Bill C-4 (Historical)

International Interests in Mobile Equipment (aircraft equipment) Act

An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

This enactment would implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.

International Interests in Mobile Equipment (aircraft equipment) Act

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, I am pleased to be able to make a few comments with respect to Bill C-4, an act to implement the convention on international interests in mobile equipment and the protocol to the convention in mobile equipment on matters specific to aircraft equipment. This would provide a continuation of the development of the security law sector. It is a step forward in the right direction. I think it should be viewed by members and Canadians as part of a continuation of the history of providing security.

Hon. members in the House who know or practice law will know that going back a couple of hundred years the only security generally that one could get was the mortgage on one's property or house. It worked very well because lenders were prepared to lend money on the basis that if they were not repaid the house or property could be seized. As a result, the lowest interest rates were always available for mortgages.

However, with the development of trade and other types of assets, it became necessary to find a way to provide security and obtain financing. For the most part, in the 18th and 19th centuries, that was confined to shipping, which was the common way of trade between countries. Over a couple of centuries, a body of law developed, which was referred to as the admiralty law, that contained a whole host of rules and obligations to govern shipping throughout the world. For the most part it worked well because it lent certainty to individuals who were in the business of trade throughout the world. There were consequences to those individuals or countries that did not pay attention to the rules.

A number of instances took place in the 19th century where ships were seized or impounded in various places around the world and in short order a number of individuals and countries discovered that a royal navy gunboat was in the harbour to back up the security.

As the 20th century developed, that style of enforcement of securities did not lend itself as well to modern trade, not only because of the directness of that approach but because there were other types of security. The development of the aircraft industry in the 20th century meant that other types of security would be necessary.

That has been very difficult because if we do not have a way of enforcing security throughout the world, lenders, understandably, become nervous about forwarding money. If one owned an airplane in Canada and the person wanted to fly to various countries around the world, those providing the financing would, understandably, want to know what would happen if the owner could not pay, especially if the plane were in a part of the world with different laws or perhaps no laws at all. As a result, lenders were very reluctant to forward money on that basis because they could not be certain of the security or of being able to realize on their security if the aircraft or other piece of equipment on which financing had been forwarded were in some other part of the world.

It was difficult for people in the aircraft industry to obtain financing and if they could obtain financing it was very expensive. That really did not work in anyone's interest. It does not work in the interests of those in the aeronautical industry and it does not work, quite frankly, for passengers. Those of us who use airlines want the fares at the lowest possible price but if the aircraft company is having difficulty getting financing that gets passed on the passengers and in turn it is bad for everyone.

I see something like a convention that would include, among other things, as the parliamentary secretary said, aircraft, aircraft engines, helicopters, railway rolling stock which is another type of equipment that moves outside of the country, and, interesting enough, space assets. Presumably we could put security on a satellite.

The good thing about it is that it is one stop shopping. Apparently, it will be available on the Internet so that throughout the world individuals can check to see what the security is on a particular piece of equipment. This would give peace of mind to everyone involved.

Canada has a very important aircraft industry. This will assist it. There has been quite a bit of talk about the struggles within the airline and aircraft industries. If they are able to obtain financing, this will go a long way to helping them. It would benefit everyone.

I asked the parliamentary secretary about the question of provincial jurisdiction and I would like to explore it a little bit further when this matter goes before the transport committee. For the most part contract law is within provincial jurisdiction. Each province has laws and rules that govern contracts. Indeed, the province with which I am most familiar, Ontario, has something similar to that called the personal property security act.

If we obtain financing for an automobile, it gets registered, and it goes into the computer. Anyone interested in buying or otherwise financing our car would be able to quickly find out through a computer station located at registry offices across Ontario what the security interest is in it. The province already has a regime in place, as do other provinces, and it has a huge interest in it.

I, for one, would be very interested to know when other provinces will be ratifying this agreement because we cannot have the federal government ratify something like this when so much of the jurisdiction is with the provinces. In particular, I would be interested in knowing the timeline of the Province of Quebec, which has a huge stake in the particular industry covered by the bill. Indeed, I would be very interested in the comments it may have on this. That is one of the aspects I would like to see addressed in committee and to hear what the provinces have to say.

Be that as it may, I want to assure the House that we believe on this side of the House that the bill should go forward. This is a step in the right direction and I will be interested to hear from all the players in the industry. I think it will be widely accepted and quite frankly, welcomed. Any time we get anything that is 100 pages long, there may be some surprises in it, but let us deal with it at the second reading stage in committee because I definitely think this is a step in the right direction. I look forward to Canada ratifying it, our provinces ratifying it and indeed, all the other countries of the world getting on board with this regime.

