Bill C-52

Enhancing Transparency and Accountability in the Transportation System Act

An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act

Part 1 of this enactment enacts the Air Transportation Accountability Act , which creates a statutory framework to increase transparency and accountability in the air transportation sector, including by
(a) establishing requirements respecting the provision of information to the Minister of Transport by airport operators, air carriers and any entity providing flight-related services;
(b) requiring that airport operators take measures to help Canada meet its international obligations in respect of aeronautics, in accordance with directions issued by the Minister of Transport;
(c) authorizing the Governor in Council to make regulations respecting the development and implementation of service standards related to flights and flight-related services, including a dispute resolution process in respect of their development and publication requirements for information related to compliance with those standards;
(d) establishing requirements in respect of noise management committees and setting out notice and consultation requirements relating to aircraft noise;
(e) establishing requirements for airport authorities to create plans respecting climate change and climate change preparedness and authorizing the Governor in Council to make regulations respecting reporting requirements for those plans;
(f) requiring airport authorities to publish information respecting diversity among directors and senior management;
(g) providing a process by which to make complaints respecting notice and consultation requirements in relation to aircraft noise; and
(h) providing for an administration and enforcement mechanism that includes an administrative monetary penalty framework.
Part 2 amends the Canada Transportation Act to, among other things,
(a) authorize the Governor in Council to make regulations requiring certain persons to provide information for the purpose of supporting a transportation system that is accessible without undue obstacle to the mobility of all persons;
(b) allow the Minister of Transport and the Canadian Transportation Agency to make this information public; and
(c) authorize the Governor in Council to make regulations respecting a process for dealing with complaints relating to accessibility in relation to the transportation of persons with disabilities.
Part 3 amends the Canada Marine Act to, among other things,
(a) add principles that a port authority must observe when fixing port fees and a fee-related complaints process that is to be administered by the Canadian Transportation Agency;
(b) authorize the Governor in Council to make regulations respecting alternative dispute resolution in regards to disputes arising in respect of a lease relating to the operation of a port terminal; and
(c) allow the Agency to make rules respecting the fees to be paid in relation to the administration or enforcement of any provision of Part 1 of that Act, or the regulations under that Part, the administration or enforcement of which is the responsibility of the Agency.

Enhancing Transparency and Accountability in the Transportation System Act

[Parm Bains, Liberal, Steveston—Richmond East, BC]

Madam Speaker, I will be sharing my time with the member for St. Catharines. I want to begin by acknowledging that we are gathered today on the traditional, unceded territory of the Algonquin and Anishinabe peoples.

I am very pleased to be speaking about the topic we are discussing today, enhancing transparency and accountability for port fees. I will be talking about that.

Canada's ports are vital hubs in our country, in our supply chains and in all aspects of the transportation system. They are a vital part for my home province of British Columbia and our port network, which contributes over 30% of Canada's economy.

The transportation system is in some way connected to the operations that happen at ports every day. Ports help grow our economy, create good jobs for Canadians, deliver goods and support Canada's growing export industry. When our port system works well, it plays a crucial role in helping keep life affordable for Canadians and stores full of consumer products.

There are 17 Canada port authorities that manage our country's most strategic ports. While these port authorities are federal entities, they operate at arm's length from the government in a commercially oriented and financially self-sustaining manner. They also fulfill important public policy objectives, such as supporting national economic development and performing many regulatory functions relating to safety and environmental protection.

An independent board of directors is responsible for managing port activities. This includes ensuring that port planning and operations are made firmly within the public interests, meaning that the projects they embark upon and the decisions they make help ensure affordability for Canadians. Port authorities provide port facilities and offer services to port users; acting as landlords, they lease out port operations to private terminal operators.

For over 20 years, this governance model has served Canada well. It has provided Canadians with world-class services while ensuring that capacity grew in support of Canada's economy in a gradual and financially sustainable manner.

Ports are key gateways in the transportation system, and Canadians rely on them to get the goods they use and consume, as well as to get their products to domestic and international markets. However, as inflationary pressures strain Canadian pocketbooks and make life more expensive, Canadian companies and transportation industry stakeholders are concerned about the rising costs to move goods and do business, including fees that are charged by service providers, such as ports, as well as lease arrangements for the operation of terminals.

