act, 2012 or that any environmental assessment conducted under that Act in relation to the activity has been completed. 3 Subsection 17.‍9(1) of the Act is amended by adding the following after paragraph (a): (a.‍1) specifying the maximum volumes and prohibited classes of dangerous goods for the purposes of section 17.‍11; 2012, c. 19, s. 52 Canadian Environmental Assessment Act, 2012 4 Subsection 14(2) of the Canadian Environmental Assessment Act, 2012 is replaced by the following: Minister’s power to designate 14 (2) The Minister must, by order, designate a physical activity that is not prescribed by regulations made under paragraph 84(a) if, in the Minister’s opinion, the carrying out of that physical activity poses a potentially significant risk to the environment, human life or public health, or public concerns related to those risks may warrant the designation.‍ Request (2.‍1) Any person who believes that the physical activity would pose a potentially significant risk to the environment, human life or public health may file a written request to the Minister to designate the physical activity. Consideration of request and decision (2.‍2) When the Minister receives a request under subsection (2.‍1), the Minister must (a) within 15 days after the day on which the request is received, post the request on the Agency’s Internet site; and (b) within 120 days after the day on which the request is received, make a decision as to whether to issue an order designating the physical activity and post the decision on the Agency’s Internet site. Deemed decision (2.‍3) If the Minister does not make a decision in respect of the request in accordance with paragraph (2.‍2)‍(b), the Minister is deemed to have decided that the physical activity poses a potentially significant risk to the environment, human life or public health. Published under authority of the Speaker of the House of Commons