[Jim Karygiannis, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, it gives me great pleasure to stand before the House today in support of introducing Bill C-4, which is proposed legislation that seeks to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention of International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment. The convention and aircraft protocol were concluded in Cape Town, South Africa in November 2001.

I believe we all agree that a strong competitive aviation industry is an important underpinning of Canada's economy today and into the 21st century. Furthermore, I think we all recognize that this sector has faced significant challenges over the past few years.

As the House is aware, the aviation sector is particularly vulnerable to economic shocks and other world events: 9/11, SARS and record high fuel prices. All have had a negative effect on the sector. Industry stakeholders have been calling on the Government of Canada to implement broad measures to assist the difficult situation facing the airline and aerospace sectors.

The proposed legislation is one way the government is demonstrating its commitments to long term viability of the Canadian airline and aerospace industries. Adopting the bill will help these industries compete more effectively in the global economy by facilitating their access to capital markets.

Improving the competitiveness of the Canadian airline and aerospace sectors will work to maintain highly paid, specialized jobs in Canada leading to positive spin-offs in all regions of Canada and throughout the economy. Consumers also will benefit through increased airline services and/or lower fares. Another benefit of facilitating the acquisition of modern aircraft is that air transportation can become safer and environmentally cleaner.

In summary, through this bill and the ratification of the convention and aircraft protocol, the Government of Canada will actively support all elements of Canada's aviation sector.

Canada played a leading role in the negotiation and the development of the Cape Town convention and aircraft protocol. The convention and aircraft protocol represent an unparalleled example of cooperation between governments and industry in creating an international regime. In fact, it was a Canadian delegate on to the International Institute for the Unification of Private Law, or UNIDROIT, that first proposed the establishment of an international registry for security interests in aircraft in 1988. Since then, governments and industry worldwide have cooperated in developing the convention and aircraft protocol.

Canada's active involvement in the negotiations leading up to the adoption of the convention and aircraft protocol highlighted Canada's commitment to seek global solutions to global problems in cooperation with the rest of the international community.

While it has taken more than 15 years for this initiative to come to fruition, it has met with approval from both the airline and manufacturing elements of the aviation industry as well as those providing financing for it. Throughout the process leading up to the tabling of this initiative, these stakeholders have been continuously consulted. Representatives of the Canadian industry were present and participated in many of the meetings leading up to the diplomatic conference at Cape Town as well as the meetings that formerly adopted these international instruments. It is clear that the adoption of the bill will be an important step in the creation of an international regime that the aviation industry sees as beneficial.

The convention and aircraft protocol will establish an international legal regime that includes remedies to creditors in case of default. New rules will reduce the risks associated with financing and provide greater certainty to creditors and aircraft manufacturers. This will lead to larger amounts of credit being made available to airlines at a lower cost, ultimately generating increased airline earnings and profitability and important spin-off benefits to the broader economy.

The convention and the aircraft protocol will create an international registry for rights in aircraft and will set the order of priority among purchasers and creditors. The creation of a single international registry will provide considerable advantage in terms of time, cost savings and improve certainty in resolving questions of priority of interests.

The proposed bill will give force of law to the provisions of convention and aircraft protocol that fall within federal jurisdiction. Amendments to the Bank Act permit the carving out of larger aircraft equipment from its purview and direct registrations to the international registry. Amendments to the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Winding-up and Restructuring Act will provide greater certainty for aviation creditors, thus benefiting Canadian aircraft manufacturers, financiers and airlines on the international level.

The bill would provide for a special remedy in the case of insolvency that would impose a fixed date period of 60 days. After this period, creditors could reclaim an aircraft or aircraft equipment on which they have security, if the lessee has failed to meet its obligations under the lease. The adoption of this stay period would increase certainty in the system and would provide a level playing field between Canada and the United States. The U.S. industry already benefits from a similar provision under the U.S. bankruptcy code.

On March 31 Canada became the 28th state to sign the convention and aircraft protocol. Our signature was added to a list of all countries with significant aviation and aerospace industries including France, Germany, the United Kingdom and the United States. Implementation of the convention and protocol in Canada will reaffirm Canada's leadership role in international civil aviation. The introduction of this legislation establishes that Canada is taking an important step toward eventual ratification of the convention and aircraft protocol.

Stakeholders have conveyed that substantial benefits are expected following the passage of this proposed legislation and Canada's ratification of the convention and aircraft protocol.