As Canada port authorities are part of the federal family and manage key public assets, there are opportunities to improve, to strengthen the governance framework, to make these entities more transparent in their operations and decision-making, and to make sure port users have a voice. Ports need to modernize approaches to enable them to thrive in an increasingly complex environment and be able to align their national mandate with local realities.

As we know, our government tabled Bill C-33, the strengthening the port system and railway safety in Canada act. This would amend the Canada Marine Act, among other acts, to promote transparency in port planning and operations and to position the ports for success well into the future.

The Canada Marine Act amendments in Bill C-52 would provide a framework to reinforce port authorities' due diligence and foster more responsible planning and decision-making, building on the reporting and transparency measures put forward in Bill C-33. Enhancing public engagement, accountability and oversight is a key objective at the core of the government's approach to ensuring greater transparency at Canada port authorities.

It is with this perspective that Bill C-52's reforms to the Canada Marine Act would establish new processes focusing on port fee setting and establishing recourse mechanisms for those impacted by port decisions. These new measures would build on what already exists under the Canada Marine Act and expand the provisions to foster greater accountability and consistency in the marine sector.

The first proposal in the bill aims to establish a modernized framework to govern how the port fees are developed and implemented, and establish a complaint process. There is a need to ensure a stronger connection for port users, and for Canadians more generally, on how a port sets a fee. Just as important, when there is a concern about how fees are set and charged, that a process is in place for raising a complaint.

Amendments would establish fee-setting principles to provide port users and stakeholders greater clarity and better understanding of how port fees are set, which would support a consistent and standardized approach across all Canada port authorities. Some stakeholders have raised concerns about a lack of clarity when it comes to how port fees are established and this provision would directly solve the problem.

While I understand there may be some initial concern about how this standardization could impact the ability of ports to continue to pursue transportation infrastructure projects off port lands or even to advance community-based initiatives that are vital to helping ports be good neighbours to the communities in which they operate, I am confident that the measures I am bringing forward for the consideration of members today are sufficiently broad so as to enable ports to fix their fees and spend some of the revenues on these types of initiatives. It is not the intention of this government to constraint the ability of the ports to do the work they do for our country's trade and economy; it is about principles of fairness, transparency and accountability.

The port authorities would need to adhere to these principles, as well as an explicit methodology established and published by the port authority, when setting their fees. To support the capacity of ports to generate revenues, the principles would require that port fees be set at levels that allow the authority to operate on a self-sustaining financial basis and be fair and reasonable.

In addition to the new fee-setting principles, an associated public notice requirement would be established that would provide a formal public consultation process for any port user or stakeholder to raise concerns with a port authority. This would ensure their views are acknowledged in the entire process and provide greater accountability for fee-setting decisions made by port authorities.

In addition, the bill would establish a process where people who made written representations during the consultation process may file a complaint with the Canadian Transportation Agency if they believe a port authority did not comply with the fee-setting principles or the public notice requirements. If the complaint is well founded, the proposed amendments would then enable the agency to order a Canada port authority to cancel the establishment or revision of the fee in question, reinstate the previous fee, provide refunds, reconsider the fee or take any other measure it would consider appropriate. This would help ensure that corrective measures are in place to respond to complaints when necessary.

This will reinforce the rigour and integrity of how fees are set by Canada port authorities. It will maintain the key principle of financial self-sufficiency for port authorities and their ability to generate revenues needed for future developments and investments that support port operations, including those outside the ports, while reinforcing their need to be responsive to users and transparent in the conduct of their activities.

The proposed approach to fee setting is not new for transportation services providers. It is consistent and aligns with the processes already established for pilotage authorities and Nav Canada, which are two entities that also have significant transportation public policy goals in the government's portfolio. The processes have provided both the entities and their users with more clarity in how fee-setting decisions are made as well as clear grounds for objections.

The second proposal in Bill C-52 would enable the government to make regulations establishing an alternative dispute resolution process for lease disputes that might arise between a port authority and port user with respect to leases for the operation of terminals at ports. This would help build fairness and transparency into the relationships shared by ports and their tenants. This may include a role for the Canadian Transportation Agency to administer and oversee the processes.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Cariboo.

