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

Sponsor

Omar Alghabra  Liberal

Status

Second reading (House), as of Nov. 21, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-52.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:05 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I am certainly not an expert on it, nor do I claim to be. However, I know that there are experts out there, and they are probably the ones we should be relying on to collect the evidence and to make recommendations.

This is the exact point. From time to time, we have to put in a framework such as this one, with various pieces of legislation. The criticism, which I think is just a red herring, is that we are not doing the regulations. Well, would we not want to consult people first, obtain the information, talk to experts and then put in regulation? Of course we would, and that is what this bill would do; it would set up the process to allow that to happen.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:05 p.m.
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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I just have a couple of quick comments and then a question for the member.

Early in his speech, the member asked about the last time Conservatives voted in support of a Liberal bill. We did that yesterday, not even 24 hours ago.

The second thing is that I just want to thank the member for putting on the record that every member of Parliament should have as many interventions in the House as the member for Winnipeg North does, with 3,000 in the last two years. We may have two years left in this Parliament. I am looking forward to every other member in the House getting 3,000 interventions in the chamber in the next couple of years. That would be a great way to represent our constituents. I want to thank the member for putting that on the record.

Part of this bill would set up a framework for dealing with the challenges in our air industry, particularly the complaints. The member represents an area that has a local, regional airport. Having flown out of it many times in the past, I have run into a number of challenges flying through Kingston.

Could the member elaborate on whether he has heard any concerns in the last couple of years about his airport in Kingston?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:05 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, Kingston has had an airport since World War II. It continues to operate today.

Absolutely, there are always concerns. One of the challenges for Kingston, which other people see as a benefit, is that it is located two hours from Ottawa, two hours from Toronto and two hours from Montreal. The member said he flew through Kingston, and I do not understand that; one is either arriving or leaving to go to one of those other spots. However, the point is that while we have what might be seen as a detriment to Kingston, in terms of our airport, we also have the fourth-busiest train station in the country. People might not expect that of Kingston, but it is the case because of our proximity to the other cities I just mentioned.

In Kingston's case, it makes more sense for the average traveller to take the train, for example, from Kingston to downtown Toronto, jump on the train to Pearson, and then fly out of there. There are some people who still prefer to fly right out of Kingston, but the options are not as great as they are for some other small regional airports.

We have challenges, and I want this framework in place so that some of those challenges could be dealt with. That is what the framework is all about.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:05 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I commend by colleague from Kingston and the Islands for his speech.

While the bill is well intentioned, certain aspects create great uncertainty. I would like my colleague to offer his opinion on the matter.

We note that the regulations in this bill give the minister a lot of latitude. Most of the changes will be through regulations. This raises many concerns for the various industries involved. Furthermore, it does not give legislators either control or certainty regarding the scope of the measures.

I would like my colleague to enlighten us on this matter.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:10 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, this is the theme of my questions.

The member for Scarborough—Guildwood said this better than I can. The framework is put in place, the regulations are put in place and then we have a committee that can oversee the regulations. If a member of Parliament has an issue, they should talk to their representatives on that committee, where the regulations that have been put in place by the minister could be scrutinized.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:10 p.m.
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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, it is always a pleasure to rise in the House and speak on behalf of the incredible constituents of Calgary Midnapore.

Before I begin my speech, I would like to state that I will be splitting my time with the member for Provencher. I look forward to his remarks following mine.

When I received the request from our shadow minister for transport, the member for Chilliwack—Hope, I was, in fact, very honoured. One of my greatest achievements in my time in the House of Commons was serving as the shadow minister for transport during the pandemic. I can certainly tell everyone that things did not function as they should have during that time. They did not function at all, in fact.

My experience, based upon that time, leads me to the conclusion that there is, in regard to the government, lots of regulation and no responsibility. This also summarizes my conclusion regarding Bill C-52.