Airlines expect that the new regime will enhance their ability to obtain financing for their aircraft because the system would provide increased security for creditors. Since the rules provided for in the convention and aircraft protocol, and the bill reduces their financial risk, it is expected that creditors will make greater levels of credit available at a lesser cost. This will have a direct financial impact on an airline's bottom line by reducing the cost of borrowing money.

Aircraft manufacturers are expected to benefit from increased sales resulting from reduced financing costs. Consumers can also expect to benefit. Passengers stand to benefit from airlines that pass their realized cost savings to their end users. Furthermore, air transportation can become safer and environmentally cleaner by allowing airlines to purchase more modern aircraft at reduced costs.

Not only will Canadians benefit by the adoption of this treaty, so will other developing nations. When implemented in developing countries, this convention and aircraft protocol will result in reduced financing costs and will make financing available when it is not otherwise available. As a result of increased certainty that is afforded to creditors, airlines will be more willing to allocate surplus aircraft to developing markets. These markets will then benefit from obtaining safer, more efficient and more environmentally friendly aircraft than they may currently use.

A second major feature that will be achieved through the adoption of the convention and aircraft protocol involves the creation of a worldwide Internet based international registry. This will be available to any individual or company 24 hours a day, seven days a week. The existence of a single, worldwide, electronic international registry for recording and searching aircraft equipment is viewed by stakeholders, including the legal community, manufacturers and financiers, as a considerable advantage in terms of time, cost savings and improved certainty.

The international registry will be set up and operated by Aviareto, an Irish-based company that was selected through a tendering process supervised by the International Civil Aviation Organization. A permanent supervisory authority will oversee the operation of the registry. It will, among other things, have the authority to appoint and dismiss the registry operator, make regulations dealing with the operation of the registry, establish procedure for receiving complaints, set the fee structure and report to contracting states.

As a signatory party and a key participant to date, Canada will continue to work through ICAO to ensure Canadian interests will be protected throughout this process.

It is important to note that provincial and territorial implementation legislation is also required before the convention and aircraft protocol can take effect in respect of Canada. The provinces and territories have consistently demonstrated their interest and support for these instruments.

Already, Ontario and Nova Scotia have passed implementing legislation that we could expect to enter into force following Canada's ratification of the convention and aircraft protocol. The provinces and territories continue to be consulted through the Uniform Law Conference of Canada and through the Department of Justice advisory group private international law.

For a country like Canada, the convention contains only a few major innovations. However, it will provide other countries with a considerable measure of legal improvements that may well assist them in getting the most out of their economies while at the same time providing enhanced opportunities for Canadian businesses.

As already outlined, the benefits to Canada of implementing the bill and ratifying of the convention and aircraft protocol include: greater security for creditors; increased competitiveness of the Canadian aerospace and airline industries; maintaining jobs in Canada; and spin-off effects for various regions within Canada.

I want to emphasize that the government consulted widely with stakeholders prior to signing the convention and aircraft protocol, and they remain supportive of this initiative.

The bill has been introduced prior to ratification of the convention and aircraft protocol because federal, and at least some provincial and territorial implementation legislation, must be in place before the agreements can come into force in Canada. Ontario and Nova Scotia have already passed implementing legislation and it is expected that other provinces and territories will follow suit, especially those with significant aviation interests.

In conclusion, adoption of the bill is an important step toward eventual ratification of the convention and aircraft protocol, which would confer significant benefits to the airline and aerospace industries and the Canadian economy more broadly.

[Jean Lapierre, Liberal, Minister of Transport]

moved that Bill C-4, an act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, be read the second time and referred to a committee.

Business of the House

[Tony Valeri, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I am sure that the minister will table the document at the first available opportunity.

With respect to the business going forward, this afternoon, tomorrow and Monday, we will continue with second reading of Bill C-5, which is on learning bonds, followed by second reading of Bill C-6, which is establishing the department of public safety; second reading of Bill C-3 which is the Coast Guard bill; second reading of Bill C-7 respecting national parks; second reading of Bill C-8 creating the public service human resources agency; and second reading of Bill C-4, which is the international air protocol bill.

There will, as the House knows, be divisions at 3 p.m. on Monday.

Tuesday and Wednesday will be the last two days of debate on the Address in Reply to the Speech from the Throne, and Thursday will be an allotted day.

International Interests in Mobile Equipment (aircraft equipment) Act

[Jean Lapierre, Liberal, Minister of Transport]

moved for leave to introduce Bill C-4, An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.

(Motions deemed adopted, bill read the first time and printed)