The reality is, and I mentioned this to a Liberal colleague earlier, the Liberal government was really asleep at the switch when it came to transport. I know many people were avoiding, for instance, the Toronto Pearson International Airport because there were difficulties.

As I understand it, a backlog of 60,000 complaints remain. I remember experiencing travel issues. I was probably one of many millions of Canadians. As I said, the Liberals have been asleep at the switch, so how can we trust them to eliminate and deal with these 60,000 complaints when they cannot seem to get anything right after eight years in government?

[Parm Bains, Liberal, Steveston—Richmond East, BC]

Madam Speaker, during the port modernization review, we heard from many stakeholders. I heard from representatives in the trucking industry who welcomed these changes. They look forward to ensuring there is more transparency in what is being set forward, so they can have arguments to pose with regard to the fees set before them.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I wonder if my colleague finds this somewhat strange. While the Conservatives were in government, they did absolutely nothing to support airline passengers. Now that they are in opposition, they are voting against legislation that would support air travellers.

It is enabling legislation that would establish a framework to provide for a higher sense of accountability, efficiencies and transparency that will benefit air travellers.

Does the member not agree that the Conservatives should, at the very least, support the legislation and allow it to go committee?

[Parm Bains, Liberal, Steveston—Richmond East, BC]

Madam Speaker, I am surprised. I spoke about transparency and accountability, the ability to bring complaints forward, to look at measures and bring arguments forward in a clear way.

I have heard from agriculture producers. They have looked at measures in the bill that could improve how they get their exports out, and fees, if set in a certain way, that would be detrimental to their industry. I am hope members opposite are not limiting the voice of farmers and agriculture producers by not voting in favour of this legislation.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, we know things have not gone back to normal since the pandemic, and we are a bit in the pandemic.

There is no accountability for these big airlines. We know that travelling is still an issue. We know that passenger rights are still not being upheld. I know the member is talking about more accountability, but the Liberal government has really failed to improve things.

I know my hon. colleague has spoken about the vast improvements that have been made. I wonder if he would agree with me that we continue to have a long way to go to really uphold the rights of passengers.

[Parm Bains, Liberal, Steveston—Richmond East, BC]

Madam Speaker, there is always more work to be done. We need to continue to chip away at this, and that is what this bill would do.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Madam Speaker, it is wonderful to rise today on Bill C-52 brought forward by the Minister of Transport. I was his parliamentary secretary when he was the heritage minister. We went through a couple of other pieces of legislation, but it is excellent to be here to speak to this legislation today.

After the 2019 election, I had the fortune of being the parliamentary secretary to the minister of transport, Minister Garneau. It was an unfortunate time to be the parliamentary secretary as we, due to COVID-19, had to see almost the entire sector close. We are still dealing with the impacts of that three years later.

This legislation is fundamentally important. At times, it may seem technical, and this may not be legislation that garners the most excitement and the fiercest debate in this place, but it is important. The legislation would improve Canada's transportation sector in terms of its efficiency, accessibility and accountability. The air transportation accessibility measures would lead to improved passenger experience.

I know you and I, Madam Speaker, seem to find each other at Pearson airport a lot. We seem to be on the same travel itinerary coming to this place. Many other members and Canadians have experienced the air transportation sector and have been rightfully disappointed in their experiences. As I mentioned, with respect to COVID-19, the pandemic and the labour issues, the ripples they have had throughout the entire system have been shocking, and we still see that.

The last few years have been incredibly difficult. I know many of us, except those who are fortunate enough to represent the national capital region and are able to head home to their own beds at night, have to get here by plane. We understand the frustration that Canadians are experiencing. They have saved money for a family trip only to spend additional time at the airport because of cancelled flights or delays.

It is fundamentally important, as we head into another busy travel season, to keep in mind that we have seen how disruption in one part of the system can have effects across the entire network. Together, the measures in the proposed legislation will help create a more accountable, transparent and accessible national transportation system that meet the needs of Canadians. That is what we want to see.

