National Post

Rewrite act for roads, skies, tracks, seas: report

DEVELOP REGULATORY FRAMEWORK FOR SELF-DRIVING CARS

- Kristine Owram

Foreigners should be allowed to own a greater portion of Canada’s airlines and a revenue cap on railways’ grain shipments should be eliminated, according to a sweeping review of Canada’s transporta­tion industry tabled in Parliament Thursday.

Led by David Emerson, a floor- crossing minister who served in both Paul Martin’s and Stephen Harper’s government­s, the 283- page review proposes a comprehens­ive reform of the Canada Transporta­tion Act, which governs the country’s railways, roads, airlines and marine transport.

The most notable recommenda­tions address concerns that have been raised by private transporta­tion companies and, if adopted, could affect Canadian travellers, shippers and farmers.

Transport Minister Marc Garneau said he “will carefully consider” the report’s findings and will begin consultati­ons with stakeholde­rs in the coming weeks.

In the airline sector, the review recommends that Ottawa increase foreign ownership limits for commercial airlines to 49 per cent from their current level of 25 per cent to help foster more competitio­n.

“Small, privately held carriers, prospectiv­e start- ups, industry analysts, and others report that the 25- per- cent foreign ownership limit is a barrier to entry: in contrast to larger markets like the U.S., there may not be enough capital in Canada to finance 75 per cent of a new national carrier,” the report says.

WestJet Airlines Ltd. said in a statement the current 25-per-cent limit is “adequate” and any increase should be met with a correspond­ing increase south of the border. “Make it reciprocal, because if a U. S. carrier has the opportunit­y to buy up to 49 per cent of a Canadian airline, we’d like the opportunit­y to buy 49 per cent of a U. S. airline,” WestJet CEO Gregg Saretsky told the Financial Post in a recent editorial board meeting.

Air Canada declined to comment.

Emerson’s review also addresses the movement of grain by rail, a topic that has generated significan­t controvers­y in recent years. A record harvest in 2013, combined with a nasty winter, resulted in a huge backlog of grain as the railways struggled to keep up. This led to government-mandated minimum quotas and fines against Canadian Pacific Railway Ltd. and Canadian National Railway Co.

The railways have also argued that the existing grain revenue cap, which determines the maximum amount they can earn each year from hauling grain no matter how big the harvest, discourage­s capital investment.

Emerson proposes phasing out the grain revenue cap within seven years, and “modernizin­g” it in the meantime. Created in 2000, the cap “was assumed to be short-term,” the review says.

The Western Canadian Wheat Growers Associatio­n said the recommenda­tion raises “red flags,” and argued “some form of rate regulation … will likely still be necessary in seven years, given the lack of competitio­n among railways and the lack of alternativ­e market channels for large segments of the Prairie farm economy.”

CP and CN both declined to comment.

Here are some of the other key recommenda­tions in the Transporta­tion Act review: ❚ Allow for private investment in larger airports by moving within three years to a share- capital structure with equity-based financing; ❚ Make airline passenger fees more competitiv­e by linking them to the provision of services and infrastruc­ture; ❚ Make passenger screening more efficient with an intelligen­ce- driven, risk- based screening process; ❚ Encourage private investment in ports; ❚ Develop a regulatory framework for self- driving cars that’s harmonized with U.S. legislatio­n; ❚ Expand rules for transporti­ng dangerous goods by rail to require shippers of goods like chlorine and ammonia to pay levies and carry extra insurance; ❚ Separate freight and passenger rail networks through collaborat­ion with provincial and municipal government­s; ❚ Develop a long-term transporta­tion i nfrastruct­ure plan with a continuous­ly updated list of high- priority infrastruc­ture needs over the next 20 to 30 years.

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