I think that this is a theme we have seen with the government. We have seen this with some recent decisions made at different levels of government, as well as at higher courts, including with regard to Bill C-69, the “no more pipelines” bill, as we called it here. There, they put in significant regulation against not only pipelines but also, actually, lots of other pieces of infrastructure. We see that this was, in fact, overturned.

Just this past week, as well, we were very happy to see, on this side of the House, the overruling of the single-use plastics legislation that was put in by the government. Again, the government imposes all this regulation on industry, on Canadians and on third parties without taking the responsibility for the regulations that it has imposed upon itself. I think we are seeing this again in this bill.

I am sure that we are aware that 2022 was a disastrous summer travel season, as well as a terrible holiday travel season through December. Really, if we look back at that, it was for the reason that I gave at the beginning of my speech, which was poor management of the transportation sector through the pandemic.

Frankly, they had no plan for the airline sector at that time. As the shadow minister of transport, I certainly tried to get them to produce a plan. They did no such thing. This had significant and widespread consequences not only for Canadians but also for workers across Canada, as well as for different communities and regions across Canada.

I implored them to come up with a plan for regional airlines at the time. Regional airport authorities were left to fend for themselves. I, along with my colleagues, made a very strong push for them to implement rapid testing and implement it sooner than they did, in an effort to more easily facilitate both travel and the travel sector. As well, I tried very hard to convince them not to use the supports for sectors for executive compensation. All these requests that I made as the shadow minister for transport fell upon deaf ears at that time.

In addition, of course, I was not alone in doing that. There were also my colleagues, the member of Parliament for Selkirk—Interlake—Eastman and the member of Parliament for Charleswood—St. James—Assiniboia—Headingley.

Sadly, in September 2020, we saw 14% of Nav Canada employees being laid off in centres in Winnipeg and Halifax. That is just another example of the lack of action of the government during the pandemic. At that time, 750 families had to go home and tell their families that they did not have a job anymore.

I said back in September 2020, before the throne speech, that our economy simply cannot function, let alone thrive, without major carriers and airport authorities. Ironically, I said that on mini-budget day, and here we are again today.

In 2020, the Calgary Airport Authority alone was expecting a 64% drop in passenger traffic from 2019 levels and projecting a loss of $245 million in revenue. Other airport authorities across the country were facing similar challenges at the time. Stakeholders also reported that some supply chains had been overloaded as a result of the pandemic, with demand for some products having increased by up to 500% and vulnerabilities having become apparent.

At that moment, I asked for the government to develop a plan with common-sense solutions. We continue to ask for such solutions today; again, they are not apparent in Bill C-52. Once again, we see a government that has lots of regulations, yet takes no responsibility.

I will turn my speech now to the point about complaints. Over the past year, the backlog of complaints with the CTA, the Canadian Transportation Agency, has grown to an average of 3,000 complaints per month, with a backlog of over 60,000 complaints now waiting to be adjudicated by the agency. In fact, the bill before us would set no service standards for the Canadian Transportation Agency and would do nothing to eliminate the backlog of 60,000 complaints. I have an example from my riding, where, as of July 2023, I had a constituent waiting two years for a response from the CTA to the complaint they had registered. In the same eight months when the CTA processed 4,085 complaints, the complaints grew by 12,000, doubling in that time. It is no wonder Canadians are dissatisfied with the current process in place, and the legislation would do little to improve it without said standards.

As well, it is not clear which entities would be covered by the bill as the bill would be left to future regulations. A theme we have heard on this side in discussing the bill today is there are lots of regulations. In fact, we have seen from the other side of the House that members take advantage of the regulations. They take advantage of Canadians in using these regulations. We might see something that is perhaps gazetted and then all of sudden brought into implementation, with both industry and Canadians being forced to respond and to pay the price for the use of regulation by the government.

Fundamentally, the bill remains a toothless bill that contains no specific remedies to the problems that have been plaguing the system since the pandemic. I will add that during the difficult time coming out of the pandemic, the then minister of transport blamed Canadians for forgetting how to travel. I talked about the government's shirking responsibility, and there we see it again with the minister of transport's not saying that it was his bad or that he should have come up with a plan during the pandemic, but rather blaming Canadians. He was not even addressing it through the complaint process, nor was he willing to fix the complaint process.