It is unfortunate that we see some members of the opposition throwing a bit of shade this way, but we are used to that. However, as my colleague pointed out, after 10 years of being in government, the Conservatives did nothing on the file. We brought in regulations, the passenger bill of rights, but we see that more needs to be done. We are willing to roll up our sleeves and do that work to ensure there is transparency and accountability, not just with airlines but across the system.

It is something that is fundamentally important to this government and the minister to ensure that when Canadians do go on that vacation, which they have saved hard for, they have an enjoyable experience at our nation's airports. At the best of times, even a positive, on-time airport experience will not be the best part of our vacation experience or our time getting to Ottawa, but it is important we ensure that Canadians are looked after when they head to the airport for those important vacations.

Bill C-52, as I mentioned, would create a more efficient, transparent and accountable system in three parts.

Part 1 would introduce the air transportation accountability act, which would ensure shared accountability by permitting the creation of regulations requiring airports and other operators within airports to create service standards for their part of the journey. Examples could include how long it should typically take for a bag to arrive on the carousel or expected wait times to enter security screening.

Operators would also be required to publish their performance against these standards. The primary enforcement mechanism would be the obligation to publish standards and compliance with those standards. The precise publishing obligations would be established in the regulations, and failure to publish in accordance with the requirements could lead to the application of monetary penalties.

It seems that, unfortunately, my time is up, which may bring some applause from the opposition, but I appreciate the opportunity to speak today.

The House resumed consideration of the motion that Bill C-52, An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act, be read the second time and referred to a committee.

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, I will be splitting my time with the hon. member for Kelowna—Lake Country.

Today, I stand to discuss Bill C-52, a piece of legislation that, at its core, aims to address the complexities and inefficiencies plaguing our air transportation system. This bill, introduced in the final hours of the spring session, came on the heels of what can only be described as a disastrous period for Canadian air travel: a summer and a Christmas season marked by unprecedented disruptions and dissatisfaction among air travellers.

While the introduction of Bill C-52 appears to be a step toward rectifying these issues, we must critically assess whether this legislation as it currently stands truly holds the potential to bring about meaningful change. The bill proposes to set service standards for entities within the air travel sector and enforce stricter regulations. However, it is important that we look at the details of this bill, or the lack thereof.

It is clear that the government is attempting to show action, yet we have to ask ourselves this: Is this action substantial, or is it merely a facade? The backlog of complaints at the Canadian Transportation Agency, or CTA for short, is a glaring issue, ballooning to over 60,000 complaints, with passengers waiting over 18 months for resolutions. This bill, however, would not address this critical problem. It would fail to set explicit service standards for the CTA, leaving thousands of Canadians without a timely solution to their grievances. Moreover, the manner in which industry service standards would be defined raises concerns. The bill would leave much of this to future regulations and consultations, which could potentially result in standards that favour the industry and the Liberal government rather than passengers. The lack of clarity about which entities would be covered by this bill and the exclusion of key players such as the Canada Border Services Agency only add to the uncertainty.

The power that the bill would vest in the minister and cabinet to develop future regulations is troubling. It suggests a hesitance to take decisive action now and, instead, a preference to leave critical decisions for later. This approach does not inspire confidence that the issues at hand would be resolved promptly or effectively by the current Liberal government. We must question whether Bill C-52 would be the robust solution that Canadian air travellers desperately need.

The introduction of Bill C-52 serves as a response to the air travel blunders under the current Liberal government, but the contents of the bill lead to more questions than answers. First, let us consider the backdrop against which this bill has been presented.

We witnessed not just one, but two travel seasons of chaos. Passengers across the country faced cancellations, delays and a customer service nightmare. The response is this bill, which seems more focused on regulatory processes than on delivering immediate relief to the Canadian traveller. While the bill proposes standards for services and operations in our airports, these standards are left undefined, to be shaped by future regulations. This vagueness would do little to instill confidence in a swift resolution to the problems at hand. The bill gives the impression of action; however, in reality, it would defer the most critical decisions, leaving travellers uncertain about when and how improvements would materialize.

The issue of the backlog in complaint resolution is particularly shocking. Thousands of Canadians are currently stranded in a bureaucratic limbo, awaiting responses to their grievances. Bill C-52 offers no concrete solution to expedite these processes. The situation is unacceptable, and it is a glaring omission in a bill that proposes to enhance transparency and accountability in our transportation system.

