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
Sponsor: Anita Anand, Minister of Transport (Oakville)
Proposed changes
On 17 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.
Bill C-33 amends several Acts in order to strengthen the port system and railway safety in Canada.
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.
The enactment also amends the Railway Safety Act to, among other things,
- add a definition of “safety” that includes the concept of security;
- 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;
- 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;
- authorize the Minister to order a company to take necessary corrective measures if the Minister believes that
- 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,
- the security management system developed by the company has deficiencies that risk compromising railway security, or
- the implementation of the company’s security management system has deficiencies that risk compromising railway security;
- authorize the Minister to grant, refuse to grant, suspend or cancel a transportation security clearance;
- strengthen the administrative monetary penalty regime; and
- require a review of the operation of the Act every five years.
The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,
- require persons who import, offer for transport, handle or transport dangerous goods to register with the Minister;
- provide to the Minister powers relating to the management of safety risks; and
- establish an administrative monetary penalty regime.
This is shortened to the first five points. The bill itself covers more.