I have a quote from a significant air passenger rights advocate, Gabor Lukacs. Anyone who sits on the transport committee certainly will have communicated with him. He says, “There may be penalties, but even those powers are left to the government to create.” Since I am throwing out Gabor Lukacs's name, I would also like to mention Roy Grinshpan, who has also been an incredible advocate for passenger rights and passenger advocacy.

Even the pilots with whom I worked so closely during the pandemic are not in favour of the legislation. The president of ALPA Canada, Captain Tim Perry, for whom I have a lot of respect, brought to my attention that safety might be compromised as a result of the implementation of the bill to ensure that passengers are taken care of. This is simply another concern, which is that passengers are not being taken care of, and even the pilots who fly the planes are voicing their concern over this.

To conclude, I talked about the implementation of regulation, so much of it, but again there is no responsibility. The then minister of transport said that there would be consequences for service providers that do not meet the standards, but he did not disclose what they would be. Again, there is so much regulation and no responsibility. The government tells Canadians and industry time and time again that they have to do this and that, but it never takes responsibility for the legislation it implements.

In conclusion, Bill C-52 and the government are about lots of regulations but no responsibility.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:20 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, because today I understand that the Conservatives are doing a count, I think this is my 3,260th or so time that I have actually stood up in the House. I can honestly say that this is in good part because the Conservative Party continues to want to mislead Canadians and direct them off track. Unfortunately, that means I do have to stand up periodically to set the record straight and put some facts forward, as opposed to the mischief that the Conservative Party wants to constantly create and spread throughout social media.

The bill is a very good example. Bill C-52 is good, solid legislation that would improve the conditions of air travel and port fees for Canadians virtually from coast to coast to coast. It is good, substantial legislation, yet the Conservative Party is going to be voting against it. Why would the Conservative Party vote against the legislation, as opposed to supporting it, allowing it to go to committee and maybe looking at making some changes like the member herself is? It seems to be common sense.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:20 p.m.
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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, I did not hear a single thing the member said after I heard that he has stood up in the House 3,000 times and is not a member of cabinet. I think, rather than responding to that, I am actually going to start a petition that the member should be brought to cabinet. I encourage the member to keep advocating anything and everything. I am not getting a lot of support for the idea on this side of the House. I guess with 3,000 interventions, we have to wonder who is listening. I was not.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it shows that Conservative members, much like the member said, are not listening. That is part of the problem. Conservative members do not listen to what Canadians are saying. They are more concerned about what I mentioned yesterday: bumper stickers.

The legislation is sound legislation that would improve air travel in Canada, yet the Conservative Party wants to filibuster and to see the legislation defeated, as opposed to recognizing the good within the legislation. If they have some ideas, which has been very rare unless it has been about cryptocurrency or something silly like that, at the end of the day, the Conservative Party does not want to contribute to good, healthy legislation but, rather, oppose and filibuster. How does the member justify such irresponsible behaviour to her constituents, given what we hear on a daily basis coming from the Conservative Party of Canada?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:20 p.m.
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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, I think I made it very clear in my speech. I am listening. I am listening to stakeholders that the government has ignored for years, including pilots, passengers, airport authorities, airlines and Canadians. Do we know who has not been listening? It is this member. He is talking and has done so over 3,000 times.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:20 p.m.
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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I would just like my colleague to elaborate a little bit on the challenges that passengers have been having, maybe from her riding. The Canadian Transportation Agency has a backlog of over 60,000 complaints. I know I have had people in my riding complain. I would just like to give her the opportunity to expand on what she is hearing in her riding of Calgary.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:20 p.m.
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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, my colleague from Bruce—Grey—Owen Sound was instrumental on the leadership team during the time of the pandemic, so I appreciate that.