Furthermore, the bill's approach to addressing the broader aspects of air travel, such as the inclusion of diversity, reporting and climate change action plans, while noble in intent, seems to detract from the urgency of solving the immediate operational challenges. It is important to note the irony in the Liberal government's demanding action plans on climate change from airport authorities, when its own strategy has been riddled with inconsistencies and shortcomings, such as the recent exemption from the carbon tax for Atlantic Canadians.

When we turn to the specifics of the bill's provisions on service standards, we find ourselves confronting ambiguity once again. The absence of clear, defined standards raises concerns about the effectiveness of any future regulations. How can we ensure that the standards, once set, would genuinely benefit passengers, not just the industry?

Another point of contention is the bill's exclusion of certain key entities, notably the Canada Border Services Agency. The role of the CBSA in the smooth functioning of our airports is undeniable, and its exclusion from the scope of this bill is both puzzling and concerning. The extensive powers granted to the minister and cabinet to develop future regulations also merit scrutiny.

While it is understandable that a degree of flexibility is necessary in regulatory matters, the extent of discretion afforded here is worrisome. It suggests a reluctance to establish firm, decisive policies within the legislation itself. Instead, a wait-and-see approach that delegates critical decisions to future regulatory processes is opted for.

In light of these issues, the characterization of Bill C-52 as a toothless piece of legislation is not without merit. The bill seems to lack the specific actionable provisions needed to address the immediate challenges facing our air transportation system. The Canadian public deserves more than just a promise of future regulations. Canadians need tangible, impactful changes now.

As we proceed with this discussion, it is vital that we focus on what truly matters: the experience and rights of Canadian air travellers. Our evaluation of this bill must be grounded in a commitment to ensuring that their needs are met, their rights are protected and their voices are heard.

As we discuss Bill C-52 today, we must recognize that while legislative intent is a starting point, tangible outcomes are what truly matter. Having endured significant disruptions in air travel, the Canadian public deserves more than just promises for future action. It needs immediate effective solutions that address the core issues impacting travel experiences.

Conservatives remain committed to advocating for a robust, responsive air travel system that upholds the rights and needs of passengers. We believe in a framework that holds all federally regulated entities accountable, ensuring that they bear the financial responsibility for delays or cancellations. This includes airlines, airports and several other federally regulated organizations and entities involved in the air transportation sector.

While Bill C-52 takes a step toward addressing some aspects of our air transportation system, it falls short in delivering the comprehensive reform needed. Its lack of specific service standards, exclusion of key entities and overreliance on future regulations leave much to be desired.

As representatives of the Canadian people, it is our duty to ensure that any legislation passed by the House truly serves the best interests of our nation. We will continue to push for a more definitive and effective approach to resolving the challenges in our air transportation system. We owe it to the Canadian public to get that right.

I look forward to taking questions in response to my comments on this bill.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, we take Bill C-52 at second reading. In its title, the bill refers to passenger transportation, but it only applies, as we know, to air travel and some marine travel. Passenger rail continually gets neglected in this country.

Now that we are at second reading, would my hon. colleague agree that, in committee, we could specifically get at the question of aircraft and jet noise, as well as how it affects constituencies across this country?

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, I think a lot of things can definitely be improved upon in this bill once it goes to committee. That is the biggest challenge. We have so much uncertainty and ambiguity within this bill; once again, it is the Liberal government's attempt to make it look like it is doing something, when it is actually accomplishing nothing in the end. It is not really protecting the rights and freedoms of any traveller, regardless of whether it is air, train or whatever mode of transportation. We definitely need to reassess this when it comes to committee.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, the Conservatives are making things fairly difficult to understand. They say there are some positive things within the legislation, yet they are going to vote against it going to committee. That is what they are signalling. It is much like the vote we just had on the Canada-Ukraine trade agreement—

[The Deputy Speaker, Conservative, Chris d'Entremont]

I hate to interrupt the hon. member, but we are having an interpretation problem.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, there are problems with the member's microphone, which are preventing the interpretation into French. The microphone is too close and is causing interference. We have to consider the interpreters' health.