In fact, I do have an example from my riding. This is from a constituent: “On June 25, 2022, I filed an air travel complaint with the Canadian Transportation Agency. By November 25, 2022, I was 10,203 in the complaint queue out of 40,000 complaints. As of today, I am 6,118 in the queue out of 52,000 complaints”. Do members know who should listen to this? The Liberal government should.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:25 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is always a privilege to speak on behalf of Canadians and, particularly, of my constituents in the riding of Provencher. For those who do not know where Provencher is, it is in southeast Manitoba.

Today, I am speaking to Bill C-52, An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act. While there are parts of the bill that I believe go in the right direction, I will affirm that I have concerns. Probably one of the biggest concerns is the bill’s title's not living up to its intentions, and not just missing an opportunity but also missing the point. Members may remember the story of the man in a restaurant who calls out to the waiter, “What is this fly doing in my soup?” The waiter is at first silent, then looks down at the soup and exclaims, “The backstroke.” Like the waiter, the bill misses an opportunity and misses the point.

Something Conservatives have observed over the last eight years is that while the current government is very good at photo ops and making announcements, it is much harder for the government to implement initiatives that get to the heart of the real issues. The importance of considering how each decision, each effort and each initiative would make a difference to the big picture in any bill or directive gets lost in the photo ops and glossy announcements. However, let me say what I believe the bill intended to do, based on its title, because accountability is a foreign concept to the NDP-Liberal government and something that has not proven easy for the government to even comprehend.

No doubt my hon. colleagues will remember the summer of 2022, with 9,500 flights being cancelled in July and August, and the Christmas that followed. My colleagues will well remember the time, because their offices were flooded with travel stories that went wrong. After being cooped up, isolated, mandated and restricted, Canadians were finally free to travel, to visit loved ones they had missed through COVID, to catch up celebrating family milestones that had been neglected, and to embark on new adventures and experience the joys of travel, but also free to grieve and mourn with those whose loved ones had passed away.

However, as the stories unfolded, the long-held dreams became deflated with long wait-lists, overflowing baggage halls, stranded passengers, flight cancellations and delays. On-time performance, according to Greater Toronto Airport Authority president and CEO, Deborah Flint, was at 35% in the summer of 2022. That would be a failing grade even by Liberal standards. It was reported that Toronto Pearson Airport was listed as the second-worst in the world for delays. Travellers made every effort to avoid connecting through Toronto, yet luggage lagged even farther behind, with some headlines reporting that airlines were donating unclaimed baggage to charities after 90 days. In some cases, frustrated and angry travellers traced their luggage through the use of air tags and found their luggage stowed away in off-site storage facilities. This past January, it was reported that a shortage of pilots compounded the problem. Regardless, people slept on floors and endured the relentless chaos.

As we can see, the problems were layered and complicated. It was good that the government finally felt compelled to act, and Bill C-52 was its response. Clearly, the layers of accountability need to be considered and addressed, which is why Conservatives believe that every federally regulated entity that has a role to play in the delivery of air travel must be held responsible for delays or cancellations, including airlines, airports, CATSA, Nav Canada and CBSA. If security lineups are delaying people to the point that they are missing flights, airport baggage handling is not functioning in a timely matter or CBSA is not staffed sufficiently, then there are concerns that need to be addressed. Each layer of service and delivery needs to be held accountable.

One of my biggest concerns with the bill is how much power it gives to the minister and cabinet to develop regulations in the future. Instead of including concrete improvements in the legislation, on the final page of the bill, in the closing section, key sections are referenced as coming into force at a later date to be determined.

If I may, let me tell another story. A fellow was walking along a country road when he came upon a farmer working in his field. The man called out to the farmer and asked how long it would take to get to the next town. The farmer did not answer. The guy waited a bit and then walked on. After the man had gone about 100 yards, the farmer yelled out that it would take about 20 minutes. The traveller thanked the farmer, but asked why he did not tell him that when he had asked, to which the farmer replied that he did not know how fast the traveller was going to walk.

Providing the needed information in this bill and considering the fullness of information is important as the details make a difference to the outcome of the expectations. How can we know if we agree with future measures that cabinet and the minister would be putting in place?

As a Conservative, I do not believe that giving more power to government is the solution. Instead, I believe that accountability helps set up organizations for better success and improved service delivery.

The law firm McCarthy Tétrault provides insight into the bill in a blog based on their assessment. Referencing the bill “Authorizing the Governor in Council to make regulations respecting the development and implementation of service standards related to flights and flight-related services”, it notes as a concern the uncertainty of what these service standards may entail at a future time, and how they will impact day-to-day operations. It also captures the element that deeply concerns me when it states:

The Act grants the Minister broad powers to request information from airport operators, air carriers, and entities providing flight-related services. Requests may include information regarding (a) the capacity and development of the Canadian air transportation system, (b) operations and air traffic; and (c) compliance by an airport operator with Canada’s international obligations in respect of aeronautics; as well as any information that an airport authority is required to keep in accordance with its governing corporate legislation.

The problem is that this is a toothless bill that contains no specific remedies to the problems that have been plaguing the system. It gathers a lot of information, but does not have any teeth.

Without specifics, we are told that we need to trust the minister and his word to solve all the problems. The minister and cabinet would solve all these problems by future undefined regulations. However, in the interim, the bill would allow for data collection and sharing that would somehow make it better for Canadian travellers. What data would be captured and what it would look like when service standards are not met are not even mentioned.

In his speech in the House, my colleague from Chilliwack—Hope referenced McGill University’s aviation management lecturer, John Gradek on this subject, who said, “There’s lots of stuff about data sharing but not much about what or who would be taking action and in what conditions would action be taken”. The lack of detail on important issues is alarming. What about the backlog of complaints with the Canadian Transportation Agency, which has grown by 3,000 complaints per month with a backlog of over 60,000 complaints, all now waiting to be adjudicated by the agency?

I remember a number of months back, chatting with a friend who said that it had become their expectation that they needed to factor in travel delays in their business planning. In fairness, while we have moved past the horrific status of having the second worst number of delays in the world, people are still waiting for answers. Passengers are unable to resolve their compensation claims and are waiting over 18 months to have their claims considered by CTA. Unfortunately, nothing in the bill deals with this.

This bill is vague and, once again, as is common with many of the actions and posture of the Liberal government, projects “a government knows best” attitude. All we have to do is give away sweeping powers for this to happen. The government and Governor in Council have no business in the boardrooms or management of Canadian corporations or businesses. What the government should be focused on is achieving outcomes.

I will come back to my first point, which is that I think it is unfortunate that this bill missed an opportunity. Having said that, I want to end on the points that we do support. Let me start by saying that we have no problem with the accessibility and disability portions of the bill. We also appreciate that this bill may have had good intentions, but it has missed the mark completely.

Fortunately, common-sense Conservatives will continue to advocate for Canadians and do everything we can to help the government redirect its efforts in support of Canadians.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:30 p.m.
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Pickering—Uxbridge Ontario

Liberal

Jennifer O'Connell LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, if these common-sense Conservatives believe that they are going to do everything to help Canadians, then why would they not support the bill that would help address issues of accessibility and persons with disabilities? Why would these common-sense Conservatives not support measures that create more accountability to create a framework and to create standards?

That does not sound like common sense. That sounds like Conservative politics, which actually disadvantage Canadians. If the member opposite supports the measures in the bill for persons with disabilities, why is he voting against it?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 12:35 p.m.
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is interesting that, if a member supports any one item in a bill, the Liberals think right away that the member endorses or supports the entire bill. That just is not the case.

I think I articulated fairly clearly in my speech that this bill has many flaws. It sets out a regulatory regime that we would be handing over to cabinet or the Governor in Council for them to determine the regulations. This is without any indication that there would be any accountability from the service providers in our transportation industry. That is what is glaringly missing from this bill. There is no mechanism in here for responsibility within the transportation industry or to hold it accountable to its commitments and our expectations.